Bailabel Type : bailable
Description
Section 282 - Conveying Person by Water for Hire in Unsafe or Overloaded Vessel
Text of Section 282:
"Whoever, for the purpose of hiring or reward, conveys any person by water in a vessel that is either unsafe or overloaded, shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine which may extend to one thousand rupees, or with both."
Detailed Explanation of Section 282:
Section 282 of the Indian Penal Code (IPC) deals with the criminal liability of individuals who convey people by water (such as on boats or ships) for hire or reward but do so in an unsafe or overloaded vessel. This section aims to protect the public from accidents that might arise due to the negligence of those who operate vessels for hire.
Key Aspects of Section 282:
Conveying by Water:
- This section applies to those who are transporting people by water, either on boats, ships, or any waterborne vehicle. The law does not apply to vessels used for other purposes, like goods transport, but is focused on those used for carrying passengers for hire or reward.
Unsafe Vessel:
- A vessel is considered unsafe if it is not in proper condition to carry people safely. This could mean:
- The vessel is damaged or structurally weak.
- It lacks necessary safety equipment, like life jackets or lifeboats.
- The vessel is old or improperly maintained, leading to risks like leaks or failure during operation.
Overloaded Vessel:
- A vessel is considered overloaded when it carries more people than it was designed to safely accommodate. Overloading increases the risk of:
- Capsizing, especially in rough waters.
- Sinking, due to the excess weight.
- The vessel losing stability, making it more prone to accidents.
- The carrying capacity of the vessel is usually determined by its design specifications, and exceeding this is considered dangerous.
For Hire or Reward:
- The section applies specifically to situations where the vessel owner or operator is carrying people for hire or reward. This means that the law targets those who provide commercial transportation services on water (e.g., ferry services, tourist boats, water taxis).
Intent or Negligence:
- The section does not require intent to harm or malice; it is based on negligence. If the operator fails to ensure the vessel is safe or not overloaded, they can be held criminally liable. Whether or not an accident happens, the recklessness or negligence in operating the vessel itself constitutes the offense.
Importance of Section 282:
Public Safety: The primary goal of this section is to prevent accidents on water caused by unsafe conditions or overloading. Water transport can be inherently dangerous, and regulations like these are critical to ensuring passenger safety.
Liability for Negligence: It ensures that operators of vessels that carry passengers for hire cannot ignore their responsibility to maintain safe operating conditions. Even if no accident occurs, negligence in maintaining the vessel’s safety or adhering to weight limits is punishable under this law.
Protecting Vulnerable Passengers: Passengers using vessels for transportation are often vulnerable, especially in hazardous weather or rough waters. This section holds those who would jeopardize public safety accountable.
Punishment
Punishment under Section 282:
Imprisonment:
- The offender can be imprisoned for a term that may extend to six months. The court may impose either simple imprisonment or rigorous imprisonment (which involves hard labor) depending on the gravity of the situation.
Fine:
- The punishment may also include a fine up to ?1,000. This fine serves as a financial penalty and also acts as a deterrent to those operating watercraft recklessly.
Imprisonment and Fine:
- The court may impose both imprisonment and a fine for the offender. This would apply if the situation is deemed severe, such as an instance where the vessel was extremely unsafe or grossly overloaded, putting passengers at high risk of harm.
