BNS Section 288: Negligent Conduct With Respect To Explosive Substances
Section 288 falls under Chapter 15 of the Bharatiya Nyay 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 explosive substances. Let us take a closer look at its provisions.
Definition of BNS Section 288
Section 288 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that 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 288
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 explosive 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 explosive substances. It provides that the handling of explosive 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 explosive 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 is using explosives for some demolition work without due permission from the authorities, then such an action shall be considered an offence. On the other hand, if the person has received permission but has not put up the necessary signs to warn the public of the demolition, 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 explosive 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 explosive 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
Y is found smoking a cigarette outside a fireworks shop. Despite requests and warnings, Y refuses to smoke anywhere else. Y is an offender under Section 288.
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 288
This section deals with:
Negligent conduct with respect to explosive substance
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 288 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 288 of BNS replaces Section 286 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 |
|---|---|---|---|
| 288 | Negligent conduct with respect to explosive matter. | 286 | The upper limit of the fine is increased from one thousand to five thousand rupees. |
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FAQs about Section 288 of the Bharatiya Nyay Sanhita (BNS)
What is Section 288 of the BNS?
Section 288 of the BNS deals with cases of negligent and reckless handling of explosive material such that it endangers safety of persons in the vicinity.
What are the penalties for violating BNS 288?
Any person who handles an explosive 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.
What should individuals do if they suspect negligent handling of explosives?
Any person suspecting such activity should report the matter to the closest police station.
Are there specific guidelines for transporting explosives under BNS 288?
Yes. These guidelines are issued by the fire safety department as well as department of transportation.
What are the responsibilities of explosive manufacturers under BNS 288?
Safe and diligent handling of explosive materials is the biggest responsibility of manufacturers or explosive materials.
How does BNS 288 contribute to public safety?
By penalising those who handle explosive materials negligently, Section 288 ensures public safety.
