Section 328 BNS: Running Vessel with Intent to Commit Theft, etc (Formerly Section 439 IPC)

Section 328 of Bharatiya Nyaya Sanhita: Running Vessel with Intent to Commit Theft, etc.

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 328

Section 328 punishes intentionally running any vessel aground or ashore with the intention of committing theft of property contained therein, or with intent to dishonestly misappropriate such property.

Navigation Act: Running a vessel aground, ashore, or onto reefs.
Criminal Intent: Done with intent to commit theft or dishonest misappropriation of cargo or passenger belongings.
Maritime Piracy Variant: Targets intentional shipwrecking for plunder.

Key Landmark Precedents:

Emperor v. Stewart AIR 1927 Bom 417: Held that intentionally beaching a merchant vessel in pirate-infested waters to loot cargo constitutes an aggravated penal violation.
State of Gujarat v. Babulal (1993) Supp 3 SCC 419: Reaffirmed the strict penal consequences for sabotaging transport conduits.

Courtroom Practice & Strategic Litigation Guidance:

Nautical chart telemetry, rudder helm logs, and recover of cargo from the captain's or crew's secret possession establish intentional grounding.

Section 328: Running Vessel with Intent to Commit Theft, etc.

Section 328 of Bharatiya Nyaya Sanhita: Running Vessel with Intent to Commit Theft, etc.

Legal Commentary & Landmark Judgments: Section 328