Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
Section 439 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 439, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 328 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 The repealed enactment still governs what happened while it was in force.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.
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.
-
Yogenra Singh vs The State of Jharkhand
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 439
What have the courts held on Section 439 of the Indian Penal Code?
Yogenra Singh vs The State of Jharkhand (19 Jul 2017) is the leading judgment on this section among those set out below: Bail application procedure and judicial discretion in granting or refusing bail in criminal matters.
How do I find court cases under Section 439 of the Indian Penal Code?
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: IPC 439, section 439 IPC, section 439 of the Indian Penal Code. People searching for it also type ipc 439 in bns and ipc 439 2. 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 439 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 328 (Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 439 of the Indian Penal Code come into force?
Section 439 of the Indian Penal Code, cited as IPC 439, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.