Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Simplified Explanation
Section 287 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with negligent or rash conduct involving fire or combustible materials that endangers human life or may cause injury. The purpose of this section is to address actions or omissions involving fire or flammable materials that could lead to serious harm or risk to public safety. Here’s a detailed breakdown of this section:
1. Fire or Combustible Matter
- Fire: The section applies to any act involving fire. This could include open flames, burning materials, or anything that involves the use of fire in an unsafe manner.
- Combustible matter: This refers to materials or substances that are easily ignitable and can burn or catch fire. These could include:
- Flammable liquids (e.g., gasoline, alcohol).
- Explosive materials.
- Paper, wood, and other combustible materials that, if mishandled, could catch fire easily.
2. Rash or Negligent Acts
The section criminalizes acts involving fire or combustible materials that are rash or negligent:
- Rash conduct: This refers to reckless or careless actions, such as starting a fire without considering the risks, handling flammable materials carelessly, or leaving a fire unattended in an area where it could easily spread.
- Negligent conduct: This refers to failure to exercise reasonable care while dealing with fire or combustible materials, leading to a potential risk. For example, not properly extinguishing a fire, storing flammable substances improperly, or failing to secure fire-prone areas.
3. Endangering Human Life or Likely Causing Injury
The act, whether rash or negligent, must create a risk to human life or likely cause hurt or injury. The section applies to situations where fire or combustible materials are handled in such a way that they could result in harm to others, such as:
- Igniting a fire in a crowded area or in a place where it could spread easily, endangering lives.
- Spilling flammable liquids in a place where they could easily ignite, causing potential harm or injury to people nearby.
4. Omission to Take Proper Precautions
The section also covers situations where a person fails to take necessary precautions with fire or combustible materials. This could include:
- Leaving a fire unattended without ensuring it is fully extinguished.
- Improperly storing combustible materials, like keeping flammable liquids near heat sources or in places prone to ignition.
- Not installing proper safety measures (e.g., fire extinguishers, alarms, or barriers) when dealing with fire or combustible materials in areas of high risk.
5. Punishments and Penalties
If someone is found guilty of negligent or rash conduct involving fire or combustible materials, the following penalties apply:
- Imprisonment: The offender may be sentenced to imprisonment for up to six months, depending on the severity of the conduct and the danger caused.
- Fine: A fine of up to two thousand rupees may be imposed as an additional penalty.
- Both: In some cases, the court may impose both imprisonment and a fine, depending on the circumstances and the degree of harm caused.
6. Purpose of the Section
- Public Safety: The primary purpose of Section 287 is to protect the public from the dangers posed by fire and combustible materials. It ensures that individuals are held accountable for their actions or omissions that could lead to fire hazards, explosions, or other serious risks.
- Preventing Accidents: The law aims to prevent accidents by requiring people to handle fire and combustible substances with caution, taking appropriate precautions to avoid harm.
7. Examples of Offenses Under Section 287
- Example 1: A person carelessly discards a lit cigarette near a pile of dry leaves or combustible materials, starting a fire that spreads and puts nearby buildings at risk. This would be considered a rash act.
- Example 2: A factory owner fails to implement safety measures when storing flammable chemicals, which leads to an explosion, causing injuries to workers. This could be an example of negligence.
- Example 3: A person leaves a cooking fire unattended, and it spreads to the surrounding area, putting neighbors in danger. The failure to manage the fire properly would be considered negligent conduct.
8. Conclusion
Section 287 of the Bhartiya Nyaya Sanhita, 2023 addresses the criminal liability for negligent or rash conduct with respect to fire or combustible materials. It aims to prevent accidents and injuries by holding individuals accountable for mishandling fire or flammable substances in a way that could endanger human life. The section imposes a penalty of imprisonment (up to six months), a fine (up to two thousand rupees), or both, depending on the severity of the offense. This law reinforces the importance of taking proper safety measures and precautions when dealing with fire or combustible materials to ensure the safety of oneself and others.
