Whoever exhibits any false light, mark, or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees.
Simplified Explanation
Section 283 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the exhibition of false lights, marks, or buoys, which can mislead navigators. This section criminalizes the act of deliberately displaying misleading signals in waterways or other navigable areas. Here’s a detailed breakdown of the section:
1. Exhibition of False Light, Mark, or Buoy
- Light: This refers to the use of false lighting, such as a misleading beacon or signal light that could confuse or deceive navigators (e.g., ship or boat operators). These lights are often used for guidance, indicating safe passages or hazard zones.
- Mark: A mark refers to any visible sign or symbol placed in the waterway or on navigable routes. These could include things like buoys, floating signs, or physical markers indicating important information, such as water depth or hazard areas. A false mark could mislead navigators about the conditions of the water or the direction they should take.
- Buoy: A buoy is a floating device used for navigation, signaling specific areas like channels, hazards, or docking spots. A false buoy could indicate the wrong location or cause confusion regarding safe routes or hazards.
2. Intent or Knowledge of Misleading Effect
- The offense involves intending or knowing that the exhibition of the false light, mark, or buoy will likely mislead navigators. This means that:
- Intentional Misleading: The person may intentionally place a false signal to mislead navigators for malicious purposes (e.g., causing accidents, leading them into danger, or hindering their progress).
- Reckless Disregard: Even if the person does not directly intend to harm, they could be aware or have reason to believe that their actions would mislead those navigating in the area.
3. Potential Consequences of Misleading Navigators
- The purpose of these signals (lights, marks, or buoys) is to guide vessels and ensure safe navigation. Misleading signals can result in:
- Collisions: Vessels may crash if they follow the wrong signals or misinterpret a false light, leading to accidents and potential loss of life.
- Damage to Vessels: Vessels may be steered into dangerous areas (e.g., reefs, rocks, shallow waters) because of false signals, causing damage to the vessel.
- Disruption of Navigation: False signals can mislead navigators about proper routes, impeding smooth and safe navigation.
4. Punishable Acts
If an individual is found guilty of exhibiting a false light, mark, or buoy with the intent or knowledge of misleading a navigator, they may face the following penalties:
- Imprisonment: The person can be sentenced to imprisonment for a term up to seven years. This long imprisonment term reflects the seriousness of the offense, as it can endanger lives and cause significant harm.
- Fine: The individual may also face a fine of at least ten thousand rupees, which is a mandatory minimum fine. The fine could be higher depending on the specifics of the case.
- Both: The court can impose both imprisonment and a fine, depending on the severity of the offense and its consequences.
5. Purpose of the Section
- Safety in Navigation: The primary goal of Section 283 is to maintain safety on waterways by ensuring that navigators can rely on clear and accurate signals. Misleading signals can lead to catastrophic accidents, and the law seeks to prevent such situations.
- Deterrence: The severe punishment of up to seven years in prison serves as a strong deterrent to those who might intentionally mislead navigators for personal gain, malice, or recklessness.
6. Examples of False Lights, Marks, or Buoys
- Example 1: A person places a false light on the coast that resembles a legitimate lighthouse, leading ships to crash into dangerous reefs or rocks.
- Example 2: A group places a false buoy in the middle of a shipping channel, directing vessels into shallow waters where they can become grounded, causing delays or damage to the ships.
- Example 3: An individual sets up a false mark that indicates a safe docking area, but in reality, it leads ships into a zone with underwater hazards, creating a risk of collision or damage to the vessels.
7. Conclusion
Section 283 of the Bhartiya Nyaya Sanhita, 2023 criminalizes the exhibition of false lights, marks, or buoys that are likely to mislead navigators. This offense can result in imprisonment for up to seven years and a fine of at least ten thousand rupees. The section is designed to ensure safe navigation and protect human life and property on water by ensuring that all navigational signals are accurate and reliable. The severity of the penalty highlights the potential danger of misleading signals and underscores the importance of clear, accurate, and honest navigation aids.
