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.
Simplified Explanation
Section 285 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the offense of causing danger, obstruction, or injury to people in public ways or public lines of navigation. This section criminalizes actions that endanger public safety in areas meant for public use, whether by causing obstructions or by failing to take proper care of property that could harm others. Here’s a detailed breakdown of the section:
1. Danger, Obstruction, or Injury in Public Way or Line of Navigation
- Public way: A public way refers to any road, street, path, or thoroughfare that is open and accessible to the general public. It can include sidewalks, streets, highways, or any passageway that people use for travel or transport.
- Public line of navigation: This refers to any waterway, route, or channel that is used for the movement of vessels, boats, or other forms of water transport. It includes rivers, canals, or sea lanes where people or goods are moved regularly.
2. Causing Danger, Obstruction, or Injury
The section covers situations where an individual’s actions or inactions create a risk or obstruction that affects others using public ways or waterways. These could include:
- Danger: Any action or failure to act that puts others at risk of harm. For example:
- Leaving sharp objects, debris, or hazardous materials in the middle of a public road or waterway, which could lead to accidents.
- Not maintaining safety signs or barriers in areas of construction, leading to potential accidents or injuries.
- Obstruction: Any action that blocks or hinders the safe movement of people or vehicles on a public way or waterway. For example:
- Parking illegally or leaving obstructions like fallen trees or debris on the road.
- Blocking public water routes with ships, unanchored vessels, or floating obstacles that prevent safe navigation.
- Injury: Causing harm to others by failing to take care of property under one’s control. This could involve:
- Negligently handling hazardous materials or machinery that leads to injuries on a public way.
- Failure to secure property (e.g., boats, vehicles, or construction materials) in a way that causes it to roll, fall, or drift, injuring passersby or people using the waterway.
3. Omission or Failure to Act
This section also applies to individuals who fail to take necessary precautions or take proper action to ensure that their property does not cause harm or obstruction. Examples include:
- Not repairing a broken fence on one’s property that protrudes onto a public street and causes a hazard to pedestrians or vehicles.
- Leaving machinery or equipment in a public space without proper safety measures, thereby endangering people.
- Failure to secure a vessel on a waterway, allowing it to drift into a public navigation route, potentially causing a hazard for other vessels.
4. Punishments and Penalties
If someone is found guilty of causing danger, obstruction, or injury in a public way or line of navigation, they can face the following punishment:
- Fine: The individual may be fined an amount of up to five thousand rupees. This fine serves as a deterrent against negligent actions that affect public safety.
- Scope of Penalty: The penalty applies irrespective of whether the individual intended to cause harm, as long as their actions or negligence result in danger or obstruction in public spaces. It covers both intentional acts and careless omissions that endanger the public.
5. Purpose of the Section
- Public Safety: The purpose of Section 285 is to protect the public by ensuring that people do not cause dangerous obstructions or create unsafe conditions in public ways or waterways. This section aims to prevent accidents or injuries that could occur due to neglect or careless handling of property in areas accessible to the public.
- Encouraging Responsible Conduct: By imposing fines for negligence and unsafe actions, the law encourages individuals to take responsibility for their property and to maintain safety in public areas and waterways.
6. Examples of Offenses Under Section 285
- Example 1: A person leaves debris or construction materials on a public road without marking or securing it, causing a car to crash. This would be considered a dangerous obstruction that puts public safety at risk.
- Example 2: A boat owner negligently leaves a boat unmoored in a busy waterway, causing it to drift and obstruct other vessels. This could result in a collision or delay, leading to a fine under this section.
- Example 3: A person leaves a broken fence or damaged sign on a public sidewalk, causing a pedestrian to trip and fall. This would be an example of negligence that leads to injury.
7. Conclusion
Section 285 of the Bhartiya Nyaya Sanhita, 2023 aims to protect public safety by penalizing those who cause danger, obstruction, or injury to others using public spaces, whether on roads or waterways. The section applies to both deliberate actions and negligent omissions that result in harm. Those found guilty may face a fine of up to five thousand rupees. This section underscores the importance of being responsible for one’s property and actions, particularly in areas that are accessible to the public.
