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BNS Section 282: Rash Navigation Of Vessel
Section 282 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 282 specifically deals with rash navigation of vessels. Let us take a closer look at its provisions.
Definition of BNS Section 282
Section 282 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.”
Explanation and Illustration of Section 282
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of dangerously navigating vessel. Let us break down the section to get a better understanding of it.
Offence
This section provides for offences related to navigation of vessels. Let us break down the key words.
Navigation - The act of controlling the movement or direction of a vessel.
Vessel: As per Section 2(32) of the BNS, the word “vessel” denotes anything made for the conveyance by water of human beings or of property.
The act of navigating a vessel shall be considered an offence under the provisions of Section 282 if:
Punishment
A person who navigates a vessel in a manner that endangers or threatens to cause injury to any person other than the one navigating it shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
X, a shipmaster on a merchant navy ship, decides to take the ship out to sea despite warning of a storm. The ship later gets washed ashore due to the storm, causing severe damage to public property on the beach as well as endangering lives of a fisherman community living nearby. X shall be prosecuted under the provisions of Section 282.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 282
This section deals with:
Rash navigation of vessel
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 282 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 282 of BNS replaces Section 280 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 282 | Rash navigation of vessel. | 280 | The upper limit of the fine has been increased from one thousand to ten thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 282 of the Bharatiya Nyaya Sanhita (BNS)
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