Section 282 BNS: Rash Navigation of Vessel
Section 282 of the Bharatiya Nyaya Sanhita, 2023 deals with rash or negligent navigation of a vessel where the manner of navigation endangers human life or is likely to cause hurt or injury to another person.
Text of Section 282 of the Bharatiya Nyaya Sanhita, 2023
282. Rash navigation of vessel.
Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other 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 ten thousand rupees, or with both.
Meaning of Section 282 BNS
Section 282 applies to the navigation of a vessel. The provision is attracted when the navigation is so rash or negligent that it either endangers human life or creates a likelihood of hurt or injury to another person.
Essential ingredients
For Section 282 to apply, the alleged conduct must involve navigation of a vessel and the manner of navigation must be rash or negligent to the degree described in the section. The statutory focus is on danger to human life or the likelihood of hurt or injury to another person.
Rash or negligent navigation
The section does not make every error in navigation an offence. The prosecution must establish rashness or negligence of the kind required by the statutory wording. Whether that threshold is met depends on the facts and evidence of the particular case.
Punishment under Section 282 BNS
A person convicted under Section 282 may be punished with imprisonment of either description for a term extending up to six months, or with a fine extending up to Rs. 10,000, or with both.
Nature of the offence under the BNSS First Schedule
| Offence | Rash navigation of vessel |
|---|---|
| Punishment | Imprisonment up to 6 months, or fine up to Rs. 10,000, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Any Magistrate |
These procedural classifications are found in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
When did the BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It received presidential assent on December 25, 2023. The Sanhita came into force on July 1, 2024, except for Section 106(2), which was excluded from the commencement notification.