Bharatiya Nyaya Sanhita, 2023
Section 284 BNS: Conveying Person by Water for Hire in Unsafe or Overloaded Vessel
Section 284 of the Bharatiya Nyaya Sanhita, 2023 deals with knowingly or negligently conveying, or causing a person to be conveyed for hire by water, in a vessel that is unsafe or so overloaded as to endanger that person's life. This page explains the statutory provision, punishment, essential ingredients and procedural classification of the offence.
Section 284 BNS - Statutory Provision
284. Conveying person by water for hire in unsafe or overloaded vessel.
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.
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 284
The provision applies where a person is conveyed, or caused to be conveyed, for hire by water and the vessel is in a condition, or is loaded in a manner, that endangers the life of that passenger.
The section covers conduct that is either knowing or negligent. Therefore, criminal liability may arise where the person responsible knows of the unsafe condition or overloading, or where the danger results from a legally relevant failure to exercise reasonable care.
Essential Ingredients of an Offence under Section 284 BNS
On the wording of Section 284, the prosecution would ordinarily need to establish the following elements:
- A person was conveyed, or caused to be conveyed, by water.
- The conveyance was for hire.
- The conveyance took place in a vessel.
- The vessel was in an unsafe state or was so loaded as to endanger the life of the person being conveyed.
- The accused acted knowingly or negligently in relation to the prohibited conduct.
Punishment, Bail and Court Jurisdiction
Section 284 provides imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 5,000, or both.
| BNS Section | Section 284 |
|---|---|
| Offence | Conveying person by water for hire in unsafe or overloaded vessel |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 5,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The procedural classification is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. In that Schedule, "cognizable" signifies that a police officer may arrest without warrant.
Legal Reference
Section 284 BNS substantially carries forward the subject matter previously dealt with under Section 282 of the Indian Penal Code, 1860, while the maximum fine under the BNS provision is Rs. 5,000.
For an actual case, the applicable substantive and procedural law should be checked with reference to the date of the alleged act, the repeal and saving provisions, and the facts of the matter.