Section 288 BNS: Negligent Conduct with Respect to Explosive Substance (Formerly Section 286 IPC)

Section 288 of Bharatiya Nyaya Sanhita: Negligent Conduct with Respect to Explosive Substance

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, 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.

Legal Commentary & Landmark Judgments: Section 288

Section 288 penalises rash or negligent conduct with respect to explosive substances, or failing to take sufficient precaution with explosives in one's possession to guard against danger.

Explosive Substances: Dynamite, RDX, detonators, blasting gel, or high-decibel firecracker chemicals.
Rash or Negligent Handling: Storing beyond licensed quantities, manufacturing in residential tenements, or blasting without sirens.
Public Endangerment: Creating imminent hazard of lethal blast or property devastation.

Key Landmark Precedents:

State of Maharashtra v. Joseph Mingel Koli (1997) Cri LJ 3144: Held that illegal stockpiling of explosive detonators inside domestic houses constitutes gross criminal negligence.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1: Emphasised strict scientific evidentiary standards when establishing hazardous chemical chain of custody.

Courtroom Practice & Strategic Litigation Guidance:

Controller of Explosives (PESO) reports detailing illegal storage quantities and lack of blast-proof magazines provide conclusive evidence.

Section 288: Negligent Conduct with Respect to Explosive Substance

Section 288 of Bharatiya Nyaya Sanhita: Negligent Conduct with Respect to Explosive Substance

Legal Commentary & Landmark Judgments: Section 288