Sections 280–289 IPC vs Sections 282–291 BNS — Rash Navigation, Unsafe Vessels, Obstruction and Negligent Conduct with Dangerous Things

In India, Sections 282 to 291 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the public-safety offences in Sections 280 to 289 of the Indian Penal Code, 1860 (IPC) from 1 July 2024. Prison terms are unchanged, but fines rise, exhibiting a false light now carries a compulsory fine of at least ₹10,000, and the building offence extends to construction.

At a glance

All imprisonment above is "of either description". With every "Ditto" traced, the CrPC First Schedule classified Sections 280 to 289 IPC exactly as the BNSS classifies their BNS counterparts. None of these offences is compoundable under Section 320 CrPC or Section 359 BNSS.

What changed

Substantive changes

• Modified — Section 283 (IPC 281): "imprisonment of either description for a term which may extend to seven years, or with fine, or with both" becomes "... seven years, and with fine which shall not be less than ten thousand rupees". The fine becomes compulsory with a floor; on a reading of the text, the court can no longer impose fine alone.
• Expanded — Section 290 (IPC 288): "in pulling down or repairing any building" becomes "in pulling down, repairing or constructing any building". The heading adds "or constructing buildings, etc."
• Modified — fine caps: rash navigation (282) ₹1,000 → ₹10,000; unsafe or overloaded vessel (284) ₹1,000 → ₹5,000; obstruction of public way (285, fine only) ₹200 → ₹5,000; poison (286), explosives (288), machinery (289), buildings (290) and animals (291) ₹1,000 → ₹5,000; fire (287) ₹1,000 → ₹2,000.

Minor edits

• Sections 290 and 291: "omits to take such order with that building" / "with any animal" becomes "omits to take such measures". Sections 286 to 289 keep "take such order".
• Section 286 (IPC 284): "guard against probable danger" becomes "guard against any probable danger", matching the wording already used in the fire, explosive and machinery offences; the comma before "or knowingly" is dropped.
• Sections 287 and 289 (IPC 285, 287): the comma before "or knowingly or negligently omits" is dropped (Section 288 keeps it).
• Section 285 (IPC 283): "shall be punished, with fine" loses its comma.

Omitted: the India Code IPC text prints a Himachal Pradesh State amendment (Act 15 of 2006) adding Section 289-A, feeding monkeys in public places. The BNS as enacted has no such section.

Statutory text (relevant extract)

Extract, Section 281 IPC (repealed from 1 July 2024):

... shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Extract, Section 283 BNS:

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees.

Extract, Section 290 BNS:

Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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.

How it works

Rash or negligent navigation and unsafe vessels (Sections 282 and 284) — Section 282 needs navigation "in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person". Section 284 needs conveying a person by water "for hire" (or causing it) in a vessel "in such a state or so loaded as to endanger the life of that person", done "knowingly or negligently".

False light, mark or buoy (Section 283) — exhibition, with intention or knowledge that it is likely to "mislead any navigator". No harm need follow.

Obstruction (Section 285) — an act, or an omission "to take order with any property in his possession or under his charge", that "causes danger, obstruction or injury to any person in any public way or public line of navigation". It is punishable with fine only.

Dangerous things (Sections 286 to 291) — each section has two limbs.

1. Act limb (poison, fire, explosives, machinery): doing an act with the thing "so rashly or negligently" (for poison, "in a manner so rash or negligent") as to endanger human life or be likely to cause hurt or injury.
2. Omission limb (all six): "knowingly or negligently" omitting to take such order (buildings and animals: "such measures") with the thing in one's possession (machinery: "or under his care") as is sufficient to guard against probable danger to human life. For animals, the danger may also be "probable danger of grievous hurt". For buildings, the danger is from the fall of the building or part of it during demolition, repair or construction.

Neither limb requires that anyone is actually hurt. Where hurt, grievous hurt or death follows, the neighbouring provisions apply: Section 125 BNS (act endangering life or personal safety of others, with higher punishment where hurt or grievous hurt is caused) and Section 106(1) BNS (causing death by a rash or negligent act not amounting to culpable homicide, up to five years and fine).

What this means in practice

For factory occupiers, contractors and site managers

• Section 290 now reaches construction sites, not only demolition and repair. The duty is to take "such measures" as are sufficient to guard against probable danger from the fall of the building or any part of it.
• Kurban Hussein (below) shows how a breach of licence conditions on fire and storage was used to establish the omission limb of the fire offence even though no conviction for causing death could stand.
• Machinery (Section 289) and building (Section 290) offences are non-cognizable; fire (Section 287), explosives (Section 288) and poison (Section 286) are cognizable.

For boat operators and port users

• Rash navigation carries a fine of up to ₹10,000 (Section 282). Carrying passengers for hire in an unsafe or overloaded vessel carries up to six months or ₹5,000 (Section 284). A false light, mark or buoy now attracts a minimum fine of ₹10,000 in addition to imprisonment (Section 283), triable by a Magistrate of the first class.

For animal owners and dairy operators

• Section 291 applies to animals "in his possession". Nisha (below) noted it in a stray-cattle death case; the Court's remedy in that case was compensation, not prosecution.

For complainants and investigating officers

• These are all bailable offences punishable with up to six months (except Section 283, up to seven years, and Section 285, fine only). Where death results, the charge to consider is Section 106(1) BNS, which requires that the rash or negligent act caused the death (see Kurban Hussein on the equivalent words of Section 304A IPC).

Judgments that still matter

Kurban Hussein Mohammedali Rangwalla v. State of Maharashtra, [1965] 2 S.C.R. 622 — 15 December 1964. K.N. Wanchoo and J.R. Mudholkar JJ. considered the conviction of the managing partner of a paint and varnish factory where a fire killed seven workmen. The Court set aside his conviction under Section 304A IPC, holding that the direct and proximate cause of the fire was a workman's act in pouring turpentine too early, not the appellant's act in allowing burners in the storage room (report page 626). It upheld his conviction under Section 285 IPC: lighting burners in breach of the general and special conditions of his storage licence, 8 to 10 feet from stored turpentine and varnish, amounted to knowingly or negligently omitting to take such order with fire and combustible matter as was sufficient to guard against probable danger to human life, and the fact that no similar accident had happened before did not show the danger was not "probable" (report page 629). The appeal was partly allowed. Section 287 BNS repeats the operative words of Section 285 IPC, and Section 106(1) BNS repeats "by doing any rash or negligent act not amounting to culpable homicide" from Section 304A; on a reading of the text, the reasoning carries over.

Nisha v. Municipal Council Sangrur & Ors., 2026 INSC 774 — 31 July 2026. Sanjay Karol and Nongmeikapam Kotiswar Singh JJ. heard a widow's appeal for compensation after her husband was hit by a stray bull in 2007. Discussing animals let out to graze, the Court noted that "Section 289 of the Indian Penal Code, 1860 and Section 291 in the corresponding new Code" provide for fine or imprisonment where a person fails to protect human lives from animals in their care, and asked whether that answers the needs of the injured or the family of the deceased (para 23). It allowed the appeal, awarded a lump sum of ₹15 lakh — stating that the order "shall not be treated as a precedent" (para 25) — and made suggestions to the Centre and States on compensation mechanisms, tagging of animals and shelters (para 26). The judgment does not construe the ingredients of Section 291.

No Supreme Court judgment construing Sections 282 to 291 BNS was found in the corpus searched for this page.

Which law applies to your case

Section 358(2) BNS preserves any penalty or punishment incurred under the IPC and allows proceedings to be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that text, conduct before 1 July 2024 is charged under Sections 280 to 289 IPC. Proceedings pending on that date continue under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars a penalty greater than the law in force at the time of the offence; on a reading of that Article, the higher fines and the minimum fine in Section 283 cannot be applied to earlier conduct, and constructing a building before 1 July 2024 falls outside Section 288 IPC, which covered only pulling down and repairing. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Sections 280 to 289 IPC? Sections 280 to 289 IPC are now Sections 282 to 291 of the Bharatiya Nyaya Sanhita, 2023, in the same order, each IPC number plus two. Section 285 IPC (negligent conduct with fire or combustible matter) is Section 287 BNS, Section 286 IPC (explosives) is Section 288 BNS and Section 289 IPC (animals) is Section 291 BNS. Section 279 IPC, rash driving, is Section 281 BNS.

What is the punishment for negligence with fire under the BNS? Section 287 BNS punishes doing any act with fire or combustible matter so rashly or negligently as to endanger human life or be likely to cause hurt or injury, or knowingly or negligently omitting to take such order with fire or combustible matter in one's possession as is sufficient to guard against any probable danger to human life. The punishment is imprisonment of either description up to six months, or fine up to two thousand rupees, or both. Section 285 IPC capped the fine at one thousand rupees.

What changed in the offence of exhibiting a false light, mark or buoy? Section 283 BNS keeps the seven-year maximum of Section 281 IPC but replaces "or with fine, or with both" with "and with fine which shall not be less than ten thousand rupees". The fine is now compulsory and has a floor of ten thousand rupees. On a reading of the text, imprisonment is no longer an alternative to fine but is imposed together with it. The offence remains cognizable, bailable and triable by a Magistrate of the first class.

Does Section 290 BNS cover construction work? Yes. Section 288 IPC applied to a person "in pulling down or repairing any building". Section 290 BNS applies to a person "in pulling down, repairing or constructing any building" who knowingly or negligently omits to take such measures as are sufficient to guard against probable danger to human life from the fall of the building or any part of it. The maximum is six months, or fine up to five thousand rupees, or both.

Are these public-safety offences cognizable and bailable? All of Sections 282 to 291 BNS are bailable under the BNSS First Schedule. Negligent conduct with machinery (Section 289) and with buildings (Section 290) are non-cognizable; the others are cognizable. Section 283 is triable by a Magistrate of the first class and the rest by any Magistrate. The CrPC First Schedule classified Sections 280 to 289 IPC the same way.

Is an owner liable if a stray or grazing animal injures someone? Section 291 BNS punishes a person who knowingly or negligently omits to take such measures with any animal in his possession as are sufficient to guard against probable danger to human life, or probable danger of grievous hurt, from the animal, with up to six months, or fine up to five thousand rupees, or both. In Nisha v. Municipal Council Sangrur (2026 INSC 774), the Supreme Court noted this provision while awarding compensation for a death caused by a stray bull and suggested compensation mechanisms to the Centre and States.

Which law applies to negligent conduct before 1 July 2024? Section 358(2) BNS saves any penalty or punishment incurred under the IPC and allows proceedings to continue as if it had not been repealed, so, on a reading of that text, conduct before 1 July 2024 is charged under Sections 280 to 289 IPC. Article 20(1) of the Constitution bars a penalty greater than the law then in force; on a reading of that Article, the higher BNS fines and the compulsory minimum fine in Section 283 cannot be applied to earlier conduct.

Related

• Rash driving: IPC 279 vs BNS 281
• Death by negligence: IPC 304A vs BNS 106
• Public health and adulteration: IPC 269-278 vs BNS 271-280
• Public nuisance: IPC 268, 290, 291 vs BNS 270, 292, 293
• Offence before 1 July 2024 — which law applies
• IPC to BNS master table

Sources

• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 106(1), 125, 281 to 291 and 358.
• Indian Penal Code, 1860 (India Code text): Sections 279 to 289, with the Himachal Pradesh State amendment inserting Section 289-A.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 359 and 531, and the First Schedule entries for Sections 281 to 291 BNS.
• Code of Criminal Procedure, 1973: Section 320 and the First Schedule entries for Sections 279 to 289 IPC.
• Constitution of India: Article 20(1).
• Judgments read in full text: Kurban Hussein Mohammedali Rangwalla v. State of Maharashtra (1965_2_622_629_EN.md); Nisha v. Municipal Council Sangrur (Diary_5159-2026_Judgment.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.