IPC 439 Is Now BNS 328: Running Vessel Aground for Theft

What Changed From IPC 439 to BNS 328?

Section 439 IPC corresponds to Section 328 BNS. Section 328 BNS reproduces Section 439 IPC without substantive change, punishing anyone who intentionally runs any vessel aground or ashore intending to commit theft of property contained therein, to dishonestly misappropriate any such property, or with intent that such theft or misappropriation may be committed. The punishment of imprisonment of either description for up to ten years and liability to fine remains unchanged.

IPC 439 vs BNS 328: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	439	328
Offence	Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.	Same
Punishment	Imprisonment of either description for a term which may extend to ten years.	Same
Fine	The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.	Same
Bail	Non-Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Court of Session	Same

IPC 439 and BNS 328: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 439, IPC 1860

439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.—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.

BNS 2023 (in force)

Section 328, BNS 2023

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.

Ingredients: IPC 439 vs BNS 328

Under IPC 439

The accused intentionally ran a vessel aground or ashore
The accused acted 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

Under BNS 328

Intentionally running 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
Punishment under Section 328 BNS of imprisonment of either description for up to ten years, and liability to fine

What IPC 439 to BNS 328 Means for Pending Cases

For Section 439 IPC (now Section 328 BNS): under Section 328 BNS, the offence and punishment are identical to Section 439 IPC. A charge for an act done after the BNS came into force cites Section 328 BNS.

FAQs: IPC 439 to BNS 328

What changed from Section 439 IPC to Section 328 BNS?▼

Nothing of substance. Section 328 BNS reproduces the text and sentencing structure of Section 439 IPC, retaining imprisonment up to ten years with liability to fine.

Where does Section 439 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 439 IPC is located at Section 328 BNS, in Chapter XVII, Of Offences Against Property, under the heading Of mischief.

Does Section 439 IPC or Section 328 BNS apply to an act done before 1 July 2024?▼

Section 439 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 439 IPC. Section 328 BNS governs acts done on or after 1 July 2024.

IPC 439 to BNS 328: Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

IPC 439 to BNS 328 at a Glance