IPC Section 282 and BNS Section 284: Conveying Passengers in Unsafe or Overloaded Vessels
The law prohibits knowingly or negligently carrying passengers for hire by water in a vessel whose condition or loading endangers their lives. The former provision was Section 282 of the Indian Penal Code, 1860; the corresponding current provision is Section 284 of the Bharatiya Nyaya Sanhita, 2023.
What did Section 282 of the Indian Penal Code provide?
Section 282 IPC was titled "Conveying person by water for hire in unsafe or overloaded vessel." Its statutory text stated:
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 one thousand rupees, or with both.
Thus, the former law punished the act of endangering a paying passenger through an unsafe or overloaded vessel, even where the passenger did not actually suffer injury.
Current law: Section 284 of the Bharatiya Nyaya Sanhita, 2023
Section 284 BNS retains substantially the same definition of the offence. It applies when a person knowingly or negligently conveys, or causes a person to be conveyed, for hire by water in a vessel whose condition or load endangers that passenger's life.
Under the current provision, the punishment is imprisonment of either description for up to six months, or a fine of up to Rs. 5,000, or both. See the official BNS text hosted by the Bureau of Police Research and Development.
Essential ingredients of the offence
- Conveyance by water: A passenger is carried, or arrangements are made to carry the passenger, in a vessel.
- For hire: The transportation is provided in return for payment or other hire consideration.
- Unsafe condition or overloading: The vessel's state, or the extent to which it is loaded, endangers the passenger's life.
- Knowledge or negligence: The person responsible knowingly or negligently conveys the passenger or causes the conveyance.
Evidence may include passenger numbers, permitted carrying capacity, vessel condition, inspection records, safety equipment and witness accounts. Whether the statutory elements are proved depends on the facts of the case.
IPC Section 282 versus BNS Section 284
| Issue | IPC Section 282 (former law) | BNS Section 284 (current law) |
|---|---|---|
| Subject | Unsafe or overloaded vessel carrying passengers for hire | Same subject |
| Maximum imprisonment | Six months | Six months |
| Maximum fine | Rs. 1,000 | Rs. 5,000 |
| Imprisonment and fine together | Permitted | Permitted |
| Application | Offences before 1 July 2024, subject to savings | Offences from 1 July 2024 |
Practical examples
A paid ferry service that carries passengers beyond a safe load limit may attract the provision if the overloading endangers their lives. Likewise, a boat operator who negligently uses a vessel with a dangerously defective hull to transport paying passengers may fall within the section. Liability requires proof of the statutory ingredients; a mere allegation of overloading is not automatically sufficient.
Related provisions and legal distinction
BNS Section 282 concerns rash navigation of a vessel and corresponds to former IPC Section 280. It is not the replacement for IPC Section 282. BNS Section 284 is the corresponding provision for conveying passengers for hire in unsafe or overloaded vessels. Other offences may be relevant where the facts involve injuries or deaths, depending on the evidence and applicable law.
Frequently asked questions
Is IPC Section 282 still in force?
The IPC was repealed with effect from 1 July 2024. Its provisions may still apply to earlier offences under the relevant savings rules. For conduct from 1 July 2024, consult BNS Section 284.
Is an actual accident necessary?
No. The provision focuses on knowingly or negligently transporting a paying passenger in a vessel whose condition or loading endangers that person's life.
What is the maximum punishment under BNS Section 284?
Up to six months' imprisonment, or a fine up to Rs. 5,000, or both.
Official statutory references
- Indian Penal Code, 1860 (official India Code PDF) — historical Section 282.
- Bharatiya Nyaya Sanhita, 2023 (government-hosted PDF) — current Section 284 and repeal provision.
Updated 30 October 2026. This article provides general legal information, not advice for a particular case.