Section 282 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 282 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XV – Offences affecting Public Health, Safety, Convenience, Decency and Morals:
🚤 Section 282 – Conveying Person by Water for Hire in Unsafe or Overloaded Vessel
📜 Statutory Text (Simplified)
"Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel that is in such a state or so loaded as to endanger human life, or likely to cause hurt or injury, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine up to ₹5,000, or both."
(myjudix.com)
🔍 Key Points
Actus Reus: Conveying someone in a vessel that's unsafe or overloaded.
Mens Rea: Requires knowledge or negligence—i.e., one must be aware or reckless about the danger.
Penalty:
Up to 6 months' imprisonment (rigorous or simple),
And/or a fine up to ₹5,000.
Classification: Cognizable and bailable; triable by a Magistrate.
(myjudix.com, lawrato.com)
🧭 Comparison with IPC Section 282 (Former)
Under the previous IPC, the corresponding offence carried a maximum fine of just ₹1,000, though imprisonment remained the same. The BNS significantly increases the fine to ₹5,000—reflecting more stringent safety norms.
(en.wikipedia.org)
📌 Practical Relevance
Scope: Applies to boat operators, ferry services, or anyone hiring their vessel to transport passengers.
Objective: Enhances safety for waterborne travel and holds operators accountable for endangering lives.
Enforcement: Authorities (like maritime police or coast guard) can arrest without a warrant and impose penalties directly.
✅ Summary Table
| Feature | Detail |
|---|---|
| Offence | Conveying persons in unsafe overloaded vessels for hire |
| Fault | Knowledge or negligence |
| Punishment | ≤ 6 months’ imprisonment; fine ≤ ₹5,000 |
| Court Type | Cognizable, bailable, Magistrate trial |
Would you like:
A comparison with related BNS sections (e.g., §280–283)?
Examples of real-world incidents or prosecutions under §282?
Guidance on defences (such as absence of knowledge or due diligence)?
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