Code: Section 286 BNS
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.
Explanation of Section 286 BNS
Section 286 of the Bharatiya Nyaya Sanhita (BNS) addresses negligent or rash conduct involving poisonous substances. This section applies to individuals who:
- Perform negligent acts with poisonous substances that may endanger human life or cause injury.
- Fail to take necessary precautions to secure poisonous substances, leading to potential risks to human health.
The primary objective of this provision is to ensure that individuals handle hazardous substances with due care, thus preventing accidents or harm to others.
Illustration
Example 1: Rash Handling of Poisonous Substances
A factory worker carelessly leaves a container of toxic chemicals open in a public area. A child accidentally ingests the chemical, causing serious health issues. The worker may be charged under Section 286 BNS for negligent conduct.
Example 2: Failure to Secure Poisonous Substances
A person stores pesticides in an unsecured manner at home, leading to a spill that harms a neighbor’s pet. This individual could be punished under Section 286 BNS for negligence.
Common Questions and Answers on Section 286 BNS
1. What types of substances are covered under Section 286?
- Answer: This section applies to all poisonous substances, including chemicals, pesticides, toxic gases, and any other hazardous materials.
2. What does “negligent conduct” mean under Section 286?
- Answer: It refers to careless actions or omissions that ignore safety measures, such as improper handling, inadequate storage, or failure to secure poisonous substances.
3. What are the punishments under Section 286?
- Answer: The punishment includes imprisonment for up to six months, a fine up to five thousand rupees, or both.
4. Is intent required to be proven under Section 286?
- Answer: No, this section focuses on negligence rather than intent. Even if there was no harmful intention, negligent actions that pose a risk to human life are punishable.
Conclusion
Section 286 BNS is vital for maintaining safety standards when dealing with poisonous substances. It ensures accountability for careless practices that can lead to dangerous situations, promoting responsible handling and preventive measures in everyday life.
