IPC Section 48: Meaning of Vessel and Corresponding BNS Section 2(32)
Section 48 of the Indian Penal Code, 1860 defined the word "vessel" for the purposes of the Code. The corresponding definition is now contained in Section 2(32) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 48 of the Indian Penal Code, 1860
The word "vessel" denotes anything made for the conveyance by water of human beings or of property.
This was a definition in Chapter II of the IPC, headed "General Explanations". It clarified the meaning of the term when used in provisions of the Code. Section 48 did not itself create a criminal offence or prescribe a punishment.
Present law: Section 2(32) of the Bharatiya Nyaya Sanhita, 2023
Section 2(32) of the BNS provides:
"vessel" means anything made for the conveyance by water of human beings or of property;
The substance of the definition remains the same: the focus is on whether an object is made for transporting people or property by water. The BNS groups this definition with other statutory definitions in Section 2.
| Point | IPC position | Current BNS position |
|---|---|---|
| Provision | Section 48, IPC 1860 | Section 2(32), BNS 2023 |
| Subject | Definition of vessel | Definition of vessel |
| Meaning | Anything made for conveyance by water of people or property | Same substantive meaning |
| Status | Repealed subject to savings | In force from 1 July 2024 |
Explanation and examples
The expression is broad. It is not limited to large ships or commercially registered boats. Its essential characteristic is that the thing has been made for conveyance by water.
- Passenger boat: A boat constructed to carry people across a river is ordinarily a vessel.
- Cargo ship: A ship designed to transport goods by sea falls within the definition.
- Ferry: A craft designed to carry passengers or vehicles over water is ordinarily covered.
- Raft or small craft: Coverage depends on whether it was made for conveyance by water, considering its construction and purpose.
These are explanatory examples, not statutory illustrations. Whether a particular object qualifies can depend on the facts and the provision being applied.
Why the definition matters
Definitions help courts and investigating authorities interpret words appearing in substantive criminal provisions. Where an offence refers to a vessel, the statutory meaning can determine whether the provision applies. The definition alone does not establish guilt; all elements of the relevant offence must still be proved.
IPC repeal and transitional cases
Section 358 of the BNS repeals the IPC and contains saving provisions. The date of the alleged conduct and the applicable savings must be examined before deciding whether an IPC provision or a BNS provision governs. The new definition should not automatically be substituted into an earlier charge or proceeding without considering those rules.
Frequently asked questions
What is a vessel under IPC Section 48?
It means anything made for carrying human beings or property by water.
What is the equivalent provision in the BNS?
Section 2(32) of the Bharatiya Nyaya Sanhita, 2023 defines "vessel" in substantially the same terms.
Does Section 48 IPC provide a punishment?
No. It was a definition, not an independent penal offence.
Is IPC Section 48 still in force?
The IPC was repealed with effect from 1 July 2024, subject to statutory savings. Section 48 remains relevant when interpreting applicable historical IPC provisions and proceedings.