Bharatiya Nyaya Sanhita, 2023
Section 285 BNS: Danger or Obstruction in Public Way or Line of Navigation
Section 285 of the Bharatiya Nyaya Sanhita, 2023 deals with acts, or omissions concerning property in a person's possession or charge, that cause danger, obstruction or injury to any person in a public way or public line of navigation. This page explains the statutory text, essential ingredients, punishment and procedural classification of the offence.
Section 285 BNS - Statutory Provision
285. 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 five thousand rupees.
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 285
Section 285 addresses conduct that interferes with safe use of a public way or a public line of navigation. The offence may arise from a positive act or from an omission to take proper order with property that is in the accused person's possession or under that person's charge.
The consequence contemplated by the section is the causing of danger, obstruction or injury to any person in the relevant public way or public line of navigation. The provision therefore focuses both on unsafe acts and on failures to properly manage property under a person's control where those failures create the prohibited consequence.
Essential Ingredients of an Offence under Section 285 BNS
On the language of Section 285, the principal elements are:
- The accused must do an act, or omit to take order with property in his possession or under his charge.
- The conduct must cause danger, obstruction or injury.
- The danger, obstruction or injury must be caused to a person.
- The relevant place must be a public way or a public line of navigation.
Punishment, Bail and Court Jurisdiction
Section 285 provides a monetary punishment only: fine which may extend to Rs. 5,000.
| BNS Section | Section 285 |
|---|---|
| Offence | Causing danger or obstruction in public way or line of navigation |
| Punishment | Fine up to Rs. 5,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The above procedural classification is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The Schedule explains that "cognizable" means that a police officer may arrest without warrant for the purposes of that classification.
Legal Reference
Section 285 BNS substantially carries forward the subject matter previously addressed by Section 283 of the Indian Penal Code, 1860, while increasing the maximum fine to Rs. 5,000.
For an actual case, the applicable substantive and procedural law should be checked with reference to the date of the alleged act, the repeal and saving provisions, and the facts of the matter.