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

Indian Penal Code, 1860

Section 439 IPC at a Glance

Section 439 IPC 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; from 1 July 2024 it is replaced by Section 328 BNS.

Punishment

Imprisonment of either description for a term which may extend to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

BNS Equivalent

Section 328 →

Section 439 IPC Bare Act Text

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.

Source: Section 439, Indian Penal Code, 1860

Section 439 IPC in Simple Words

Section 439 of the Indian Penal Code (IPC) punishes 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. The prescribed punishment is imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

Under the First Schedule to the Code of Criminal Procedure, 1973, the offence is cognizable, non-bailable, and triable by the Court of Session. The offence is not compoundable under Section 320 CrPC.

Ingredients of Section 439 IPC

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

Punishment Under Section 439 IPC

Imprisonment

Imprisonment of either description for a term which may extend to ten years.

Fine

The offender is also liable to fine. The statute does not prescribe a mandatory fine or fix a maximum amount.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

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 439 IPC

In September 2016, near Haldia in West Bengal, Subhash was piloting a river launch transporting sealed sacks of cardamom and coils of copper wire along the Hooghly River. At night, Subhash intentionally steered the vessel onto a remote sandy shore so that he could unload and steal the sacks of cardamom and copper wire contained inside the launch before reporting a fake navigation accident. Because Subhash intentionally ran the vessel ashore intending to commit theft of the property contained therein, Subhash is punishable under Section 439 IPC.

When Section 439 IPC Does Not Apply

Section 439 IPC does not apply when a vessel runs aground or ashore unintentionally due to storms, currents, engine failure, or a piloting mistake.
Section 439 IPC does not apply if a captain deliberately beaches a leaking vessel solely to save the crew or prevent the craft from sinking.
Section 439 IPC does not apply where a person intentionally runs a vessel ashore out of anger or to delay a voyage, without any intent that theft or dishonest misappropriation of property aboard be committed.

Section 439 IPC in the BNS

Section 439 IPC is now covered under Section 328 BNS.

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 detailed comparison (IPC 439 vs BNS 328) →

FAQs on Section 439 IPC

What does Section 439 IPC punish?▼

Section 439 IPC punishes intentionally running any vessel aground or ashore with intent to commit theft or dishonest misappropriation of property contained therein, or that such theft or misappropriation may be committed.

What is the punishment prescribed under Section 439 IPC?▼

The section prescribes imprisonment of either description for a term extending up to ten years, and liability to fine.

Is Section 439 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 439 IPC is cognizable and non-bailable, triable by the Court of Session.

Can an offence under Section 439 IPC be compounded?▼

No. Section 439 IPC is not mentioned in Section 320 CrPC, so it cannot be compounded.

Must property actually be stolen for Section 439 IPC to apply?▼

No. The offence is complete when the vessel is intentionally run aground or ashore with the requisite dishonest intent, irrespective of whether the theft or misappropriation is accomplished.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·