BNS Section 284 – Conveying person by water for hire in unsafe or overloaded vessel

Amit Kapoor04 mins

The Indian Penal Code (IPC) Section – 282

Understanding BNS Section 284: Conveying Persons by Water for Hire in Unsafe or Overloaded Vessels

The safety of passengers on water vessels is paramount, and operating unsafe or overloaded vessels can lead to accidents and loss of life. Section 284 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.

What Does Section 284 Say?

Section 284 deals with the act of conveying or causing to be conveyed for hire any person by water in an unsafe or overloaded vessel, endangering their life. Here’s what the law states:

  • Offense: If a person knowingly or negligently:
    1. Conveys, or
    2. Causes to be conveyed for hire,
      any person by water in a vessel that is:
    • In an unsafe condition, or
    • Overloaded,
      and this act endangers the life of that person, they commit an offense.
  • Punishment: The punishment for this offense can include:
    • Imprisonment for up to 6 months,
    • A fine of up to 5,000 rupees, or
    • Both imprisonment and fine.

Key Points to Understand

AspectDetails
What is the Offense?Conveying or causing to be conveyed for hire any person by water in an unsafe or overloaded vessel, endangering their life.
PunishmentUp to 6 months in jail, a fine of up to 5,000 rupees, or both.
Cognizable or Not?Cognizable: Police can arrest without a warrant.
Bailable or Not?Bailable: The accused can seek bail.
Court JurisdictionTrial can be conducted by any Magistrate.

Why is This Law Important?

  1. Ensures Passenger Safety: It prevents the operation of unsafe or overloaded vessels, reducing the risk of accidents and loss of life.
  2. Holds Operators Accountable: It ensures that vessel operators prioritize safety and avoid negligent practices.
  3. Promotes Responsible Tourism and Transport: It encourages safe practices in water transport and tourism industries.

Examples of Offenses Under Section 284

  • Example 1: A ferry operator knowingly uses a vessel with a damaged hull, risking the lives of passengers.
  • Example 2: A boat owner overloads a small vessel with passengers, making it unstable and unsafe.
  • Example 3: A tour operator negligently fails to check the safety equipment on a vessel, endangering tourists.

Conclusion

Section 284 of the BNS is a vital provision to ensure the safety of passengers traveling by water. Conveying persons in unsafe or overloaded vessels is a punishable offense, as it poses serious risks to human life. Always prioritize safety and act responsibly when operating or managing water vessels.

If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!

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