Bharatiya Nyaya Sanhita, 2023
Section 282 BNS: Rash Navigation of Vessel
Section 282 of the Bharatiya Nyaya Sanhita, 2023 deals with rash or negligent navigation of a vessel where the manner of navigation endangers human life or is likely to cause hurt or injury to another person. This page sets out the statutory provision, punishment, essential ingredients and procedural classification of the offence.
Section 282 BNS - Statutory Provision
282. Rash navigation of vessel.
Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other 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 ten thousand rupees, or with both.
The statutory text above is reproduced for legal reference. For authoritative use, consult the official text of the Bharatiya Nyaya Sanhita, 2023.
Meaning and Scope of Section 282
The provision addresses the manner in which a vessel is navigated. Liability under Section 282 is linked to navigation that is sufficiently rash or negligent to endanger human life, or is likely to cause hurt or injury to another person.
The expressions rash and negligent describe two related forms of unsafe conduct. In a criminal-law context, rashness generally concerns acting despite an obvious risk, while negligence concerns a serious failure to exercise the care reasonably expected in the circumstances. Whether the statutory threshold is met depends on the facts and evidence of each case.
Essential Ingredients of an Offence under Section 282 BNS
On the wording of Section 282, the principal elements are:
- The accused must have navigated a vessel.
- The navigation must have been rash or negligent.
- The rash or negligent manner must endanger human life, or be likely to cause hurt or injury to another person.
- The prosecution must prove the facts constituting the offence in accordance with applicable criminal procedure and evidence law.
Punishment, Bail and Court Jurisdiction
The punishment prescribed by Section 282 is imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 10,000, or both.
| BNS Section | Section 282 |
|---|---|
| Offence | Rash navigation of vessel |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 10,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The procedural classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The Schedule also explains that, for its purposes, "cognizable" indicates that a police officer may arrest without warrant.
Legal Reference
The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, 1860 for offences governed by the new law from its commencement, subject to applicable repeal and saving provisions. Section 282 BNS corresponds in subject matter to the earlier offence of rash navigation of vessel under Section 280 of the Indian Penal Code, 1860.
For any actual case, the applicable law can depend on the date of the alleged act and the relevant saving provisions. The statutory text and procedural law should therefore be checked for the particular facts.