Danger or obstruction in public way or line of navigation
Section 285 of the Bharatiya Nyaya Sanhita, 2023 deals with danger or obstruction in public way or line of navigation. Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees. The Act came into force on 01 Jul 2024.
Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees.
Section 285, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 283 Danger or obstruction in public way or line of navigation Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Causing danger or obstruction in public way or line of navigation. | Fine of 5,000 rupees. | Cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhera Ram Choudhary vs State of Rajasthan
Court's Decision & Legal Precedent
When an accused is charged with bailable offences, the accused possesses a statutory right to bail under Section 478 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 436 of the Criminal Procedure Code). The judicial officer has no discretion in such cases and must grant bail upon the accused offering surety or bail. The arrest of an accused in bailable offences must be justified by compelling reasons beyond mere suspicion, in accordance with the guidelines laid down in Arnesh Kumar v. State of Bihar and Joginder Kumar v. State of U.P. When the essential ingredients of the alleged offences are absent from the FIR, and the arrest is unlawful and made with malice, the High Court possesses the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR and all consequential proceedings. Furthermore, when a person is unlawfully arrested and detained with malicious intent, causing violation of fundamental rights and irreparable injury to dignity, career, and mental well-being, the person is entitled to monetary compensation as a measure of restorative justice, and such compensation should be paid personally by the individuals responsible for the wrongful action rather than by the State.
On this section: The Court found that this offence is not applicable to the present case. The locking of one boundary gate of the school did not obstruct public ways or navigation, as the school remained fully operational and students, parents, and villagers could access the premises through other gates.
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B.m.ibrahim Khaleel vs State of Kerala
Decided under Indian Penal Code 283, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a prosecution contains charges under multiple sections, some of which require sanction under Section 195 Cr.P.C. and others which do not, the High Court will not quash the entire prosecution under Section 482 Cr.P.C. merely because one section requires sanction. Instead, the petitioner must raise such contentions before the trial court, where the court can properly adjudicate the validity of each charge. The inclusion of a charge under Section 283 IPC for traffic obstruction is justified when the core allegation involves violation of court orders resulting in traffic obstruction, even if such charge was not explicitly mentioned in the original FIR.
On this section: Obstruction of traffic - cited as an additional charge; the court examined whether this charge was properly included
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Sanjeev Khera vs Govt. of N.c.t. of Delhi
Decided under Indian Penal Code 283, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A criminal charge must be proportionate to the nature of the alleged conduct and must fall within the legislative scope of the criminal provision invoked. When the alleged conduct of parking vehicles causing road obstruction is charged under Section 431 IPC (prescribing five years imprisonment) instead of the appropriate Sections 283 and 290 IPC (prescribing a fine of Rs. 200), the charge is unsustainable in law and the High Court should exercise its inherent powers under Section 482 CrPC to quash such an inappropriate order.
On this section: Court noted that Section 283 IPC is the appropriate provision for the alleged conduct of parking vehicles causing road obstruction; this section prescribes a fine of Rs. 200
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 285
What have the courts held on Section 285 of the Bharatiya Nyaya Sanhita?
Bhera Ram Choudhary vs State of Rajasthan (16 Dec 2024) is the leading judgment on this section among those set out below: The Court found that this offence is not applicable to the present case. The locking of one boundary gate of the school did not obstruct public ways or navigation, as the school remained fully operational and students, parents, and villagers could access the premises through other gates. Another 2 judgments on this section are set out below. They run from 2006 to 2024.
Is Section 285 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 285 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 285 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 285, section 285 BNS, section 285 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 285 in ipc and bns 285 fine amount. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Bhera Ram Choudhary vs State of Rajasthan (16 Dec 2024).
What should I read with Section 285 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 283 (Danger or obstruction in public way or line of navigation), so the judgments decided under that provision are the case law on this one.
When did Section 285 of the Bharatiya Nyaya Sanhita come into force?
Section 285 of the Bharatiya Nyaya Sanhita, cited as BNS 285, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.