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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 287

Negligent Conduct with Respect to Fire or Combustible Matter

Section 287 punishes a person who does an act with fire or any combustible matter 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 fire or combustible matter in his possession. The punishment is imprisonment of up to six months, or a fine of up to ₹2,000, or both. It is the Bharatiya Nyaya Sanhita's version of IPC Section 285, with the maximum fine raised from ₹1,000 to ₹2,000.

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 287 is marked Substantively changed — it descends from one section of the old Indian Penal Code, 1860, but the maximum fine has been raised:

BNS 287CoversIPC, 1860 equivalentCategory
287Negligent Conduct with Respect to Fire or Combustible MatterS.285 “Negligent Conduct with Respect to Fire or Combustible Matter”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 285 allowed a fine which may extend to one thousand rupees; BNS Section 287 allows a fine which may extend to two thousand rupees. The BNS text also has no comma after “hurt or injury to any other person” where the IPC has one. No ingredient of the offence was added or removed. The maximum fine therefore rises from ₹1,000 to ₹2,000.

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 ₹2,000, 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 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.

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 287 deals with danger arising from fire and from combustible materials. Like its sister provisions, it has an act limb and an omission limb. Under the act limb, a person does something with fire or any combustible matter so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person. Under the omission limb, a person knowingly or negligently fails to take such order with any fire or combustible matter in his possession as is sufficient to guard against any probable danger to human life from it. Note that the act limb speaks of hurt or injury to “any other person”, so it is directed at danger to people other than the offender.

The section is concerned with risk to human life, not with damage to property as such. Damage to property by fire is not what this section speaks of, and other provisions of the Sanhita may need to be looked at for it. Punishment is imprisonment of either description for up to six months, or a fine of up to ₹2,000, or both. Of the four sister provisions (Sections 286 to 289), this has the lowest maximum fine. 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.

Keep the section separate from Section 288, which specifically concerns explosive substances; the section itself does not say how a substance that is both combustible and explosive is to be treated. Section 125 is the general provision for rash or negligent acts endangering life or personal safety, while Section 287 is the provision that speaks of fire and combustible matter.

Illustration (Lexovia's Own Example)
A tailor who keeps a large stock of cotton waste and a drum of kerosene in the narrow room below a residential floor lights an open stove beside the waste while leaving the shop unattended with the shutter half down. Sparks ignite the waste and the fire spreads to the staircase, endangering the families living above. By doing an act with fire and combustible matter so negligently as to endanger human life, he is liable under Section 287.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 287 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Kurban Hussein Mohammedali Rangwalla v. State of Maharashtra, [1965] 2 SCR 622 (Supreme Court of India, decided 15 December 1964, K.N. Wanchoo & J.R. Mudholkar, JJ.)

Quoted Paragraph (Verbatim)
p. 629 (SCR report pre-dates paragraph numbering)
“The use of naked fire could in conceivable circumstances even raise the temperature of the room itself above the flash point of turpentine and if the turpentine ever happened to be exposed it might easily catch fire. There was in our opinion therefore always a probable danger to human life by the appellant negligently or knowingly omitting to take proper care in the matter of the four burners and turpentine and varnish.”
What This Judgment Means (Lexovia's Commentary)

The appellant managed a Bombay factory making paints and varnish. It was licensed only for a cold process of making dry paints and for storing limited quantities of turpentine, varnish and paint, on conditions that barred any unauthorised fire in the room where those goods were kept. He nonetheless switched to making wet paint by heating rosin or bitumen over four burners, in the same room as the stored turpentine and varnish, about 8 to 10 feet away. On 20 April 1962, as a workman poured turpentine into a heated barrel, the mixture frothed over and the stored materials caught fire; seven workmen in the loft above were burnt to death. The appellant was convicted of causing death by a negligent act and of negligent conduct with fire or combustible matter.

The Supreme Court acquitted him of causing death by a negligent act, because the workman’s haste, not the appellant’s act, was the direct and proximate cause of the fire. It upheld the conviction under old Section 285 of the Indian Penal Code, which is now Section 287 of the Sanhita. The appellant had broken the licence conditions against lighting fire near combustible stores, so he had knowingly or negligently failed to take proper order with fire and combustible matter. The Court rejected the argument that years of work without an accident showed there was no “probable” danger: naked flame close to turpentine, which has a low flash point, was always a probable danger to the lives of those working in the room.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Do I need to have caused actual harm to be punished under Section 287?

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 287 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.

Does Section 287 cover damage to property caused by fire?

The section is aimed at endangering human life or being likely to cause hurt or injury to another person. Damage to property by fire is not what this section speaks of; other provisions of the Sanhita may need to be looked at for it.

What counts as “combustible matter” under Section 287?

The section does not define the term. In its ordinary sense it means material that catches fire and burns readily. Whether a particular material qualifies on the facts is a question for the court.

How is Section 287 different from IPC Section 285?

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 ₹2,000.

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