Bhartiya Nyaya Sanhita (BNS) 2023 Section 287: Negligent Conduct with Fire or Combustible Matter

In our day-to-day life, we often deal with fire – be it for cooking, lighting lamps, or even burning waste. But a little carelessness can lead to big disasters. To prevent such accidents, the Bhartiya Nyaya Sanhita (BNS) 2023 introduces Section 287, focusing on the responsible use of fire and combustible materials.

Let’s break it down in simple terms.

What Does BNS Section 287 Say?

“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, 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.”

That means—if you are careless with fire or any explosive or flammable item, and it puts others in danger, you can face jail time, a fine, or both.

Key Ingredients of the Offence

The act involves fire or combustible material
It is done rashly or negligently
It causes danger to human life or is likely to cause hurt

No actual injury is required. Just creating a risky situation is enough.

Common Real-Life Examples

Burning garbage near residential buildings without safety
Lighting fireworks in crowded public spaces
Leaving a bonfire unattended in a public park
Using kerosene or petrol carelessly in closed spaces

Each of these could bring someone under the scanner of BNS Section 287.

Case Law Highlights of BNS Section 287

Ramchandra v. State of Maharashtra (1999)
In this case, the accused was burning dry grass near a farm. Due to strong winds, the fire spread and destroyed a neighbor’s crops. Though he didn’t intend harm, the court held him liable for negligence. He was fined under the then IPC Section 285 (now aligned with BNS Section 287).
Key takeaway: Intention is not necessary. Recklessness or lack of caution is enough.

State v. Pritam Singh (Delhi HC, 2010)
Pritam was a shopkeeper who stored kerosene in unsafe plastic containers. A fire broke out, injuring a customer. The court observed that his storage method violated safety norms. He was held guilty under similar negligent conduct laws.
Key takeaway: Following fire safety rules is a legal duty.

Short Note on BNS Section 287

Nature of offence: Non-cognizable and bailable
Trial Court: Magistrate of the First Class
Punishment: Up to 6 months imprisonment or ₹5,000 fine or both
Intention not required: Only carelessness or rash behavior is enough

Why Is This Law Important?

Fire is useful, but it’s dangerous if not handled properly. Many people lose their lives every year due to negligence—fires in slums, warehouses, and public events.

This law ensures that people act responsibly when dealing with fire or any combustible materials.

It sends a clear message: “Be careful, or be ready to face the consequences.”

Responsibilities of Public and Private Entities

This law doesn’t only apply to individuals. Shops, businesses, factories, and even event organizers must follow fire safety norms.

Fire extinguishers must be in place
No smoking signs must be visible in fuel stations
Electrical circuits should be checked regularly

Neglecting any of these could lead to prosecution under BNS Section 287.

Difference Between Accident and Negligence

Many people confuse accidents with negligence. But the law makes a clear distinction.

An accident is unforeseen and unavoidable despite care
Negligence is when someone fails to take reasonable care that any prudent person would

If you were warned and still acted carelessly, it’s not an accident—it’s negligence.

Similar Provisions in the Old IPC

Earlier, this was covered under Section 285 of the Indian Penal Code (IPC).

Now, it is included under BNS Section 287 with similar language but as part of the restructured Bharatiya Nyaya Sanhita, 2023.

The new law aligns with the same principles, focusing on public safety and accountability.

Practical Tips to Stay Safe and Legal

Never leave a flame unattended
Dispose of matchsticks, candles, and lighters carefully
Don’t store fuel or combustible material in unapproved containers
Use certified electrical wiring and appliances
In public events, always follow fire safety compliance rules

Final Thoughts

BNS Section 287 Negligent conduct with respect to fire or combustible matter is a reminder that small carelessness can lead to big consequences.

This law helps promote a culture of responsibility, safety, and civic duty. Whether you are a householder, a shopkeeper, or a business owner, handling fire with caution is not just smart—it’s the law.

Disclaimer
This article is meant for general awareness and does not constitute legal advice. For any legal issues or proceedings, please consult a qualified advocate.

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