BNS Section 285 – Danger or obstruction in public way or line of navigation
The Indian Penal Code (IPC) Section – 283
Understanding BNS Section 285: Danger or Obstruction in Public Way or Line of Navigation
Public ways and navigation routes must remain clear and safe for everyone to use. Causing danger or obstruction in these areas can lead to accidents, injuries, and disruptions. Section 285 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 285 Say?
Section 285 deals with the act of causing danger, obstruction, or injury in a public way or line of navigation through actions or negligence. Here’s what the law states:
- Offense: If a person, by doing any act or failing to manage property in their possession or charge, causes:
- Danger,
- Obstruction, or
- Injury,
to any person in a public way or public line of navigation, they commit an offense.
- Punishment: The punishment for this offense is a fine of up to 5,000 rupees.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Causing danger, obstruction, or injury in a public way or line of navigation through actions or negligence. |
| Punishment | Fine of up to 5,000 rupees. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Ensures Public Safety: It prevents actions or negligence that could endanger people using public ways or navigation routes.
- Maintains Order: It ensures that public ways and waterways remain clear and accessible to everyone.
- Promotes Accountability: It holds individuals responsible for creating hazards or obstructions in public spaces.
Examples of Offenses Under Section 285
- Example 1: A person leaves construction materials on a public road, causing an obstruction and risking accidents.
- Example 2: A boat owner anchors their vessel in a busy waterway, blocking navigation and endangering other boats.
- Example 3: A shopkeeper extends their display onto the sidewalk, forcing pedestrians to walk onto the road and risk injury.
Conclusion
Section 285 of the BNS is a vital provision to ensure the safety and accessibility of public ways and navigation routes. Causing danger, obstruction, or injury in these areas is a punishable offense. Always act responsibly and prioritize the safety and convenience of others.
