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.
Simplified Explanation
Section 284 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the offense of conveying persons by water for hire in an unsafe or overloaded vessel. This section aims to prevent the transportation of people in unsafe conditions that might endanger their lives. Here’s a detailed breakdown of the section:
1. Conveyance of Persons by Water for Hire
- This refers to the transportation of individuals by water, such as in boats, ferries, or other vessels, where the service is provided for hire or payment. This could involve commercial services, like boat rides, ferries, or transport of passengers across rivers or seas.
2. Unsafe or Overloaded Vessel
- Unsafe vessel: A vessel that is not in proper working condition, such as having structural damage, mechanical failure, or defective equipment, making it dangerous to operate. This could include issues like:
- Leaking hulls.
- Faulty engines or rudders.
- Lack of necessary safety equipment, such as life jackets, lifeboats, or fire extinguishers.
- Overloaded vessel: A vessel carrying more passengers or cargo than it is designed to handle, thus becoming unstable or prone to capsizing. Overloading can occur in situations such as:
- Exceeding the maximum weight or passenger limit of the vessel.
- Packing passengers or cargo in a way that affects the vessel’s balance, increasing the risk of tipping over.
Both conditions—unsafe vessels and overloaded vessels—create a grave risk to human life, and this section aims to ensure that such conditions do not exist when people are being conveyed.
3. Knowingly or Negligently Conveying People
- Knowingly: The person conveying the passengers (or causing them to be conveyed) is aware that the vessel is unsafe or overloaded but still proceeds to use it for transportation, deliberately exposing passengers to danger.
- Negligently: The person may not have the intention to harm, but they fail to take the necessary precautions or ignore clear risks. For instance, they may fail to check the condition of the vessel or disregard safety regulations, thus endangering passengers’ lives.
4. Endangerment of Life
The key element of the offense is that the vessel is so unsafe or overloaded that it endangers the life of the person being conveyed. Examples of such situations include:
- A boat carrying far more passengers than it is designed for, risking capsizing.
- A ferry with a broken engine that is still used to transport passengers, endangering their safety in case of breakdowns or rough water conditions.
5. Punishable Acts
If someone is found guilty of conveying passengers in an unsafe or overloaded vessel, they face the following penalties:
- Imprisonment: The person may be sentenced to imprisonment for up to six months, depending on the severity of the situation.
- Fine: The individual may be fined up to five thousand rupees, which serves as a financial penalty to deter such actions.
- Both: The court may impose both imprisonment and a fine, depending on the seriousness of the case and the risk involved.
6. Purpose of the Section
- Protecting Human Life: The primary purpose of Section 284 is to protect the lives of individuals being transported by water by ensuring that vessels used for conveyance are in safe, operable conditions and not overloaded.
- Ensuring Public Safety: This section aims to ensure safe transport services and prevent tragedies resulting from unsafe or overloaded vessels, such as accidents, capsizing, or sinking.
7. Examples of Offenses Under Section 284
- Example 1: A boat owner knowingly allows more passengers than the boat’s capacity, and the boat capsizes, causing injury or death. This is an example of overloading that endangers life.
- Example 2: A person hires a ferry that has a faulty engine and is operating in dangerous weather conditions, causing a breakdown and a potential hazard to passengers. This is an example of negligence in operating an unsafe vessel.
- Example 3: A ferry service continues to operate with rusty, cracked hulls and damaged lifeboats, ignoring safety regulations, thereby endangering the passengers’ lives. This would fall under knowingly conveying people in unsafe conditions.
8. Conclusion
Section 284 of the Bhartiya Nyaya Sanhita, 2023 seeks to ensure safety during waterborne transportation by criminalizing the act of conveying passengers in unsafe or overloaded vessels. The section targets those who knowingly or negligently put others in harm’s way by allowing or causing the transportation of people in dangerous conditions. The penalties include imprisonment for up to six months, a fine of up to five thousand rupees, or both, depending on the circumstances. This section is vital for ensuring public safety on water routes, minimizing the risks of accidents, and protecting people’s lives.
