Code: Section 285 BNS
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.
Explanation of Section 285 BNS
Section 285 of the Bharatiya Nyaya Sanhita (BNS), 2023 is designed to prevent obstructions or dangers in public spaces, including roads, pathways, waterways, and navigation lines. This section ensures that individuals maintain public safety by avoiding acts or omissions that could result in accidents or hazards.
Key Features:
- Offense: Creating danger, obstruction, or injury in public spaces.
- Act or Omission: Applies to both active actions and negligent failures to act.
- Scope: Covers public ways (roads, streets) and lines of navigation (rivers, canals, ports).
- Punishment:
- Fine: Up to ₹5,000
Illustration of Section 285 BNS
- Blocked Road:
Arjun leaves a large pile of construction debris in the middle of a busy road, causing traffic jams and accidents. - Unsecured Boat:
Meera, who owns a boat, neglects to tie it properly in a river, causing it to drift and obstruct navigation, leading to a collision with another boat. - Dangerous Installation:
Ravi installs a streetlight pole without proper safety markings, causing accidents at night when people trip over the unmarked pole.
Common Questions About Section 285 BNS
1. What does “public way” mean under this section?
- Answer: Roads, streets, footpaths, and any space meant for public movement.
2. What are examples of “lines of navigation”?
- Answer: Rivers, canals, ports, docks, and other waterways used for transportation.
3. Is it necessary to prove intent for punishment?
- Answer: No, the law applies even if the danger was caused due to negligence or omission, not just intentional acts.
4. Can I be fined if I accidentally cause obstruction?
- Answer: Yes, if the act or omission is negligent and results in public danger or obstruction.
5. What should I do if I notice a hazard in a public way or waterway?
- Answer: Report the hazard to local authorities immediately to prevent accidents.
Conclusion
Section 285 of the Bharatiya Nyaya Sanhita (BNS), 2023 emphasizes the importance of maintaining public safety. It holds individuals accountable for both harmful actions and negligent omissions that could endanger public life or hinder movement.
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