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BNS Section 286: Negligent Conduct With Respect To Poisonous Substance
Section 286 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 286 specifically deals with negligence with poisonous substances. Let us take a closer look at its provisions.
Definition of BNS Section 286
Section 286 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Explanation and Illustration of BNS Section 286
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of negligently handling poisonous substances. Let us break down the section to get a better understanding of it.
Offence
This section applies to any person in possession, in charge or with access to poisonous substances. These substances needn’t literally be poison that is used to kill, but even chemicals and substances used in industrial processes that are poisonous to human life. It provides that the handling of poisonous substance by any person shall be considered an offence under the provisions of this section if it causes:
Also, it clarifies that it is not just an action by any person handling poisonous substances that shall be considered an offence under this section. Lack of action, or omitting to perform an action which leads to endangering any person shall also be considered an offence. For instance, if a person openly exposes poisonous substances in a public space, then such an action shall be considered an offence. On the other hand, if the person has exposed the public to a poisonous substance because he failed to cover it with protective equipment, then the omission of such action shall be considered an offence.
Finally, since this section deals with public health and safety, intent is not a key factor in this. In other words, it doesn’t matter if the person handling the poisonous substances had no intention of harming the public. It doesn’t matter if the action was performed knowingly or rashly out of negligence. If it has led to the above situation, it shall be considered an offence.
Punishment
Any person who handles a poisonous substance dangerously or fails to handle it safely such that it endangers the lives of members of the public shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
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
Illustration
X, who is having his septic tank cleaned, dumps all the toxic waste from it on the road, causing the persons from the nearby bus stand to fall sick during the course of the day. X is an offender under the provisions of Section 286.
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 286
This section deals with:
Negligent conduct with respect to poisonous substance
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 286 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 286 of BNS replaces Section 284 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 |
|---|---|---|---|
| 286 | Negligent conduct with respect to poisonous substance. | 284 | The upper limit of the fine is increased from one thousand 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 286 of the Bharatiya Nyaya Sanhita (BNS)
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