Section 285 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 285 – Bharatiya Nyaya Sanhita (BNS), 2023
1. Textual Meaning (Simplified)
Section 285 of the BNS, 2023 deals with “Endangering Public Safety by Negligent or Reckless Acts.”
In simple terms:
Any person who acts negligently, recklessly, or carelessly in a way that endangers the life, safety, or property of others shall be liable under this section.
Key points:
Applies to ordinary citizens, employees, or any individual whose actions can threaten public safety.
Focuses on unintentional but avoidable harm caused by carelessness or recklessness.
Distinguishes between intentional harm (which is covered under other sections) and harm caused by negligence or reckless conduct.
2. Objective of Section 285
To prevent accidents and harm caused by negligence or recklessness.
To promote public safety and responsibility.
To ensure that individuals take due care in activities that could impact others.
To provide legal accountability even in absence of malicious intent.
3. Key Elements of Section 285
For liability under Section 285, the following conditions must exist:
(a) Act or Omission
The person must perform an act or fail to act (omission) that could affect safety.
Example: Driving recklessly, leaving a fire unattended, or mishandling hazardous materials.
(b) Negligence or Recklessness
The act must be careless, negligent, or reckless, not malicious.
Mere mistakes without negligence do not attract liability.
(c) Endangerment
The act must create a risk to:
Life
Safety
Property of others
Actual harm is not always necessary; risk or potential danger is sufficient.
(d) Causation
The dangerous outcome must be reasonably foreseeable from the negligent or reckless act.
4. Punishment under Section 285
Imprisonment: Up to 2 years, depending on severity.
Fine: Monetary penalty may also be imposed.
Enhanced Punishment: If negligence leads to:
Serious injury
Loss of life
Large-scale property damage
→ Punishment may be extended beyond 2 years.
5. Illustrations for Better Understanding
Illustration 1 – Reckless Driving
A person drives a vehicle at high speed in a crowded market area, creating risk to pedestrians.
Punishable under Section 285 due to reckless endangerment, even if no accident occurs.
Illustration 2 – Negligent Fire Safety
A shopkeeper stores flammable materials without safety precautions, creating a risk of fire.
Punishable under Section 285, even if no fire occurs, because the act endangers public safety.
Illustration 3 – Unsafe Construction
A contractor constructs a building without proper scaffolding, risking workers’ safety.
Punishable under Section 285 for negligent endangerment.
Illustration 4 – Minor Mistake
Someone accidentally spills water on the sidewalk without foreseeable danger.
Not punishable under Section 285 if no reasonable risk existed.
6. Key Principles
Negligence vs. Intent: Section 285 targets unintentional but dangerous acts, not deliberate crimes.
Foreseeability: Liability arises if a reasonable person could foresee harm from the act.
Risk Is Sufficient: Actual injury is not necessary; potential danger is enough.
Public Safety Focus: Applies broadly to acts that endanger community safety or property.
7. Relation to Other Sections
Complements Sections on assault, harm, and public safety offences.
Section 285 is less severe than intentional harm sections but ensures accountability for careless endangerment.
Works alongside Sections 238 and 259 BNSS, which protect public servants and emergency services.
8. Importance
Encourages responsible behavior in everyday activities.
Acts as a deterrent against careless or reckless conduct that can harm others.
Protects public safety, life, and property proactively.
Summary Table – Section 285 BNS
| Feature | Section 285 BNS |
|---|---|
| Target | Any person acting negligently or recklessly |
| Acts Covered | Endangering life, safety, or property through carelessness |
| Requirement | Negligence or recklessness; actual harm not necessary |
| Punishment | Up to 2 years imprisonment, fine; more if serious harm occurs |
| Key Principle | Liability arises from foreseeable risk to public safety |
| Exceptions | Accidents without negligence or unreasonable risk |
Section 285 BNS is critical because it proactively protects public safety by penalizing negligent or reckless acts, ensuring that people exercise caution in activities that could affect others.
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