Bharatiya Nyaya Sanhita, 2023
Section 287 BNS: Negligent Conduct with Respect to Fire or Combustible Matter
Section 287 of the Bharatiya Nyaya Sanhita, 2023 deals with rash or negligent conduct involving fire or combustible matter and with knowing or negligent failure to take sufficient precautions against probable danger to human life from fire or combustible matter in a person's possession. This page explains the statutory text, essential ingredients, punishment and procedural classification.
Section 287 BNS - Statutory Provision
287. 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.
The statutory text above is reproduced for legal reference. For authoritative use, consult the official text of the Bharatiya Nyaya Sanhita, 2023.
Meaning and Scope of Section 287
Section 287 covers two broad forms of unsafe conduct. The first is a rash or negligent act involving fire or combustible matter that endangers human life or is likely to cause hurt or injury to another person. The second is a knowing or negligent omission to take sufficient precautions with fire or combustible matter in a person's possession to guard against probable danger to human life.
The provision therefore deals both with active misuse or unsafe handling and with a failure to properly manage or secure fire or combustible material where the statutory threshold of danger is satisfied.
Essential Ingredients of an Offence under Section 287 BNS
Depending on the part of the provision relied upon, the principal ingredients include:
- The conduct must involve fire or combustible matter.
- There must be an act done rashly or negligently that endangers human life or is likely to cause hurt or injury to another person; or
- There must be a knowing or negligent omission to take sufficient order or precautions with fire or combustible matter in the accused person's possession.
- In the omission branch, the omitted precautions must be sufficient to guard against probable danger to human life from the fire or combustible matter.
Punishment, Bail and Court Jurisdiction
Section 287 provides imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 2,000, or both.
| BNS Section | Section 287 |
|---|---|
| Offence | Negligent conduct with respect to fire or combustible matter |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 2,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The procedural classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. For the purposes of that Schedule, "cognizable" signifies that a police officer may arrest without warrant.
Legal Reference
Section 287 BNS substantially carries forward the subject matter previously dealt with under Section 285 of the Indian Penal Code, 1860. The BNS provision prescribes imprisonment up to six months, fine up to Rs. 2,000, or both.
For an actual case, the applicable substantive and procedural law should be checked with reference to the date of the alleged act, relevant repeal and saving provisions, and the particular facts and evidence.