Bharatiya Nyaya Sanhita (BNS) Section 328 deals with a specific and serious maritime offence. It punishes anyone who intentionally causes a vessel to run aground or ashore, with the intent to commit theft or similar offences. This provision aims to protect property and human life from deliberate acts that misuse navigation for criminal gain. This section is a modern adaptation of maritime laws under the Indian Penal Code (IPC), updated for clarity and stricter enforcement under the BNS 2023.
What BNS Section 328 Says
“Whoever intentionally runs any vessel aground or ashore, with intent to commit theft of any property contained therein or to dishonestly misappropriate 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.”
Breaking Down the Provision
Let’s make it simple: If a person deliberately grounds a ship (makes it hit the shore or sea bottom), and they do it with the intention to steal property or help others steal, then they can be punished with up to 10 years imprisonment and a fine.
Why This Law Matters
India has a long coastline and busy ports. Ships carry valuable goods like oil, electronics, vehicles, and more. Criminals may try to take advantage of this by intentionally damaging or grounding a ship to loot the cargo. This not only leads to economic loss, but also puts lives in danger. Section 328 of the BNS 2023 addresses this danger by giving courts the power to punish such pre-planned acts strictly.
Case Law Highlights of BNS Section 328
Case: State of Gujarat v. Salim Bux (Hypothetical Example for Understanding)
In this case, a fishing trawler was intentionally run aground near the coast of Porbandar. Investigations revealed that the crew was bribed by local smugglers to stage the mishap. The real plan was to steal electronics from the vessel’s cargo. The court found clear evidence of conspiracy between the crew and smugglers. The accused were booked under Section 328 BNS along with charges of criminal conspiracy and theft. The court held that running a ship aground intentionally with dishonest motive was a serious maritime threat and sentenced the accused to 7 years imprisonment.
Case: Union of India v. Marine Star Shipping Co. Ltd. (Illustrative)
Here, the company’s crew claimed a ship accidentally ran aground due to technical error. But the salvage team and investigators found that the navigation system was deliberately disabled. Further inspection showed that the company was illegally claiming insurance while also attempting to misappropriate valuable machinery on board. The court ruled that this was a calculated act, and the crew was held guilty under BNS Section 328 and also for fraud. They were fined heavily and sentenced to 6 years in prison.
Key Ingredients of Offence under BNS Section 328
To establish a case under Section 328, the prosecution must prove:
- Intentional act of running the vessel aground or ashore
- Dishonest intention to commit theft or misappropriate property
- The act was not an accident or due to natural causes
Mere negligence or technical failure is not punishable under this section unless criminal intent is proven.
Similar Laws and Comparison
This provision is similar to Section 439 of the IPC, which dealt with mischief by wrecking a ship. However, BNS 328 is more focused. It connects the act of grounding a ship directly with criminal theft-related intentions. Compared to the old law, BNS Section 328 is clearer, stronger, and better suited for present-day maritime crimes.
Punishment Under BNS Section 328
- Imprisonment: Up to 10 years
- Fine: As decided by the court
- Type of Offence: Cognizable and Non-bailable
- Triable by: Magistrate of the First Class
This makes it a serious offence with a strong deterrent effect.
BNS Section 328: Real-Life Relevance
Modern shipping involves millions worth of cargo. With the increase in piracy, insurance fraud, and maritime theft, this law becomes highly relevant. For example:
Smugglers may bribe crews to ground vessels
Insurance frauds may fake accidents to claim money
Organized gangs may use small ships to stage thefts in coastal waters
Section 328 allows prosecution of these deliberate acts, safeguarding maritime security.
Important Points to Remember
- Accident ≠ Crime under Section 328
- Intention to steal or help in stealing must be proven
- Both individuals and companies can be booked
- Can apply to cargo ships, boats, trawlers, and other vessels
Conclusion
BNS Section 328 plays a crucial role in protecting India’s maritime routes and shipping industry. It ensures that no one can use vessel accidents as a cover for planned theft or misappropriation. This law is part of India’s growing commitment to modernizing criminal justice and ensuring the safety of national and international cargo movement.
Disclaimer
This article is for informational purposes only. It does not constitute legal advice. For any legal help or interpretation regarding BNS Section 328, please consult a qualified legal professional or advocate.
