Indian Ports Act, 1908
63. Foreign deserters
Any Magistrate, upon an application being made to him by the
Consul of any Foreign Power to which section 238 of the Merchant "Shipping
Act, 1894 (57 & 58 Vict., c. 60) has, by an Order in Council 65[or
order], been, or shall hereafter be, declared to be applicable, or by the
representative of such Consul, and upon complaint on oath of the desertion of
any seaman, not being a slave, from any vessel of such Foreign Power, may,
until a revocation of such Order in Council 65[or order] has been
publicly notified, issue his warrant for the apprehension of any such deserter,
and, upon due proof of the desertion, may order him to be conveyed on board the
vessel to which he belongs or, at the instance of the Consul, to be detained in
custody until the vessel is ready to sail, or, if the vessel has sailed, for a
reasonable time not exceeding one month:
Provided that a deposit be first made of such sum as the Magistrate
deems necessary for the subsistence of the deserter during the detention and
that the detention of the deserter shall not be continued beyond twelve weeks.