Bharatiya Nyaya Sanhita, 2023
Section 328 BNS: Intentionally Running Vessel Aground or Ashore With Intent to Commit Theft, etc.
Section 328 of the Bharatiya Nyaya Sanhita, 2023 punishes intentionally running any vessel aground or ashore with the object of committing theft of property contained in the vessel, dishonestly misappropriating such property, or enabling such theft or misappropriation to be committed.
Section 328 BNS - Statutory Provision
Section 328 applies where a person intentionally runs any vessel aground or ashore, intending to commit theft of property contained in the vessel, intending to dishonestly misappropriate any such property, or intending that such theft or misappropriation may be committed.
Meaning and Scope of Section 328 BNS
The section focuses on a deliberate act involving a vessel. Accidentally grounding or beaching a vessel is not, by itself, sufficient. The vessel must be intentionally run aground or ashore and the act must be connected with the specified criminal purpose relating to property contained in the vessel.
The provision does not require that the theft or misappropriation must ultimately succeed. The statutory focus is the intentional grounding or beaching of the vessel with the prohibited purpose.
Essential Ingredients of Section 328 BNS
- there must be a vessel;
- the accused must intentionally run the vessel aground or ashore;
- property must be contained in the vessel;
- the act must be done with intent to commit theft of that property, to dishonestly misappropriate it, or with intent that such theft or misappropriation may be committed; and
- the necessary connection between the intentional grounding or beaching and the intended property offence must be proved.
The Required Intention Under Section 328
Intention is central to the offence. The section does not criminalise every intentional act of running a vessel aground or ashore. The act must additionally be accompanied by one of the property-related intentions expressly stated in the provision.
Evidence concerning planning, control of the vessel, statements or conduct of the accused, access to cargo or other property, and subsequent acts may be relevant to proving the statutory intention.
Theft and Dishonest Misappropriation in Section 328
Section 328 expressly refers to both theft and dishonest misappropriation. The provision therefore covers an intention to take property dishonestly as theft as well as an intention to dishonestly convert or misappropriate property contained in the vessel.
The section also reaches conduct where the vessel is intentionally run aground or ashore with the intent that another person may commit the theft or misappropriation.
Punishment, Cognizability, Bail and Trial Court
| Provision | Section 328 BNS |
|---|---|
| Offence | Intentionally running a vessel aground or ashore with intent to commit theft or dishonest misappropriation of property contained therein, or to enable such offence |
| Punishment | Imprisonment of either description up to ten years and fine |
| Cognizable | Yes |
| Bailable | No - non-bailable |
| Trial court | Court of Session |
Difference Between Sections 327 and 328 BNS
Section 327 BNS concerns mischief intended or known to be likely to destroy or render unsafe a rail, aircraft, decked vessel or vessel of twenty tons burden or upwards.
Section 328 instead focuses on intentionally running any vessel aground or ashore for the purpose of theft or dishonest misappropriation of property contained in it, or to facilitate such conduct.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar. The official BNS and BNSS materials prevail in case of any discrepancy in a secondary source.
Frequently Asked Questions
What does Section 328 BNS punish?
It punishes intentionally running a vessel aground or ashore with intent to commit theft or dishonest misappropriation of property contained in the vessel, or with intent that such theft or misappropriation may be committed.
What is the punishment under Section 328 BNS?
The punishment is imprisonment of either description up to ten years and fine.
Is Section 328 BNS cognizable?
Yes. It is cognizable.
Is Section 328 BNS bailable?
No. It is non-bailable.
Which court tries Section 328 BNS?
The offence is triable by the Court of Session.
Must theft actually be completed for Section 328 to apply?
The wording of Section 328 focuses on intentionally running the vessel aground or ashore with the specified intent. The provision does not state that the contemplated theft or misappropriation must be completed before liability can arise.
This page provides general legal information. Application of Section 328 depends on the facts, evidence and law applicable to the individual case.