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Section 286: Negligent Conduct with Respect to Poisonous Substance

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 284 IPC
Section 285 All 358 Sections of Bharatiya Nyaya Sanhita Section 287

Legal Commentary & Landmark Judgments: Section 286

Section 286 punishes doing any act in a rash or negligent manner with respect to poisonous substances, or omitting to take sufficient care with poisons in one's possession to prevent danger to human life.

  • Poisonous Substance: Handling toxic chemicals, pesticides, industrial acids, or deadly pharmacological poisons.
  • Rash or Negligent Handling: Storing in unlabelled beverage bottles, leaving accessible to children, or spraying recklessly.
  • Endangerment: Endangering human life or likely to cause hurt or injury.
Key Landmark Precedents:
  • State of M.P. v. Ramcharan (1977) 2 SCC 515: The Supreme Court held that handling deadly poisons imposes a heightened standard of care, and careless storage near food stocks constitutes criminal negligence.
  • Laxmi v. Union of India (2014) 4 SCC 427: The Apex Court regulated retail sale and storage of concentrated acids to eliminate irresponsible access and chemical injuries.
Courtroom Practice & Strategic Litigation Guidance:

Forensic laboratory identification of the poison under the Poisons Act, 1919 and proof of improper storage (e.g., pesticide stored in soft drink bottles) establish prima facie liability.

Section 285 All 358 Sections of Bharatiya Nyaya Sanhita Section 287