Section 328 BNS: Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
Bharatiya Nyaya Sanhita, 2023
Section 328 BNS at a Glance
Section 328 BNS deals with punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 439 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to ten years.
Section 328 BNS Bare Act Text
328. 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.
Source: Section 328, Bharatiya Nyaya Sanhita, 2023
Section 328 BNS in Simple Words
Section 328 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a very specific act at sea or on inland waters. It applies when a person intentionally runs a vessel aground or ashore with the aim of committing theft of any property contained in it, or of dishonestly misappropriating such property, or with intent that such theft or misappropriation may be committed. The law is aimed at dishonest conduct involving ships, boats, and their load, where the act of grounding is used as a method to facilitate crime. This section can apply to anyone who deliberately causes such grounding with the required criminal intent.
The prosecution must show that the act was not accidental, but done on purpose and linked to theft or dishonest misappropriation of property contained in the vessel. In practical terms, this section protects maritime property, cargo, and transport safety. It is relevant in cases involving coastal transport, river transport, and other vessel-related offences where the vessel is misused to enable theft or dishonest misappropriation.
Ingredients of Section 328 BNS
- 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
Punishment Under Section 328 BNS
Imprisonment of either description for a term which may extend to ten years.
The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.
Intentionally running a vessel aground or ashore with intent to commit theft or dishonest misappropriation of cargo carries imprisonment of either description up to ten years, and liability to fine.
Example of Section 328 BNS
When Section 328 BNS Does Not Apply
- The vessel ran aground or ashore through navigational error, rough weather, current, or mechanical failure without intentional conduct
- The vessel was intentionally brought ashore for lawful salvage, repair, or safety without intent to commit theft or dishonest misappropriation of property contained therein
- The accused neither intended to commit theft or dishonest misappropriation, nor intended that such theft or misappropriation be committed
Section 328 BNS in the IPC (Previous Law)
Section 328 BNS replaces Section 439 IPC from the old criminal code.
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.
View IPC Section 439 →FAQs on Section 328 BNS
What does Section 328 BNS punish?▼
It punishes the deliberate act of running a vessel aground or ashore with a dishonest purpose. The purpose must be to commit theft of any property contained in the vessel, or to dishonestly misappropriate such property, or that such theft or misappropriation may be committed. An accidental grounding does not fall within this section.
Does Section 328 BNS apply only to ships?▼
No. It applies to vessels, which can include boats and similar watercraft used for transport. The key point is the intentional grounding with criminal intent, not the size of the vessel.
Under Section 328 BNS, what if the vessel ran aground by mistake?▼
A mistake, negligence, or poor navigation by itself is not enough for this section. The prosecution must prove that the person intentionally grounded the vessel for a wrongful purpose. Without that intent, Section 328 BNS will usually not apply.
What is the punishment under Section 328 BNS?▼
The punishment is imprisonment of either description for up to 10 years, and liability to fine. Courts treat it as a serious offence because it involves planned misuse of a vessel to facilitate theft or dishonest misappropriation.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·