Section 288 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 288 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, under Chapter XV – Offences affecting Public Health, Safety, Convenience, Decency, and Morals:
💥 Section 288 – Negligent Conduct with Respect to Explosive Substances
Statutory Text (Summarized):
Whoever, with any explosive substance,
Acts rashly or negligently so as to endanger human life or likely cause hurt or injury, or
Knowingly or negligently omits to take precautions to guard against probable danger from such substance,
shall be punished with imprisonment of up to six months, fine up to ₹5,000, or both.
(sudhirrao.com)
🔍 Key Elements
Subject Matter: Covers both active mishandling and negligent omission in storage, use, or supervision of explosive materials.
Fault Requirement: Must be either knowingly or negligently—there’s no need for intent to harm.
Risk Threshold: Conduct must pose a foreseeable danger to human life.
Penalty:
Imprisonment: Maximum of six months (simple or rigorous),
Fine: Up to ₹5,000,
or both.
🔄 Comparison with IPC
This closely mirrors the IPC's older Section 288 but increases the maximum fine from ₹1,000 to ₹5,000, reflecting stricter safety standards in the BNS.
🧭 Practical Significance
Scope: Applies to manufacturers, handlers, transporters, and gatekeepers of explosive materials.
Purpose: Ensures accountability for both careless acts and failures to take basic safety measures.
Enforcement: This is a cognizable, bailable offence triable by a Magistrate, allowing prompt legal action in urgent safety situations.
✅ Summary Table
| Feature | Details |
|---|---|
| Offence | Rash or negligent handling of explosive substances |
| Fault Standard | Knowledge or negligence |
| Penalty | ≤6 months jail, ≤₹5,000 fine, or both |
| Court Classification | Cognizable & bailable; Magistrate trial |
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