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BNS Section 285: Danger Or Obstruction In Public Way Or Line Of Navigation
Section 285 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 285 specifically deals with obstructing public spaces. Let us take a closer look at its provisions.
Definition of BNS Section 285
Section 285 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees.”
Explanation and Illustration of BNS Section 285
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of obstructing public spaces. Let us break down the section to get a better understanding of it.
Offence
This section provides for the offence of obstructing public spaces such that they may cause danger or injury to someone else using the space. Public spaces in this section refer to any common utility constructed and maintained by the government specifically for public convenience. The definition the danger, obstruction or injury shall be decided by the court on a case to case basis. It shall be considered an offence under the provisions of this section as long as the obstruction has been caused by:
However there are certain points that need to be noted:
Punishment
Any person who does an act, or omits to tend to one’s property in such a manner that the act or the omission to act causes any public space to be obstructed, injurious or dangerous to any other member of the public using the same space, he or she shall be punished with fine which may extend to five thousand rupees.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 285
This section deals with:
Danger or obstruction in a public way or line of navigation.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 285 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 285 of BNS replaces Section 283 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 285 | Danger or obstruction in public way or line of navigation. | 283 | The upper limit of the fine is increased from two hundred to five thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 285 of the Bharatiya Nyaya Sanhita (BNS)
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