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BNS Section 284: Conveying Person By Water For Hire In Unsafe Or Overloaded Vessel
Section 284 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 284 specifically deals with hiring persons in unsafe coworking conditions. Let us take a closer look at its provisions.
Definition of BNS Section 284
Section 284 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that 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 five thousand rupees, or with both.”
Explanation and Illustration of Section 284
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of endangering the life of workers on a ship. Let us break down the section to get a better understanding of it.
Offence
The main offence outlined in this section is endangering the life of workers on a ship by not providing a safe work environment. Unlike other sections, where the intent is key in deciding whether an action is an offence or not, for this offence, negligence is not an excuse. The qualifying elements of this offence are:
If the above conditions are met, then the action shall be considered an offence under the provisions of Section 284.
Punishment
Any person who deliberately or negligently hires persons to be conveyed on a ship that is dangerously overloaded and can cause harm to the lives of persons who have been hired to be conveyed on the ship shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
The above actions may not be an offence under this section if:
Illustration
X runs a shipping travel company. In order to fulfil a particularly large order, X hires more people for the journey without adequate lifeboats and life jackets on board. X is an offender under the provisions of Section 284.
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 284
This section deals with:
Transporting persons in unsafe or overloaded vessel
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 284 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 284 of BNS replaces Section 282 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 |
|---|---|---|---|
| 284 | Conveying person by water for hire in unsafe or overloaded vessel. | 282 | The upper limit of the fine is increased from one thousand to five 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 284 of the Bharatiya Nyaya Sanhita (BNS)
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