BNS Section 328 – Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
The Indian Penal Code (IPC) Section – 439
Bharatiya Nyaya Sanhita (BNS) Section 328: Punishment for Intentionally Running a Vessel Aground or Ashore with Intent to Commit Theft
This section deals with the intentional grounding or beaching of a vessel (ship or boat) to commit theft or misappropriate property. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Intentionally runs a vessel aground (stuck in shallow water) or ashore (onto land).
- The act is done with the intent to:
- Commit theft of property on the vessel, or
- Dishonestly misappropriate property on the vessel.
What is the Punishment?
The punishment for this offence is:
- Jail term of up to 10 years, and
- Fine.
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest without a warrant. |
| Bailable or Non-bailable | Non-bailable – The accused cannot easily get bail. |
| Court for Trial | Court of Session – The case is tried by a higher court. |
Key Points to Understand
- Intent to Commit Theft or Misappropriation:
- The offender must intentionally ground the vessel to steal or misuse property on it.
- Types of Vessels:
- The law applies to ships, boats, or any watercraft.
- Severity of the Crime:
- Grounding a vessel to commit theft is a serious crime, punishable by up to 10 years in jail.
Example of the Offence
- A intentionally runs a cargo ship aground to steal the goods on board. A is guilty under this section.
Why is this Law Important?
This law is important because:
- It prevents theft and misuse of property on vessels.
- It ensures the safety and security of maritime transport.
- It deters individuals from intentionally damaging vessels for personal gain.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 328 makes it a crime to intentionally ground or beach a vessel to commit theft or misappropriate property. The punishment includes up to 10 years in jail and a fine. The law protects maritime property and ensures that such dishonest actions are punished.
