Section 284 – Bharatiya Nyaya Sanhita (BNS) – Conveying Person By Water For Hire In Unsafe Or Overloaded Vessel.

Code: Section 284 BNS

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.

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Explanation of Section 284 BNS

Section 284 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the grave issue of unsafe or overloaded vessels used for transporting people. This law aims to protect passengers from the risks associated with poorly maintained or overloaded boats, ferries, or ships, which can lead to tragic accidents.

Key Features:

• Offense: Conveying persons for hire in vessels that are unsafe or overloaded.
• Intent: The act must be done knowingly or negligently.
• Punishment:
  • Imprisonment: Up to 6 months, or
  • Fine: Up to ₹5,000, or
  • Both

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Illustration of Section 284 BNS

1. Overloaded Ferry:
   Ravi operates a ferry with a capacity of 50 passengers but regularly carries 100 people during peak hours, ignoring safety protocols.
2. Unsafe Vessel:
   Meera hires a boat with rusted hulls and broken safety equipment to transport tourists, leading to a tragic accident during a storm.
3. Negligent Boat Owner:
   Arjun, aware that his small fishing boat has a faulty engine and weak structure, still uses it to transport passengers for a fee.

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Common Questions About Section 284 BNS

1. What makes a vessel “unsafe” under this section?

• Answer: A vessel with structural defects, faulty equipment, overloading, or lack of proper safety measures.

2. What is the punishment for violating this law?

• Answer: Up to 6 months of imprisonment, a fine of up to ₹5,000, or both.

3. Does this law apply to both commercial and private vessels?

• Answer: Yes, it applies to any vessel used to transport people for hire, regardless of its size or type.

4. Can an individual be punished if the vessel is not overloaded but lacks safety measures?

• Answer: Yes, if the vessel is unsafe, even without overloading, the person responsible can be punished.

5. What should I do if I see an unsafe vessel carrying passengers?

• Answer: Report it to local maritime authorities or the police to prevent potential accidents.

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Conclusion

Section 284 of the Bharatiya Nyaya Sanhita (BNS), 2023 is critical for ensuring maritime safety. By imposing penalties for negligent or unsafe practices in passenger transport, the law helps prevent accidents and protect lives.

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