Section 285: Causing Danger or Obstruction in Public Way or Line of Navigation

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Cognizable
Formerly Sec 283 IPC

Legal Commentary & Landmark Judgments: Section 285

Section 285 penalises causing danger, obstruction, or injury to any person in any public way or public line of navigation by doing any act or omitting to take order with property in one's possession.

  • Public Way or Navigation Line: Public highway, street, footpath, canal, or navigable river.
  • Obstruction or Danger: Dumping construction debris, digging open trenches, or parking heavy machinery without warning lights.
  • Culpable Act or Omission: Creating a physical barrier or hazardous trap that injures or delays travelers.
Key Landmark Precedents:
  • Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Reiterated that leaving public roads excavated or obstructed without protective barriers is a punishable public nuisance.
  • Ramchandra v. Emperor AIR 1939 Pat 342: Held that blocking a public thoroughfare with building materials without municipality sanction attracts penal liability under this section.
Courtroom Practice & Strategic Litigation Guidance:

Photographic evidence showing the exact road encroachment and lack of reflective barricades or warning lamps is essential. Defence may produce municipal road-cutting permissions.