Punishment for Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft - Section 439
The unfortunate truth of society is once a person starts walking on the path of crime it becomes more difficult to turn that person on the path. Every time he commits the same crime he/she gets confident and commits the crime in a more polished way. Theft is one such crime that unfortunately happens everywhere and it becomes the habit of the criminals which makes them commit it without getting caught. We are going to discuss what is theft and what happens if someone runs any vessel to commit theft? What is the punishment for the commission of such crimes? What happens if someone runs any vessel which contains any movable property? Section 439 of the Indian Penal Code talks about this, according to this section if a person knowingly running vessel aground or ashore in order to commit theft of the movable property contained in it or if any person dishonestly misappropriated it or if the person is aware of the fact that theft or misappropriation of the property which is contained in such vessel may take place is a punishable offence. Ingredient of section 439 of the Indian Penal Code: The property should be movable. The person running the vessel should be having the intention to commit theft or dishonest misappropriation of property. Consult the best lawyer online Theft: Section 378 of the Indian Penal Code talks about theft, according to this section if a person took or moved any movable property without the owner’s permission or without the permission of the person having such property is theft. This section also has certain explanation to describe it which are as follows: Explanation 1: According to this explanation if a property is attached to earth is not considered as movable property but the moment it is detached from the earth it becomes the movable property and becomes the subject of theft. Explanation 2: According to this explanation, if a person wants to commit theft of a property which is attached to the earth and to commit theft, he/she detaches it and sever it from the earth and move such property without the permission of the owner or the person having such property is theft. Explanation 3: This explanation states that if a person removes anything which is there to stop the movement of the property or detach it from some other thing which might stop the movement of the property or any the person moves the property by himself/herself, it is said that such person caused the property to move. Explanation 4: According to this explanation if someone moves any animal and if the animal moved anything or if something is moved because of the movement of the animal then it will be considered as the person who moved the animal has moved all the things that are moved due to the movement of the animal.
Illustrations:
Mohan cuts down some of the crops from Sohan’s ground and dishonestly takes them from Sohan’s possession without Sohan’s permission. The moment Mohan cuts the crops and detaches them from the earth to take them, Mohan has committed theft.
Rohan saw Sheela’s gold bracelet on the floor, he got scared that he would be searched, he hid it in a place where no one can ever find it so that when Sheela forgets about it, he will sell it. Now when Rohan First moves the bracelet is said to commit theft.
Ram took a gold ring that belonged to Shyam and thought that he would return the ring when Shyam would give him money as a reward for finding the ring. Ram has committed theft.
Dishonest misappropriation of property: Section 403 of the Indian Penal Code talks about dishonest misappropriation of property, it states that if a person misappropriated dishonestly or for himself/herself convert any movable property is a punishable offence.
Punishment for the offence under section 439 of the Indian Penal Code: If a person or the accused commits the offence under section 439 of the Indian Penal Code should be punished with imprisonment for up to ten years and a fine shall also be liable.
Note: The punishment of the acts under this section is similar to the acts of piracy.
Whether section 439 of the Indian Penal Code is a cognizable offence or a non-cognizable offence?
The offence under section 439 of the Indian Penal Code is a cognizable offence.
Whether offence under section 439 of the Indian Penal Code is bailable or non-bailable?
The offence under section 439 of the Indian Penal Code is a non-bailable offence.
Where can it be tried?
The offence under section 439 of the Indian Penal Code will be tried in the Court of Session.
Whether the offence is compoundable or not?
The offense under section 439 of the Indian Penal Code is not a compoundable offence.
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Case law:
Bhagwan Singh v. the State of Rajasthan: In this, the bail was denied to the accused since offence under section 439 of the Indian Penal Code is a non-bailable offence but it was argued that in previous cases the bail had been granted hence when the second bail application was filed it was allowed.
The court held that in some cases where cancellation of a bail application is not filed, the bail may be granted. Therefore bail was granted under section 439 of the Criminal Procedure Code but the applicant has to submit a bail bond of Rs. 30,000 with two sureties of the amount of Rs. 15,000 and also the applicant has to appear before the Court on all hearings or whenever he will be called.
Conclusion: Hence it is concluded that if a person is knowingly run a vessel aground or ashore with the intention of committing theft of the property which are contained in such vessel or commits dishonest misappropriation of the above-mentioned property or if the person knows that theft or misappropriation of such property can be committed is a punishable offence and the person commits such crimes would be punished with imprisonment for up to ten years and fine.
This article was drafted by Ms. Charu Shrivastava, B.A.LLB(H), Galgotias University, Greater Noida. U.P.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft | Imprisonment, up to 10 years or fine or both | Cognizable | Non-Bailable | Court of sessions |
| Offence | Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft |
|---|---|
| Punishment | Imprisonment, up to 10 years or fine or both |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
