What is Section 439 IPC? Punishment for Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft, etc.
Published on: Lawiz Team
Learn about Section 439 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 439 punishes anyone who intentionally runs a vessel aground or ashore with the intention of committing theft or any other offence.
Purpose
To prevent individuals from endangering vessels and their cargo by deliberately grounding them for criminal purposes.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The vessel must be intentionally run aground or ashore. 2. The intent must be to commit theft or any other offence. 3. It must involve a deliberate act.
Punishment Details
Imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a person intentionally steers a ship onto rocks to steal its cargo, they are punishable under Section 439.
Legal Defenses
If the accused can prove that the grounding was accidental or for safety reasons, they may be acquitted.
Related Sections
Related to Section 437 (Mischief to vessel) and Section 438 (Mischief by fire to vessel).
FAQs
What does Section 439 IPC define?
Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc..
How is 'Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 439 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 439?
Examples include real-life cases involving punishment for intentionally running vessel aground or ashore with intent to commit theft, etc..
Is Section 439 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 439 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 439 significant?
It holds importance in the framework of criminal law.