Law and You > Criminal Laws > Indian Penal Code > Offences Affecting Public Safety and Convenience (Ss. 279 – 291 IPC)
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.
Section 279 IPC:
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 279 IPC
- 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 280 IPC:
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 one thousand rupees, or with both.
The term vessel has been defined under Section 48 of the Code as anything which is made for the conveyance of humans or any property by water.
Punishment
Simple or rigorous imprisonment for a term that may extend for six months, or fine of one 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 281 IPC:
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, or with fine, or with both.
Punishment:
Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Classification of Offence:
The offence under this section is cognizable, bailable, Non-compoundable and triable by 1st Class Magistrate.
Section 282 IPC:
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 one thousand rupees, or with both.
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, 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 283 IPC:
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 two hundred rupees.
Punishment:
Fine which may extend to two hundred rupees.
Classification of Offence:
The offence under this section is cognizable, bailable, Non-compoundable and triable by any Magistrate.
Section 284:
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 one thousand rupees, or with both.
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, bailable, Non-compoundable and triable by any Magistrate.
Section 285 IPC:
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 one thousand rupees, or with both.
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, bailable, Non-compoundable 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 286 IPC:
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 one 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.
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, bailable, Non-compoundable and triable by any Magistrate.
Section 287 IPC:
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 one thousand rupees, or with both.
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 non-cognizable, bailable, Non-compoundable and triable by any Magistrate.
Section 288 IPC:
Negligent Conduct with Respect to Pulling Down or Repairing Buildings
Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order 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 one thousand rupees, or with both.
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 non-cognizable, bailable, Non-compoundable 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 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 289 IPC:
Negligent Conduct with Respect to Animal:
Whoever knowingly or negligently omits to take such order 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 one thousand rupees, or with both.
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, bailable, Non-compoundable and triable by any Magistrate.
Section 290 IPC:
Punishment for Public Nuisance in Cases Not Otherwise Provided for
Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.
Punishment:
Fine which may extend to two hundred rupees.
Classification of Offence:
The offence under this section is non-cognizable, bailable, Non-compoundable and triable by any Magistrate.
Punishment:
Simple imprisonment for a term which may extend to six months, or with fine, or with both.
Classification of Offence:
The offence under this section is non-cognizable, bailable, Non-compoundable and triable by any Magistrate.
Section 291 IPC:
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, or with both.
Punishment:
Simple imprisonment for a term which may extend to six months, or with fine, or with both.
Classification of Offence:
The offence under this section is cognizable, bailable, Non-compoundable and triable by any Magistrate.