Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XV > Offences Affecting Public Safety and Convenience (Ss. 281 – 293, 297 BNS)
According to Section 268 of the Indian Penal Code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. In this article we shall discuss offences affecting public safety and convenience.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 281 | S. 279 | No Change |
| S. 282 | S. 280 | The upper limit of the fine has been increased from one thousand to ten thousand rupees. |
| S.283 | S.281 | Fine is added as punishment in addition to imprisonment rupees ten thousand is fixed as lower limit of fine. Word “and” has replaced “or”. |
| S.284 | S. 282 | The upper limit of the fine is increased from one thousand to five thousand rupees |
| S. 285 | S. 283 | The upper limit of the fine is increased from two hundred to five thousand rupees. |
| S. 286 | S. 284 | The upper limit of the fine is increased from one thousand to five thousand rupees. |
| S. 287 | S. 285 | The upper limit of the fine is increased from one thousand to two thousand rupees. |
| S. 288 | S. 286 | The upper limit of the fine is increased from one thousand to five thousand rupees. |
| S. 289 | S. 287 | Upper limit of the fine is increased from one thousand to five thousand rupees. |
| S. 290 | S. 288 | BNS added “or constructing”. The upper limit of the fine is increased from one thousand to five thousand rupees. “measures” replaces “order”. |
| S. 291 | S. 289 | Word “measure” replaces “order” The upper limit of the fine is increased from one thousand to five thousand rupees. |
| S. 292 | S. 290 | The upper limit of the fine is increased from two hundred to one thousand rupees. |
| S. 293 | S. 291 | Fine is defined as up to five thousand rupees. |
| S. 297 | S. 294A | The upper limit of the fine is increased from one thousand to five thousand rupees. |
Section 281 BNS:
Rash Driving or Riding on a Public Way
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Ingredients of Section 281 BNS
- Accused is driving (any vehicle) or riding in a public way; and
- such driving or riding must be rash or negligent to the point of endangering human life or causing harm or injury to others.
Punishment
Imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Classification of Offence:
The offence under this section is cognizable and non-compoundable, and is triable by the Magistrate of the first class.
Public way means a busy road, passage or an area highly populated which is commonly used or is opened for the access by the general people to walk or travel by a vehicle for example footpaths, roads, highway, bridges. It is a right of easement granted to the general public to move freely on such pathways. An injury is said to endanger human life if it may put life of another person in danger.
In Empress of India v. Idu Beg (1881) 3 All 776 case, the Court observed: “criminal rashness is hazarding a dangerous or wanton act with the knowledge that it will cause injury but without the intention to cause injury or knowledge that it will probably be caused. The criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences. Criminal negligence is the willful and culpable neglect to take reasonable and proper care and precautions to avoid injury to the public in general or to an individual in particular, taking into account all of the circumstances surrounding the charge”
It is important to exercise caution when driving, as even the slightest lapse in attention could lead to legal consequences. If someone operates a vehicle recklessly or at an excessive speed and harms another person or puts them at risk of harm, they may be prosecuted under Section 279, IPC.
In Dulichand v. Delhi Administration, AIR 1975 SC 1960 case, the accused was the bus driver who was driving at an average speed but failed to look to his right before taking a turn and inevitably ran over a cyclist. Hence, he was held guilty under this section.
In Badri Prasad Tiwari v. The State, I (1994) ACC 676 case, the Court held that a mere error in judgment does not constitute a rash and negligent act.
In Prathap Kumar G v. State of Karnataka, 21 October, 2022 case, the High Court of Karnataka held that Section 279, IPC does not recognize and/or make an offence any injury caused otherwise than to human being. Thus, insofar as the injury or death caused to the pet or animal is concerned, the same would not amount to an offence in terms of Section 279, IPC.
In P. Rajappan v. State of Kerala, 2 (1986) ACC 5 case, the Court held that it is not necessary that the rash or negligent act should result in injury to life or property. Speed alone is not the criterion for deciding rashness or negligence on the part of the driver. The relationship between speed and rashness or negligence depends upon the place and time. In a straight wide road, where obstructions from other vehicles or pedestrians are not present, it cannot be said that driving in speed or absence of sounding a horn by itself would amount to rashness or negligence.
Section 282 BNS:
Rash Navigation of Vessel:
Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
The term vessel has been defined under Section 2(32) of the Sanhita as anything which is made for the conveyance of humans or any property by water.
Ingredients of Section 282 BNS:
- Accused is navigating a vessel; and
- Such navigation must be rash or negligent to the point of endangering human life or causing harm or injury to others.
Punishment
Imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
Classification of Offence:
The offence under this section is bailable, cognizable and non-compoundable, and is triable by the Magistrate.
Section 283 BNS:
Exhibition of False Light, Mark or Buoy:
Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees.
Ingredients of Section 283 BNS:
- The accused exhibits any false light, mark or buoy;
- It is with intention and knowledge; and
- It is likely that such exhibition will mislead any navigator.
Punishment:
Imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees.
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by 1st Class Magistrate.
Section 284 BNS:
Conveying Person by Water for Hire in Unsafe or Overloaded Vessel
Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, 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
Ingredients of Section 284 BNS:
- Accused conveys, or causes to be conveyed for hire, any person by water in any vessel;
- The vessel is in such a state or so loaded as to endanger the life of that person; and
- Accused does it knowingly or negligently
Punishment:
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
Classification of Offence:
The offence under this section is cognizable, bailable, Non-compoundable and triable by any Magistrate.
In V.R. Bhate and Ors v. State of Maharashtra, AIR 1970 SC 1362 case, where there was a passenger vessel which tilted to one side because of the stampede and exerted all the weight on the tilted side, due to which the water started flowing into the vessel. Thus, frightening the passengers. The vessel owners were not held to be responsible by the Supreme Court for the incident as the flow was not due to the overloading of passengers but because of the stampede.
Section 285 BNS:
Danger or Obstruction in Public Way or Line of Navigation
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
Ingredients of S. 285 BNS:
- The accused does any act, or omit to take order;
- The property is in accused’s possession or under his charge; and
- The property causes danger, obstruction or injury to any person in any public way or public line of navigation
Punishment:
Fine which may extend to five thousand rupees.
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by any Magistrate.
Section 286 BNS:
Negligent Conduct with Respect to Poisonous Substance
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.
Ingredients of Section 286 BNS:
- Accused knowingly or negligently does an act or omits to take such order, with any poisonous substance in his possession;
- He does it in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person; and
- He fails to guard against any probable danger to human life from such poisonous substance
Punishment:
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.
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by any Magistrate.
Section 287 BNS:
Negligent Conduct with Respect to Fire or Combustible Matter
Whoever does, with fire or any combustible matter, 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 fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Ingredients of Section 287 BNS:
- Accused knowingly or negligently does an act or omits to take such order with fire or any combustible matter in his possession;
- He does it so rashly or negligently;
- It endangers human life, or to be likely to cause hurt or injury to any other person; and
- The accused fails to guard against any probable danger to human life.
Punishment:
Imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by any Magistrate.
In Kurban Hussain Mohammadalli Rangwala v. State of Maharashtra, AIR 1965 SC 1616 case, where the paint and varnish factory of the accused caught fire due to which seven workers lost their lives and several workers suffered burn injuries. The dead people worked in a loft where the manufactured paint was stored. The Supreme Court held that the accused breached a special condition of the license, by permitting the lighting of four burners in the same room without any precautions in order to prevent a fire that would be dangerous to human life. As it was a negligent omission to order lightning with fire or any other combustible matter in his possession which was sufficient to guard against any possible danger to human life, the accused was held to be guilty.
Section 288 BNS:
Negligent Conduct with Respect to Explosive Substance
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
According to Section 2 of the Explosive Substances Act, 1908, the term Explosive Substance is deemed to include any such materials that are required for making any explosive substance; it also includes any machine, material, apparatus or implement used, or is intended to be used, or is adapted for causing, or an aid to cause, any explosion or with any explosive substance, also with any part of such machine, apparatus or any implement.
Ingredients of S. 288 BNS:
- Accused knowingly or negligently does an act or omits to take such order with any explosive substance in his possession;
- He does it so rashly or negligently;
- It endangers human life, or to be likely to cause hurt or injury to any other person; and
- The accused fails to guard against any probable danger to human life.
Punishment:
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
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by any Magistrate.
Section 289 BNS:
Negligent Conduct with Respect to Machinery:
Whoever does, with any machinery, 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 machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, 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.
Ingredients of S. 289 BNS:
- Accused knowingly or negligently does an act or omits to take such order with any machinery in his possession;
- He does it so rashly or negligently;
- It endangers human life, or to be likely to cause hurt or injury to any other person; and
- The accused fails to guard against any probable danger to human life.
Punishment:
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.
Classification of Offence:
The offence under this section is non-cognizable, bailable, and triable by any Magistrate.
Section 290 BNS:
Negligent Conduct with Respect to Pulling Down or Repairing Buildings
Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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.
Ingredients of S. 290 BNS:
- Accused knowingly or negligently does an act or omits to take such order with any building, he is pulling down or constructing a building;
- The falling of building or part of it endangers human life, or to be likely to cause hurt or injury to any other person; and
- The accused fails to guard against any probable danger to human life.
Punishment:
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.
Classification of Offence:
The offence under this section is non-cognizable, bailable, and triable by any Magistrate.
In Abdul Kalam v. State (Government of NCT of Delhi), 2006 CRILJ 3071 case, where the petitioner was a building owner, he assigned a contractor for the construction job of the house. While doing the plastering, a labourer fell down from scaffolding which was put up by the contractor. It was held by The Delhi High Court that this cannot fall under section 288 IPC (S. 290 BNS) as the petitioner did not commit any act that could be considered as rash or negligent to endanger human life and, therefore, he was held not guilty under this section.
Section 291 BNS:
Negligent Conduct with Respect to Animal:
Whoever knowingly or negligently omits to take such measures with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, 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.
Ingredients of S. 291 BNS:
- Accused knowingly or negligently omits to take such measure with any animal in his possession;
- He fails to guard against any probable danger to human life; and
- There is a probable danger of grievous hurt from such animal.
Punishment:
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.
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by any Magistrate.
Section 292 BNS:
Punishment for Public Nuisance in Cases Not Otherwise Provided for
Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which may extend to one thousand rupees.
Ingredients of S. 292 BNS:
- Accused commits offence of public nuisance as defined in S. 270 BNS; and
- The offence is not specifically covered under S. 271 to 291.
Punishment:
Fine which may extend to one thousand rupees.
Classification of Offence:
The offence under this section is non-cognizable, bailable, and triable by any Magistrate.
Section 293 BNS:
Continuance of Nuisance After Injunction to Discontinue:
Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees or with both.
Ingredients of S. 293 BNS:
- Accused has already committed an offence of public nuisance as defined in S. 270 BNS; and
- He repeats or continues the same offence; and
- Any public servant who has lawful authority has issued injunction not to repeat or continue such nuisance.
Punishment:
Simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees or with both.
Classification of Offence:
The offence under this section is cognizable, bailable, and triable by any Magistrate.
S. 297 BNS:
Keeping Lottery Office:
(1) Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to five thousand rupees.
Ingredients of S. 297(1) BNS:
- Accused keeps any office or place for the purpose of drawing any lottery; and
- The lottery is not being a State lottery or a lottery authorised by the State Government
Punishment under S. 297(1) BNS:
Imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Classification of Offence under S. 297(1) BNS:
The offence under this section is Non-cognizable, bailable, and triable by any Magistrate.
Ingredients of S. 297(2) BNS:
- Accused publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from doing anything for the benefit of any person; and
- He agrees to do so on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery.
Punishment under S. 297(2) BNS:
Fine which may extend to five thousand rupees.
Classification of Offence under S. 297(2) BNS:
The offence under this section is Non-cognizable, bailable, and triable by any Magistrate.
Conclusion:
Offences affecting public safety and convenience, as outlined in the Bharatiya Nyaya Sanhita, 2023, are vital to maintaining law, order, and a peaceful society. By penalizing behaviours like rash driving of vehicles and vessels, obstructions to public way or way of navigation, etc. The BNS ensures accountability and promotes responsible conduct in public spaces. However, the evolving nature of urban life and technological advancements demand continuous review and adaptation of these laws. Strengthening enforcement, raising public awareness, and promoting civic sense are essential steps toward creating a safe and orderly environment for all.
Related Topics:
- Public Nuisance: Definition (S. 270)
- Offence Related to Spread of Infectious Disease (Ss. 271 to 273)
- Offences Related to Adulteration of Food (Ss. 274 and 275)
- Offences Related to Adulteration of Drugs (Ss. 276-278)
- Offences Related to Environment (Ss. 279 and 280)
- Offences Related to Obscenity (Ss. 294 to 296)
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