Indian Penal Code 1860 › Section 282

Section 282 IPC: Conveying Person by Water for Hire in Unsafe or Overloaded Vessel

Section 282 of the Indian Penal Code, 1860 dealt with the safety of passengers carried by water for hire. It applied where a person knowingly or negligently conveyed, or caused another person to be conveyed, in a vessel whose condition or loading endangered that passenger's life.

Historical law position: This article explains Section 282 IPC and the criminal procedure applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. For conduct governed by the current penal law, the corresponding subject is dealt with in Section 284 of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 282 IPC

Conveying person by water for hire in unsafe or overloaded vessel.

Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Meaning and scope of Section 282 IPC

The provision targeted unsafe commercial carriage by water. The expression "for hire" makes the paid or remunerated character of the carriage important. Liability could arise from either knowledge of the danger or negligence in carrying a passenger in a vessel that was unsafe because of its condition or because it was overloaded.

The section did not require that death or bodily injury actually occur. Its wording focused on whether the condition or loading of the vessel was such as to endanger the life of the person being carried.

Essential ingredients

A person must be conveyed, or caused to be conveyed, by water in a vessel.
The conveyance must be for hire.
The vessel must be in an unsafe state or be so loaded that it endangers the passenger's life.
The accused must act knowingly or negligently in conveying, or causing the conveyance of, that person.

Punishment under Section 282 IPC

The maximum punishment was imprisonment of either description for up to six months, or a fine of up to Rs. 1,000, or both.

Cognizability, bail and trial under the pre-BNS framework

Particular	Section 282 IPC position
Maximum punishment	Imprisonment up to 6 months, or fine up to Rs. 1,000, or both
Cognizable / non-cognizable	Cognizable
Bailable / non-bailable	Bailable
Court competent to try	Any Magistrate
Compounding	Non-compoundable under the pre-BNS procedural classification

Difference between Section 280 and Section 282 IPC

Section 280 IPC concerned rash or negligent navigation of a vessel in a manner endangering human life or likely to cause hurt or injury. Section 282 was more specific: it addressed carrying a person for hire in a vessel whose unsafe condition or overloading endangered that person's life.

Present-law reference

From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 replaced the IPC for the new penal-law framework. The corresponding provision is Section 284 BNS. The core conduct remains substantially similar, while the maximum fine under Section 284 BNS is Rs. 5,000. The applicable provision in a particular case depends, among other things, on when the alleged conduct occurred and the statutory saving and transition rules.

Practical point: Whether a vessel was in a condition, or loaded to an extent, that endangered life is a fact-specific question. Evidence about passenger capacity, loading, condition of the vessel, safety equipment, weather and navigation circumstances may be relevant depending on the allegations.

Frequently asked questions

What did Section 282 IPC punish?

It punished knowingly or negligently conveying, or causing to be conveyed for hire, a person by water in a vessel that was unsafe or so overloaded as to endanger that person's life.

Was Section 282 IPC bailable?

Yes. Under the pre-BNS criminal procedure framework, the offence was cognizable and bailable and was triable by any Magistrate.

Was actual injury necessary?

The statutory language focused on the danger to life created by the vessel's unsafe state or overloading. It did not make actual injury an express ingredient of the offence.

What is the corresponding BNS provision?

The corresponding provision is Section 284 of the Bharatiya Nyaya Sanhita, 2023, effective under the new criminal-law framework from 1 July 2024.

This page is a general legal-information resource. The law applicable to a particular incident can depend on its date, facts, local amendments and judicial interpretation.