Section 285 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 285 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, which falls under Chapter XV – Offences affecting public health, safety, convenience, decency, and morals:
🚧 Section 285 – Danger or Obstruction in Public Way or Line of Navigation
🧾 Statutory Text (Summarized):
🔹 Whoever, by doing any act—or by failing to manage property in their control—causes danger, obstruction, or injury to any person in a public way or public line of navigation, commits an offence punishable with a fine up to ₹5,000. (sudhirrao.com)
⚖️ Key Highlights
Acts Covered:
Any physical act or omission involving property under one’s control that creates hazard or blocks a public thoroughfare (e.g., roads, walkways) or navigational route (e.g., waterways).
Mental Element:
Applies equally to intentional actions and negligent omissions.
Penalty:
Fine up to ₹5,000.
(sudhirrao.com)
Classification:
Cognizable offence (the police may arrest without a warrant), but bailable and triable by a Magistrate.
(lawrato.com)
🏙️ Real-World Application
In one of the first FIRs under BNS (July 2024, Delhi), a street vendor near New Delhi Railway Station was booked under Section 285 for causing obstruction by erecting a mango stall that blocked pedestrian movement.
(indianexpress.com)
🔄 Comparison with IPC
This provision parallels IPC Section 283 (“danger or obstruction in a public way or line of navigation"), but BNS increased the maximum fine from ₹1,000 to ₹5,000, reflecting stricter standards for public safety.
(sudhirrao.com)
✅ Summary Table
| Aspect | Details |
|---|---|
| Offence | Causing danger/obstruction in public way or waterway |
| By Act/Omission | Includes negligent omissions regarding property |
| Punishment | Fine up to ₹5,000 |
| Arrest & Trial | Cognizable, bailable; tried by Magistrate |
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