Bharatiya Nyaya Sanhita, 2023
Section 288 BNS: Negligent Conduct with Respect to Explosive Substance
Section 288 of the Bharatiya Nyaya Sanhita, 2023 deals with rash or negligent conduct involving explosive substances and with knowing or negligent failure to take sufficient precautions against probable danger to human life from an explosive substance in a person's possession. This page explains the statutory text, essential ingredients, punishment and procedural classification.
Section 288 BNS - Statutory Provision
288. Negligent conduct with respect to explosive substance.
Whoever does, with any explosive substance, 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 explosive substance in his possession as is sufficient to guard against any probable danger to human life from that 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 288
Section 288 addresses two principal forms of unsafe conduct involving explosive substances. The first is an act done rashly or negligently with an explosive substance in a manner 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 an explosive substance in a person's possession to guard against probable danger to human life.
The provision therefore covers both unsafe positive acts and failures to properly secure, store, handle or control explosive substances where the statutory requirements are satisfied.
Essential Ingredients of an Offence under Section 288 BNS
Depending on the part of the provision relied upon, the principal ingredients include:
- The conduct must involve an explosive substance.
- 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 an explosive substance in the accused person's possession.
- In the omission branch, the precautions omitted must be sufficient to guard against probable danger to human life from that explosive substance.
Punishment, Bail and Court Jurisdiction
Section 288 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 288 |
|---|---|
| Offence | Negligent conduct with respect to explosive 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.
Legal Reference
Section 288 BNS substantially carries forward the subject matter previously dealt with under Section 286 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, relevant repeal and saving provisions, and the particular facts and evidence.