Section 287: Negligent Conduct with Respect to Fire or Combustible Matter

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 285 IPC

Legal Commentary & Landmark Judgments: Section 287

Section 287 penalises doing any act in a rash or negligent manner with respect to fire or any combustible matter, or failing to take adequate precautions with fire or combustible substances in one's possession.

  • Fire or Combustible Matter: Petrol, LPG, solvents, fireworks, dry straw, or open industrial flames.
  • Rash or Negligent Conduct: Careless smoking near fuel dumps, failing to install functional fire sprinklers, or storing flammable matter without license.
  • Endangerment to Life or Property: Creating imminent hazard of conflagration and loss of human life.
Key Landmark Precedents:
  • Sushil Ansal v. State through CBI (2014) 6 SCC 173: The Uphaar Cinema Tragedy: The Supreme Court held cinema owners criminally negligent under penal law for failing to maintain electrical transformers and blocking fire exits.
  • Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy (2011) 14 SCC 481: Affirmed that commercial establishments have an inescapable duty of care to implement comprehensive fire safety infrastructure.
Courtroom Practice & Strategic Litigation Guidance:

Produce the Chief Fire Officer's inspection report showing absence of Fire NOC, locked emergency fire exits, or dysfunctional hydrants to prove criminal culpability.