Section 328 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 328 of the Bharatiya Nyaya Sanhita (BNS), 2023, under Chapter XVII: Offences Against Property:
📜 Section 328 – Punishment for Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft, etc.
Offence Defined:
A person is guilty under this section if they deliberately run any vessel aground or ashore, intending to:
Commit theft of any property on the vessel,
Dishonestly misappropriate such property,
Or plan the vessel run to enable those wrongful acts.
(kanoongpt.in, indiankanoon.org, myjudix.com)
⚖️ Punishment
Imprisonment: Up to 10 years (simple or rigorous)
Fine: Mandatory
Classified as cognizable, non-bailable, and triable by a Court of Session (lawrato.com)
✅ Key Elements
Deliberate action: Steering the vessel ashore or aground is intentional.
Criminal intent: Purpose must include theft or misappropriation, or preparation for such misconduct.
Mode of offence: Vessel isn't merely damaged—used as a tool for property crime.
🧭 Context & Comparison
It supplements the BNS’s mischief provisions, specifically targeting crimes involving vessels (indianlawhub.com).
The Indian Penal Code (IPC) lacked a dedicated equivalent; BNS fills that gap, giving clearer application and stronger deterrence.
Categorized within Chapter XVII, alongside Sections 327 (mischief to critical infrastructure), 329–331 (trespass-related), offering structured criminalization of maritime property offences.
🔎 Summary Table
| Feature | Detail |
|---|---|
| Offence | Intentional vessel grounding to facilitate theft/misappropriation |
| Imprisonment | Up to 10 years |
| Fine | Mandatory |
| Cognizable | Yes |
| Bailable | No |
| Triable By | Court of Session |
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