Updated on March 12, 2025 10:13:56 AM
Clause 328 of BNS defines the Intentionally ship grounding that was recently replaced by section 439 of Indian penal code. In this clause, punishment and bail procedures are outlined for those found guilty of deliberately running a vessel aground with the intent to commit theft or dishonestly misappropriated property. Grounding a ship on purpose is a serious act that carries heavy consequences. For everyone involved in marine activities or facing charges related to ship grounding accidents, it is essential that they understand the legal implications and processes delineated in this section. Let's examine Clause 328's specifics and ramifications in more detail.
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Here, is an overview of Clause 328 of BNS given below:
| Offence | Intentionally Ship Grounding |
|---|---|
| Clause under BNS | Clause 328 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for 10 years or Fine or Both |
| Triable | Any Magistrate |
Clause 328 of BNS clearly defines that - “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.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Grounding a ship intentionally with unlawful intent is a serious infraction that is covered by BNS Clause 328. Considering the possible damage to people's lives and property, such acts may result in harsh penalties. But bail procedures can also be followed according to the legal system, guaranteeing equitable treatment over the course of the inquiry or trial. To preserve integrity and safety in the shipping sector, maritime authorities must strictly execute these laws.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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