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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 288

Negligent Conduct with Respect to Explosive Substance

Section 288 punishes a person who does an act with an explosive 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 an explosive 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 286, 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 288 is marked Substantively changed — it descends from one section of the old Indian Penal Code, 1860, but the maximum fine has been raised:

BNS 288CoversIPC, 1860 equivalentCategory
288Negligent Conduct with Respect to Explosive SubstanceS.286 “Negligent Conduct with Respect to Explosive 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 286 allowed a fine which may extend to one thousand rupees; BNS Section 288 allows a fine which may extend to five thousand rupees. No ingredient of the offence 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 explosive substance, 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 explosive substance in his possession as is sufficient to guard against any probable danger to human life from that 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 288 regulates the careless handling and safekeeping of explosive substances. It is committed in either of two ways. The first is an act: doing something with any explosive substance so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person. The second is an omission: knowingly or negligently failing to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance. The omission limb, unlike the act limb, requires the substance to be in the accused's possession.

The section does not use the word “explosive substance” as a defined term; in ordinary usage it means a material capable of exploding. The offence is complete once life is endangered or hurt or injury is likely; no explosion or actual injury need occur. The punishment is imprisonment of either description 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 wording of Section 288 turns on rash or negligent conduct, or on a knowing or negligent omission, and not on an intention to harm; where an explosive is used intentionally to cause hurt or damage, other provisions of the Sanhita may need to be looked at. Section 288 is worded around rash or negligent handling of the substance itself. Section 287 is the parallel provision for fire and combustible matter, and Section 125 the general provision for rash or negligent acts endangering life.

Illustration (Lexovia's Own Example)
A fireworks seller stores several cartons of loose gunpowder-based crackers in an unventilated back room of a crowded market shop, and lets his assistant test-light a sparkler beside the open cartons. Sparks land near the cartons and the shopkeepers next door flee in panic. By doing an act with an explosive substance so rashly as to endanger human life, the seller (and the assistant, if he acted rashly or negligently) can be proceeded against under Section 288.
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Related / Cross-Referenced Sections

FAQs

Do I need to have caused actual harm to be punished under Section 288?

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 288 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 an explosion have to occur for Section 288 to apply?

No. The section is satisfied if the rash or negligent act endangers human life or is likely to cause hurt or injury, or if the omission leaves probable danger to human life unguarded against. An actual explosion is not an ingredient.

How is Section 288 different from Section 287?

Section 287 concerns fire and combustible matter, and carries a maximum fine of ₹2,000. Section 288 concerns explosive substances and carries a maximum fine of ₹5,000. Both have the same maximum jail term of six months.

How is Section 288 different from IPC Section 286?

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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