Code
(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any
vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or
knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or
vessel, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such
mischief as is described in sub-section (1), shall be punished with imprisonment for life or
with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
Explanation of Section 327 BNS
Section 327 of the Bharatiya Nyaya Sanhita (BNS) addresses severe forms of mischief that involve the safety of transport systems and vessels. This section is crucial as it covers crimes that could endanger human lives, critical infrastructure, and property.
- Scope of Offense:
It applies to rails, aircraft, decked vessels, and large vessels (20 tons or more). - Intent and Knowledge:
The offender must intend to cause harm or must knowingly create a risk of harm to these transportation entities. - Severe Punishment for Using Fire/Explosives:
If fire or explosives are involved, the punishment is life imprisonment or up to 10 years, plus a fine.
Illustration
Example 1: Tampering with a Train Track
An individual deliberately damages a railway track, intending to cause a train derailment. Under Section 327(1), the offender could face up to 10 years in prison and a fine.
Example 2: Arson on an Aircraft
If someone sets fire to an aircraft intending to cause destruction or endanger lives, this falls under Section 327(2), carrying a punishment of life imprisonment or up to 10 years with a fine.
Example 3: Damaging a Cargo Ship
A person intentionally causes structural damage to a cargo vessel weighing over 20 tons, creating a risk of sinking. This act is punishable under Section 327(1) with imprisonment and a fine.
Common Questions and Answers on Section 327 BNS
1. What types of transportation does Section 327 cover?
Answer: It covers rails, aircraft, decked vessels, and vessels with a burden of 20 tons or more.
2. What is the punishment for damaging a rail or aircraft?
Answer: Imprisonment up to 10 years, along with a fine.
3. Does the use of fire or explosives lead to harsher punishment?
Answer: Yes, it can lead to life imprisonment or up to 10 years, in addition to a fine.
4. What is the role of intent in this offense?
Answer: The offense requires either the intent to cause harm or knowledge that the act is likely to cause harm.
Conclusion
Section 327 BNS is a critical provision to maintain the safety of public transport and maritime operations. It imposes strict penalties for mischief that could endanger lives and infrastructure. The law emphasizes the severity of the offense, especially when involving fire or explosives, reflecting the potential risks involved.
