Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
Section 328 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 desc The Act came into force on 01 Jul 2024.
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.
Section 328, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 439 Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Running vessel with intent to commit theft, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Yogenra Singh vs The State of Jharkhand
Decided under Indian Penal Code 439, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving serious criminal allegations such as attempted rape and criminal assault, where direct allegations exist against the accused as noticed by the trial court, bail may be refused at the pre-charge stage, though the accused retains the right to renew the bail application after formal charge framing when the case circumstances may be reassessed.
On this section: Bail application procedure and judicial discretion in granting or refusing bail in criminal matters
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 328
What have the courts held on Section 328 of the Bharatiya Nyaya Sanhita?
Yogenra Singh vs The State of Jharkhand (19 Jul 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 439, which this section replaced -- the court never mentioned this Act: Bail application procedure and judicial discretion in granting or refusing bail in criminal matters.
Is Section 328 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 328 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 328 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 328, section 328 BNS, section 328 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 328 4 in hindi and bns 328 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Yogenra Singh vs The State of Jharkhand (19 Jul 2017).
What should I read with Section 328 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 439 (Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc), so the judgments decided under that provision are the case law on this one.
When did Section 328 of the Bharatiya Nyaya Sanhita come into force?
Section 328 of the Bharatiya Nyaya Sanhita, cited as BNS 328, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.