Code
Whoever intentionally runs any vessel aground or ashore, intending to commit
theft of any property contained therein or to dishonestly misappropriate any such property,
or with intent that such theft or misappropriation of property may be committed, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Explanation of Section 328 BNS
Section 328 of the Bharatiya Nyaya Sanhita (BNS) targets criminal activities involving vessels, specifically when someone intentionally causes a vessel to run aground or ashore with the goal of committing theft or dishonest misappropriation of property.
Key Elements:
- Intentional Act:
The act must be deliberate—the person must intentionally run the vessel aground or ashore. - Purpose:
The intention should be to steal property or dishonestly misappropriate items from the vessel. - Punishment:
The offender may face up to 10 years of imprisonment along with a fine.
Illustration
Example 1: Hijacking a Cargo Ship
A criminal intentionally steers a cargo ship towards shallow waters to loot valuable goods. This act falls under Section 328, and the offender can be sentenced to up to 10 years in prison and fined.
Example 2: Running a Boat Ashore for Theft
An individual runs a fishing boat ashore and steals equipment from another vessel. This intentional act is punishable under Section 328.
Example 3: Misappropriation of Goods
A person deliberately causes a vessel to run aground with the intent to misappropriate goods that are not their own. This is covered under Section 328, with similar penalties.
Common Questions and Answers on Section 328 BNS
1. What kind of vessels does Section 328 apply to?
Answer: It applies to all types of vessels, including cargo ships, fishing boats, and any other watercraft.
2. Is intent necessary for this offense?
Answer: Yes, the act must be intentional, with the purpose of committing theft or dishonest misappropriation.
3. What is the punishment for this offense?
Answer: Imprisonment for up to 10 years and/or a fine.
4. Does the law cover both theft and misappropriation?
Answer: Yes, it covers both theft and dishonest misappropriation of property from the vessel.
Conclusion
Section 328 BNS serves as a deterrent against maritime crimes, particularly those involving the intentional damage or risky maneuvering of vessels to commit theft or misappropriate property. The law emphasizes the seriousness of such offenses, reflecting the potential danger to property and lives involved in these crimes.
