Legal provisions regarding Mischief to Decked Vessel under section 437 of Indian Penal Code, 1860.
Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
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ADVERTISEMENTS:
According to Section 48 of the Code, Vessel denotes ‘anything made for the conveyance by water of human beings or of property’. The object of Section 437 is to punish mischief committed on vessels which are able to carry passengers. Section 437 punishes mischief committed on board a ship or boat when plying in water.
Section 437 is applicable to a ‘decked vessel or a ‘vessel of a burden of twenty tons or upwards’, i.e., vessels of substantial size and which are capable of carrying passengers. These phrases are used in Section 437 to exclude small crafts, canoes or boats from its purview.
It has to be proved that when committing the mischief under Section 437, the accused intended to destroy or render unsafe that vessel or that he knew it to be likely that he will thereby destroy it or render it unsafe.
The offence under Section 437 is cognizable, and a warrant should, ordinarily, issue in the first instance. It is non-bailable as well as non-compoundable and is triable exclusively by the Court of Session.