IPC Section 285 and BNS Section 287: Negligent Conduct with Fire or Combustible Matter
Negligent handling of fire or combustible materials can put human life at risk. This guide explains the former Section 285 of the Indian Penal Code, 1860, and the corresponding Section 287 of the Bharatiya Nyaya Sanhita, 2023.
What did IPC Section 285 provide?
Section 285 of the Indian Penal Code punished a person who handled fire or combustible matter so rashly or negligently as to endanger human life or make hurt or injury to another person likely. It also covered a knowing or negligent failure to take sufficient precautions concerning fire or combustible matter in that person's possession to guard against probable danger to human life.
The original provision prescribed imprisonment of either description for up to six months, or a fine up to Rs. 1,000, or both.
BNS Section 287: Current corresponding law
Section 287 of the Bharatiya Nyaya Sanhita, 2023, is titled Negligent conduct with respect to fire or combustible matter. It addresses both unsafe affirmative acts involving fire or combustible materials and knowing or negligent omissions to take adequate precautions when such materials are in a person's possession.
Under Section 287 BNS, the punishment is imprisonment of either description for up to six months, or a fine up to Rs. 2,000, or both. The maximum imprisonment remains the same as under IPC Section 285, but the maximum fine has increased.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) for the statutory wording.
Essential ingredients of the offence
- Fire or combustible matter: The conduct concerns fire or material capable of burning.
- Rash or negligent act: The person acts in a way that endangers human life or is likely to cause hurt or injury to another person; alternatively, the person knowingly or negligently fails to take adequate precautions for fire or combustible matter in their possession.
- Risk of harm: The required danger or likelihood of injury must be established from the circumstances.
- Evidence: The manner of handling, foreseeable risks, available precautions and surrounding facts are relevant to assessing negligence.
An actual injury is not invariably necessary where the prosecution proves the danger or likelihood of injury described in the section. Mere presence of fire or combustible matter, without the required rashness, negligence or omission, does not by itself establish the offence.
IPC Section 285 versus BNS Section 287
| Point | IPC Section 285 | BNS Section 287 |
|---|---|---|
| Subject | Negligent conduct with fire or combustible matter | Same subject |
| Maximum imprisonment | Six months | Six months |
| Maximum fine | Rs. 1,000 | Rs. 2,000 |
| Relevant period | Earlier IPC regime; saved proceedings and prior conduct as applicable | New criminal law regime from 1 July 2024 |
Is BNS Section 287 cognizable and bailable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence under Section 287 BNS is cognizable, bailable and triable by any Magistrate.
- Cognizable: Police may investigate a cognizable offence without first obtaining a Magistrate's order, subject to procedural requirements.
- Bailable: Bail is available as a matter of statutory right when applicable conditions are fulfilled.
- Triable by any Magistrate: The offence may be tried by a Magistrate with lawful jurisdiction.
See the official BNSS First Schedule published by NCRB.
Illustrative situations
- Carelessly using an open flame near readily combustible stock in a crowded place, creating a foreseeable danger to others.
- Leaving an accessible fire unattended where the circumstances require reasonable safety precautions.
- Failing to take adequate precautions when storing or using combustible matter in one's possession, creating a probable danger to human life.
These are illustrations, not automatic findings of guilt. Liability depends on the proven facts and all statutory elements. Serious injury, death or other conduct may engage additional legal provisions.
Complaints, investigation and evidence
Where an incident creates danger to people, immediate safety and emergency measures should take priority. A complaint may identify the location, nature of the combustible material, unsafe conduct, persons exposed to risk, witnesses and available records. Police and other competent authorities determine the applicable offences and procedures based on the evidence.
For related guidance, read how to register an FIR and options where police do not register an FIR. These older guides should be read alongside the current BNSS framework.
Frequently asked questions
What is the current equivalent of IPC Section 285?
Section 287 of the Bharatiya Nyaya Sanhita, 2023, addresses negligent conduct with fire or combustible matter for offences governed by the new law.
What is the punishment under BNS Section 287?
Imprisonment of either description up to six months, or a fine up to Rs. 2,000, or both.
Is BNS Section 287 bailable?
Yes. The BNSS First Schedule classifies it as cognizable and bailable, triable by any Magistrate.
Does an actual fire injury have to occur?
Not necessarily. The section also covers rash or negligent conduct that endangers human life or is likely to cause hurt or injury.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official Act text (India Code)
- BNS legislation record (India Code)
- BNSS First Schedule - NCRB, Ministry of Home Affairs
Legal information only. Application of the law depends on the date of the alleged offence, evidence, amendments and applicable procedural rules.