Introduction of 328 BNS
328 BNS addresses the intentional act of running a vessel aground or ashore with the aim of committing theft or dishonestly misappropriating property contained within the vessel. This section seeks to safeguard maritime property and operations by penalizing such acts. It underscores the importance of maintaining security in maritime environments and preventing deliberate misuse of vessels for illegal purposes.
The Bharatiya Nyaya Sanhita (BNS) Section 328 replaces the old Indian Penal Code (IPC) Section 439.
- Introduction of 328 BNS
- What is BNS Section 328 ?
- BNS 328 in Simple Points
- Section 328 BNS Overview
- 328 BNS Punishment
- 328 BNS bailable or not ?
- Bharatiya Nyaya Sanhita Section 328
- BNS Section 328 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 328 ?
BNS Section 328 deals with offenses related to intentionally running a vessel aground or ashore to commit theft or dishonestly misappropriate the property contained within the vessel. The section is specifically designed to safeguard maritime operations and protect vessels and their cargo from deliberate acts of theft or misuse. It reflects the importance of ensuring the safety of maritime trade and property.

BNS 328 in Simple Points
1. Intentional Misuse of Vessels
BNS Section 328 specifically targets individuals who intentionally run vessels aground or ashore. The focus is on deliberate acts aimed at facilitating theft or dishonest misappropriation of property. By addressing intent, the law ensures that accidental grounding or mishandling of vessels is excluded, providing a clear boundary for liability under this section.
2. Protection of Maritime Property
The section serves as a safeguard against crimes targeting vessels and their cargo. It emphasizes the protection of property critical to maritime operations, such as cargo, machinery, or navigational equipment. By penalizing such acts, BNS 328 reinforces the security of maritime trade, ensuring uninterrupted operations and minimizing losses due to theft or intentional damage.
3. Strict Punishment to Deter Offenses
Punishment under BNS 328 includes imprisonment of up to 10 years and a fine. This severe penalty reflects the significant impact such crimes can have on maritime safety and commerce. By imposing strict consequences, the section deters individuals from exploiting maritime vessels for illegal activities, promoting responsible use of resources.
4. Non-Bailable and Cognizable Offense
The offenses under BNS 328 are classified as non-bailable, ensuring that bail is granted only under judicial discretion. Additionally, the offense is cognizable, allowing law enforcement authorities to act immediately without prior approval from a magistrate. This classification highlights the seriousness of the crime and prioritizes swift legal action to prevent further damage or theft.
5. Tried Exclusively by Court of Session
Given the seriousness and complexity of maritime crimes, cases under BNS Section 328 are tried exclusively by the Court of Session. This ensures that qualified judicial authorities handle such cases with due diligence. The involvement of higher courts underscores the gravity of these offenses and the need for detailed legal scrutiny.
Section 328 BNS Overview
BNS Section 328 states that any person who intentionally runs a vessel aground or ashore, with the intent to steal or dishonestly misappropriate property within it, or to facilitate such theft or misappropriation, shall be punished with imprisonment of up to 10 years and liable to a fine. This section ensures accountability for actions that threaten maritime property and safety.
BNS Section 328: Explanation in Key Points
1. Definition of BNS Section 328
BNS Section 328 addresses the intentional act of running a vessel aground or ashore with the intent to commit theft or dishonestly misappropriate property contained in the vessel. This provision ensures accountability for crimes involving maritime theft or intentional damage to vessels, recognizing the financial and operational implications of such offenses.
2. Intent Behind the Act
The section specifically targets acts where intent is proven. The perpetrator must be shown to have knowingly run the vessel aground or ashore to facilitate theft or misappropriation. The focus on intent ensures that only deliberate actions, not accidents or unforeseen circumstances, are punishable under this section.
3. Classification of the Offense
Offenses under BNS Section 328 are classified as cognizable, allowing police to arrest the accused without prior approval from a magistrate. This classification ensures immediate action to protect property and prevent further damage or theft. The offenses are also non-compoundable, indicating they cannot be resolved outside the court system.
4. Punishment Prescribed
The punishment for committing an offense under this section includes imprisonment of up to 10 years and a fine. This stringent penalty reflects the seriousness of maritime crimes, which can disrupt trade, property, and safety on a large scale.
5. Trial by Court of Session
Crimes under this section are triable exclusively by the Court of Session, given their seriousness and the potential complexities involved in maritime theft cases. The court examines the intent, evidence, and damage caused before determining the sentence.
6. Role of Maritime Security
This section emphasizes the importance of securing maritime activities against theft or intentional harm. By penalizing such actions, it contributes to the broader goal of safeguarding vessels, cargo, and maritime operations critical to commerce and navigation.
7. Non-Bailable Nature
Offenses under BNS Section 328 are non-bailable, meaning that bail is granted only at the court’s discretion. This ensures that accused individuals face strict scrutiny before being released, given the serious nature of the crime.
8. Applicability Beyond Theft
While primarily focusing on theft, the section also applies to situations involving dishonesty or misappropriation of property. It addresses a wide range of actions that could harm vessel operations, ensuring comprehensive legal coverage.
9. Protection Against Maritime Abuse
BNS Section 328 acts as a deterrent against those who misuse maritime operations for personal gain. The legal provisions ensure that intentional acts to harm vessels or steal cargo are met with strict consequences, protecting the integrity of maritime activities.
10. Complementary to Other Maritime Laws
This section works alongside other provisions in the Bharatiya Nyaya Sanhita to address maritime security comprehensively. It provides a legal framework to prevent and penalize maritime offenses, contributing to safe and efficient navigation and trade.
Examples of Section 328 BNS
Example 1: Stealing Goods from a Cargo Ship
- Scenario: Ravi, an individual, plans to steal cartons of electronics from a cargo ship docked at Mumbai port. He intentionally drives the ship ashore in a secluded area to access the goods without being noticed.
- Outcome: Ravi would be charged under BNS Section 328 and could face up to 10 years of imprisonment and a fine.
Example 2: Misappropriating Machinery from a Vessel
- Scenario: Ramesh, working at a shipyard, colludes with others to steal construction machinery stored in a large vessel. He deliberately steers the vessel ashore to avoid security checks and unloads the machinery secretly.
- Outcome: Under BNS Section 328, Ramesh would face severe penalties, including up to 10 years in jail and a monetary fine.
328 BNS Punishment
BNS 328 Imprisonment
Punishment includes imprisonment of up to 10 years for intentionally running a vessel aground or ashore with criminal intent.
BNS 328 Fine
A monetary fine is imposed alongside imprisonment as part of the penalty.

328 BNS bailable or not ?
BNS Section 328 are classified as non-bailable. This means bail is not granted as a matter of right but is subject to judicial discretion, considering the seriousness of the offense and its implications for maritime security.
Bharatiya Nyaya Sanhita Section 328
BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
---|---|---|---|---|---|
328 | Running a vessel aground or ashore to commit theft or dishonest misappropriation | Up to 10 years imprisonment and fine | Non-bailable | Cognizable | Court of Session |
BNS Section 328 FAQs
1. What does BNS Section 328 cover?
BNS Section 328 covers intentional acts of running vessels aground or ashore with the intent to steal or dishonestly misappropriate property on board.
2. What is the punishment under BNS Section 328?
The punishment includes imprisonment of up to 10 years and a fine. This reflects the gravity of maritime theft and property misappropriation crimes.
3. Are offenses under BNS Section 328 bailable?
No, offenses under BNS Section 328 are non-bailable, ensuring strict legal oversight before granting bail.
4. How are offenses under BNS Section 328 classified?
They are classified as cognizable and non-compoundable, allowing immediate police action and mandating court adjudication.
5. Who tries cases under BNS Section 328?
Cases are triable by the Court of Session, emphasizing the severity of such offenses.
6. How does BNS Section 328 protect maritime operations?
It acts as a deterrent against theft and misuse of maritime vessels, ensuring the protection of property and safe navigation for vessels involved in trade and commerce.
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