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Bharatiya Nyaya Sanhita, 2023 Chapter XV · Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
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Bharatiya Nyaya Sanhita, 2023 — Section 286

Negligent Conduct with Respect to Poisonous Substance

Section 286 punishes a person who does an act with a poisonous substance so rashly or negligently as to endanger human life or be likely to cause hurt or injury to another, or who knowingly or negligently fails to take sufficient precautions with a poisonous substance in his possession. The punishment is imprisonment of up to six months, or a fine of up to ₹5,000, or both. It is the Bharatiya Nyaya Sanhita's version of IPC Section 284, with the maximum fine raised from ₹1,000 to ₹5,000.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 286 is marked Substantively changed — it descends from one section of the old Indian Penal Code, 1860, but the maximum fine has been raised:

BNS 286CoversIPC, 1860 equivalentCategory
286Negligent Conduct with Respect to Poisonous SubstanceS.284 “Negligent Conduct with Respect to Poisonous Substance”Substantively changed

The description of the offence and the jail term are the same in both Acts: imprisonment of either description for a term which may extend to six months, or fine, or both. IPC Section 284 allowed a fine which may extend to one thousand rupees; BNS Section 286 allows a fine which may extend to five thousand rupees. A small drafting difference also appears in the omission limb: IPC Section 284 reads “sufficient to guard against probable danger to human life”, whereas BNS Section 286 reads “sufficient to guard against any probable danger to human life”. The BNS text also has no comma after “injury to any person” where the IPC has one (“hurt or injury to any person, or knowingly or negligently omits”). No other ingredient was added or removed. The maximum fine therefore rises from ₹1,000 to ₹5,000.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment: imprisonment of either description for up to 6 months, or fine up to ₹5,000, or both.
Cognizable · Bailable · not compoundable (the offence appears in neither compounding table of BNSS Section 359) · triable by any Magistrate.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Section 286 addresses the handling and safekeeping of poisons. It has two limbs. The first is an act: doing something with a poisonous substance in a manner so rash or negligent that it endangers human life or is likely to cause hurt or injury to any person. The Sanhita does not define “rash” or “negligent” in Section 2 or in this section; in ordinary usage, rash conduct is often described as acting in disregard of a risk, and negligent conduct as failing to take the care that would ordinarily be expected. The second limb is an omission: knowingly or negligently failing to take such order with a poisonous substance in his possession as is sufficient to guard against any probable danger to human life from it. The omission limb applies only to a person who has the substance in his possession, and the standard is what is sufficient to guard against probable danger — not every conceivable danger.

The offence is complete without any actual poisoning. It punishes the risky conduct or the inadequate safekeeping itself, before anyone is necessarily poisoned, and the text speaks of endangering life or being likely to cause hurt or injury. The section's words do not restrict who may possess the substance, so on its words it can apply to any person. The punishment is imprisonment of either description (simple or rigorous) for up to six months, or a fine of up to ₹5,000, or both. Under the BNSS First Schedule the offence is cognizable (the police may arrest without a warrant), bailable, and triable by any Magistrate. It appears in neither compounding table of BNSS Section 359, so it is not compoundable.

The section should be kept apart from neighbouring provisions. If poison is given to a person, that raises different offences elsewhere in the Sanhita (for example Section 123 on causing hurt by means of poison, etc.); Section 286 is about negligent handling or safekeeping, not intent to harm. Section 125 punishes any rash or negligent act endangering human life or personal safety generally; Section 286 is worded around poisonous substances. Similar specific provisions cover fire (Section 287), explosives (Section 288) and machinery (Section 289).

Illustration (Lexovia's Own Example)
A pest-control operator keeps a drum of concentrated pesticide, a substance capable of causing death if swallowed, in an open, unlabelled shed beside a village schoolyard, with the door unlatched, knowing that children play there. A child opens the drum, and is taken ill after touching and tasting the liquid. The operator has knowingly or negligently omitted to take such order with a poisonous substance in his possession as was sufficient to guard against probable danger to human life, and is liable under Section 286.
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Related / Cross-Referenced Sections

FAQs

Do I need to have caused actual harm to be punished under Section 286?

No. The section covers an act that endangers human life or is likely to cause hurt or injury, and an omission to take sufficient precautions against probable danger to human life. Actual injury is not a required ingredient, although if harm does result, other sections may also be looked at.

Is Section 286 bailable, and which court tries it?

Under the First Schedule to the BNSS it is cognizable and bailable, triable by any Magistrate. Bail can therefore be claimed as a matter of right (BNSS Section 478). It is not compoundable under BNSS Section 359.

What is the difference between the two limbs of Section 286?

The first limb punishes a rash or negligent act done with a poisonous substance that endangers life or is likely to cause hurt or injury. The second punishes a knowing or negligent omission to take sufficient order with a poisonous substance that is in the offender's possession. Either limb is enough to complete the offence.

Does Section 286 apply if the poisonous substance is not in my possession?

The omission limb applies only to a substance in the offender's possession. The act limb is worded differently: it applies to anyone who does an act with a poisonous substance in a manner so rash or negligent as to endanger human life or be likely to cause hurt or injury.

How is Section 286 different from IPC Section 284?

The description of the offence and the maximum jail term (six months) are unchanged. The difference is the maximum fine, which rises from ₹1,000 to ₹5,000.

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