Bharatiya Nyaya Sanhita, 2023
Section 286 BNS: Negligent Conduct with Respect to Poisonous Substance
Section 286 of the Bharatiya Nyaya Sanhita, 2023 deals with rash or negligent conduct involving poisonous substances and with knowing or negligent failure to take sufficient precautions against probable danger to human life from a poisonous substance in a person's possession. This page explains the statutory text, essential ingredients, punishment and procedural classification of the offence.
Section 286 BNS - Statutory Provision
286. Negligent conduct with respect to poisonous substance.
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, 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.
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 286
Section 286 addresses two broad forms of conduct involving a poisonous substance. First, it covers an act done with a poisonous substance in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury. Second, it covers a knowing or negligent omission to take sufficient precautions with a poisonous substance in the person's possession to guard against probable danger to human life.
The provision therefore applies not only to an unsafe positive act but also to a failure to properly secure, manage or control a poisonous substance where the statutory requirements are met.
Essential Ingredients of an Offence under Section 286 BNS
Depending on the branch of the provision relied upon, the principal elements include:
- The conduct must involve a poisonous substance.
- There must be a rash or negligent act with the poisonous substance that endangers human life or is likely to cause hurt or injury; or
- There must be a knowing or negligent omission to take sufficient order or precautions with a poisonous substance in the accused person's possession.
- In the omission branch, the precautions omitted must be such as are sufficient to guard against probable danger to human life from the poisonous substance.
Punishment, Bail and Court Jurisdiction
Section 286 provides imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 5,000, or both.
| BNS Section | Section 286 |
|---|---|
| Offence | Negligent conduct with respect to poisonous substance |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 5,000 |
| 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 286 BNS substantially carries forward the subject matter previously dealt with under Section 284 of the Indian Penal Code, 1860, while the BNS provision prescribes a maximum fine of 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 particular facts and evidence.