Section 336 IPC: Act Endangering Life or Personal Safety of Others
Section 336 of the Indian Penal Code, 1860, punished rash or negligent conduct that endangers human life or another person's safety, even where nobody is injured. Its corresponding current provision is the main part of Section 125 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Section 336 IPC: Original statutory text
336. Act endangering life or personal safety of others. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both.
This preserves the original provision. Section 336 deals with danger created by the act; actual injury is not an essential element.
Section 125 BNS: Corresponding current provision
Section 125 of the Bharatiya Nyaya Sanhita, 2023 addresses rash or negligent acts endangering human life or personal safety and expressly sets out three levels of consequence:
125. Act endangering life or personal safety of others. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, 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;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
The principal change from Section 336 IPC for an endangering act without injury is the increase in the maximum fine from Rs. 250 to Rs. 2,500. Section 125 BNS also consolidates the subject matter of Section 337 IPC and Section 338 IPC.
Essential ingredients of Section 336 IPC
- An act by the accused: There must be identifiable conduct attributable to the accused.
- Rashness or negligence: The conduct must be sufficiently rash or negligent in the criminal-law sense, assessed from the circumstances and applicable legal standards.
- Endangerment: The act must endanger human life or the personal safety of others; a purely theoretical or remote possibility is not necessarily enough.
- No injury requirement: The prosecution need not prove that hurt or grievous hurt actually occurred to establish the basic endangerment offence.
Meaning of rashness, negligence and personal safety
Rash act
A rash act generally involves proceeding despite awareness of a substantial and unjustified risk. Whether the conduct is criminally rash depends on the evidence, the degree of danger and the circumstances.
Negligent act
Criminal negligence generally involves a serious departure from the care reasonably required in the circumstances, not merely an ordinary mistake or every instance of civil negligence. The required degree of culpability is determined under applicable criminal-law principles.
Endangering life or personal safety
The provision protects people from dangerous conduct. The prosecution must establish the endangering nature of the act, even if no injury is ultimately sustained.
Hurt and grievous hurt
Hurt means causing bodily pain, disease or infirmity (see related IPC provisions). Grievous hurt covers specified serious injuries such as fracture or dislocation of a bone or tooth, subject to the statutory definitions. Under the BNS, refer to Sections 114 and 116 respectively.
Punishment: Section 336 IPC compared with Section 125 BNS
| Offence and provision | Maximum imprisonment | Maximum fine |
|---|---|---|
| Endangering life or safety: Section 336 IPC | 3 months | Rs. 250 |
| Endangering life or safety: main part of Section 125 BNS | 3 months | Rs. 2,500 |
| Hurt caused: Section 337 IPC / Section 125(a) BNS | 6 months under either law | Rs. 500 IPC / Rs. 5,000 BNS |
| Grievous hurt caused: Section 338 IPC / Section 125(b) BNS | 2 years IPC / 3 years BNS | Rs. 1,000 IPC / Rs. 10,000 BNS |
Each listed punishment is expressed as imprisonment or fine or both, as the relevant provision specifies. The applicable law depends on the date and facts of the alleged offence.
Practical illustrations
- Unsafe construction work: A person carelessly drops heavy materials from a height near pedestrians, putting them in real danger even if no one is struck.
- Dangerous handling of equipment: Reckless operation of machinery in a crowded area creates an immediate danger to nearby people.
- Injury resulting from danger: If the same rash or negligent conduct actually causes bodily pain or a fracture, the corresponding hurt or grievous-hurt provisions may become relevant.
These examples are illustrative only; whether a criminal offence is established depends on proof of all required elements. Particular conduct, such as driving on a public way, may also be covered by a more specific provision (for example, Section 281 BNS).
Difference between Sections 336, 337 and 338 IPC
Section 336 IPC focuses on danger to human life or safety. Section 337 IPC requires hurt caused by the rash or negligent act. Section 338 IPC requires grievous hurt. Under current law, these outcomes are addressed together by Section 125 BNS, with higher punishment where actual injury is caused.
Evidence and case assessment
Relevant evidence may include witness accounts, CCTV footage, photographs of the scene, inspection reports, safety instructions, expert assessments and, if injury occurs, medical records. A dangerous result alone does not automatically prove the accused's criminal rashness or negligence; the legal elements must be established on the facts.
Frequently asked questions
What is Section 336 IPC?
Section 336 IPC punishes doing an act so rashly or negligently as to endanger human life or the personal safety of others, even if no injury actually results.
What is the punishment under IPC Section 336?
Imprisonment of either description for up to three months, or a fine of up to Rs. 250, or both.
Which BNS provision corresponds to Section 336 IPC?
The main part of Section 125 of the Bharatiya Nyaya Sanhita, 2023. BNS Section 125(a) covers hurt and Section 125(b) covers grievous hurt caused by the rash or negligent act.
What is the punishment under BNS Section 125 without injury?
Imprisonment of either description for up to three months, or a fine of up to Rs. 2,500, or both.
Is actual injury required under Section 336 IPC?
No. The offence requires a rash or negligent act that endangers life or personal safety; proof of actual hurt is not necessary for this section.
How do IPC Sections 336, 337 and 338 differ?
Section 336 concerns endangerment without requiring injury; Section 337 applies when hurt results; Section 338 applies when grievous hurt results. BNS Section 125 combines these situations.
Does the IPC or BNS apply in 2026?
The BNS generally applies to conduct occurring on or after 1 July 2024, while earlier conduct may be governed by the IPC under savings and transitional provisions.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code Act PDF (Sections 114, 116, 125 and 281).
- India Code - Government of India legislation database (Indian Penal Code, 1860, Sections 336 to 338).
- Ministry of Home Affairs (official criminal-law implementation and notifications).
Updated 30 October 2026. This article is general legal information, not legal advice for an individual case. Verify the governing enactment and any amendments relevant to the date of the alleged conduct.