In a country like India, where our roads are filled with daytoday activities and traffic, the safety of everyone using these public spaces is incredibly important. Big number of accidents, from small public roads to major highways, often occur due to small acts of negligence by people around. BNS Sec. 285 is there to penalise those who cause these dangers due to their undisciplined acts and protect people from such risks, this law helps ensure that everyone can move freely and safely through our public spaces.
285. Danger or obstruction in public way or line of navigation
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.
Provision Explained:
Section 285 of The Bharatiya Nyaya Sanhita (BNS) deals with causing danger, obstruction, or injury to someone on a public road or in a public waterway. If a person, by either doing something or failing to manage their property properly, creates a risk or obstruction that affects others using a public road or waterway,
Punishment: Fined up to five thousand rupees.(Rs.500/-)
Ingredients of BNS Sec. 285 :
1. Action or Inaction: This section applies if someone does something or fails to do something they should have done.
2. Property Control: The person must have control over the property that caused the problem.
3. Causing Harm: The act or failure must lead to danger, obstruction, or injury to someone.
4. Public Area: The issue must occur on a public road or public waterway.
5. Fine: The penalty can be a fine of up to five thousand rupees.
BNS Sec. 285 Illustrations :
1. Construction Waste on a Road: A construction crew leaves piles of bricks or sand on a public road without putting up any warning signs. This could lead to accidents or block traffic, causing problems for people walking or driving on the road.
2. Parked Vehicle on a Narrow Lane: Someone parks their car carelessly on a narrow gali (lane), blocking the way for others. This could create a traffic jam or even cause an accident as other vehicles try to pass through.
3. Unsecured Water Tank: A homeowner places a large water tank on their roof without securing it properly. During heavy rain or strong winds, the tank might fall onto the public road, putting people passing by in danger.
4. Oil Spill on a Busy Road: A street vendor accidentally spills oil on a busy road and doesn’t clean it up. This negligence can cause vehicles to slip and lead to accidents.
5. Fallen Tree Branches After a Storm: After a storm, a tree branch falls onto a public road or footpath. The property owner doesn’t remove it, causing an obstruction that could lead to accidents or injuries to people walking or driving.
6. Garbage Blocking a Footpath: A shopkeeper throws garbage on a public footpath, blocking the way. This forces pedestrians to walk on the road, which could result in accidents.
These examples show how small acts of negligence in everyday life can create dangerous situations on our public roads and lanes. Legal provisions like Section 285 of the BNS are essential for everyone’s safety.
Comparison of BNS Sec. 285 with IPC Section 283:
Section 283 of the Indian Penal Code (IPC) also addresses causing danger or obstruction in public areas. However, the fine under the IPC is much lower, up to only two hundred rupees. The BNS increases this fine significantly, reflecting the current importance of public safety.
Notable Supreme Court and High Court Cases:
1. Case Name: M.C. Mehta v. Union of India (2019)
– Summary: The Supreme Court discussed the responsibility of individuals and authorities to prevent obstructions and dangers in public spaces. The Court emphasized that public safety is paramount and that strict penalties should be imposed to deter negligence.
2. Case Name: Municipal Corporation of Delhi v. Subhagwanti (1966)
– Summary: The Supreme Court interpreted similar provisions under the IPC, stressing that municipal authorities and private individuals must take reasonable care to prevent any public danger caused by properties under their control. Although this case predates the BNS, its principles remain relevant.
3. Case Name: State of Maharashtra v. M.S. Patil (2022)
– Summary: The Bombay High Court highlighted the increased fines under the BNS as a necessary step to ensure greater accountability. The Court ruled that the higher penalties are meant to reflect the seriousness of endangering public safety.
These cases shows how the courts interpret and apply Section 285, mentioning the importance of preventing any harm or obstruction in public spaces and the need for stringent penalties to enforce this responsibility
READ MORE : Section 126: Wrongful Restraint BNS, Section 127: Wrongful Confinement BNS, Sec. 111 and 112 of BNS: Organised crime
Summary:
Section 285 of the Bharatiya Nyaya Sanhita (BNS) is an important law that helps keep India’s busy roads and public places safe. In a country where our streets are full of people and activity, on these crowded roads even small acts of carelessness can lead to serious accidents. This section fines people up to five thousand rupees if they cause danger, obstruction, or injury in public areas because of their careless actions or failure to manage their property properly.
Everyday examples, like construction materials left on roads, vehicles parked carelessly in narrow lanes, or oil spills on busy streets, show how easily negligence can create dangerous situations. Laws like BNS Sec. 285 are essential for holding people responsible and ensuring everyone’s safety in public spaces.
Compared to the older Section 283 of the Indian Penal Code (IPC), which had a much lower fine, the BNS increases the penalty significantly. This shows a stronger focus on public safety, addressing the growing need to prevent risks in our public areas.
Recent court cases, such as M.C. Mehta v. Union of India and State of Maharashtra v. M.S. Patil, highlight the courts’ support for this law. These rulings stress that both individuals and authorities must take responsibility for keeping public spaces safe. The courts have made it clear that strict penalties are necessary to prevent negligence and ensure that everyone can move safely and freely in public areas.
Disclaimer:
The content of this article is intended for educational and informational purposes only and should not be construed as legal advice. While every effort has been made to ensure the accuracy of the information provided, the laws and their interpretations may change over time. Readers are advised to consult with a qualified legal professional for specific legal advice or assistance.