Section 286 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported breakdown of Section 286 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which falls under Chapter XV – Offences Affecting Public Health, Safety, Convenience, Decency and Morals:
☣️ Section 286 – Negligent Conduct with Respect to Poisonous Substance
⚖️ Offence Description
A person commits an offence under Section 286 if they, while in possession of a poisonous substance:
Act in a manner so rash or negligent that it endangers human life, or is likely to cause hurt or injury to anyone; or,
Knowingly or negligently fail to take sufficient precautions to guard against potential danger from that substance. (sudhirrao.com)
⚠️ Key Elements Explained
Poisonous substance: Can include chemicals, toxins, or harmful compounds that pose a health risk.
Rash or negligent behavior: Actions taken carelessly or without due caution—not necessarily with intent to harm.
Failure to guard: Neglecting basic safety measures (e.g., proper storage, labelling, protective equipment) when handling dangerous substances.
🏛️ Punishment
Upon conviction, the offender may be sentenced to:
Imprisonment (simple or rigorous) for up to 6 months,
Fine up to ₹5,000,
Or both. (sudhirrao.com)
🔍 Additional Details
Cognizable offence: Police can arrest without warrant.
Bailable: The accused is eligible for bail.
Triable by: Magistrate (typically, a first-class magistrate or similar). (lawrato.com, devgan.in)
📊 Summary Table
| Element | Details |
|---|---|
| What it covers | Rash/negligent acts involving poisonous substances |
| Mental element | Awareness or negligence regarding safety precautions |
| Penalty | Up to 6 months' jail, ₹5,000 fine, or both |
| Cognizability | Cognizable — police can act immediately |
| Bail | Bailable |
| Court | Magistrate-level trials |
👥 Example Scenario
A laboratory worker negligently leaves a container of toxic chemicals unlabelled and unsecured. If someone gets injured or there's a risk of serious harm, they could be prosecuted under Section 286 for failing to safeguard the substance properly.
🧭 Relation to Other Provisions
This section aligns with IPC Section 284, which deals with similar misconduct. The BNS modifies and renumbers these offences but maintains substance and penalties.
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