Negligent conduct with respect to poisonous substance
Section 286 of the Bharatiya Nyaya Sanhita, 2023 deals with negligent conduct with respect to poisonous substance. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against The Act came into force on 01 Jul 2024.
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous 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.
Section 286, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 284 Negligent conduct with respect to poisonous substance Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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 |
|---|---|---|---|---|
| Negligent conduct with respect to poisonous substance. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | 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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Kalidindi Ramakrishna Raju vs P.p.
Decided under Indian Penal Code 284, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While the conviction of the petitioners under Sections 278 and 284 IPC is justified based on the evidence and does not warrant interference, the sentence of rigorous imprisonment of six months is excessive and disproportionate. The High Court, in exercise of its revisional jurisdiction, may modify the sentence by setting aside the imprisonment while maintaining the fine penalties, particularly when the accused have already paid the fines and have undergone prolonged litigation.
On this section: Negligent conduct with respect to poisonous substance - Applied to the rash and negligent act of transporting and dumping industrial waste solvents in a manner that endangered human life and caused injury to the environment and public health
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State vs Abhinav
Decided under Indian Penal Code 284, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the prosecution fails to follow proper procedure in evidence collection, does not join independent witnesses, does not properly seal and preserve evidence, does not verify manufacturer licenses, and the scientific analysis is inconclusive regarding the percentage of the alleged prohibited substance, the accused is entitled to acquittal on the ground of insufficient evidence and benefit of doubt, even if some procedural violations are established. The burden of proof remains on the prosecution to prove guilt beyond reasonable doubt, and procedural lapses combined with inconclusive evidence warrant acquittal.
On this section: Negligent handling of poisonous substance; Court held that prosecution failed to prove molasses contained poisonous substance
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 286
What have the courts held on Section 286 of the Bharatiya Nyaya Sanhita?
Kalidindi Ramakrishna Raju vs P.p. (26 Nov 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 284, which this section replaced -- the court never mentioned this Act: Negligent conduct with respect to poisonous substance - Applied to the rash and negligent act of transporting and dumping industrial waste solvents in a manner that endangered human life and caused injury to the environment and public health. Another 1 judgment on this section is set out below. They run from 2015 to 2024.
Is Section 286 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 286 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 286 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 286, section 286 BNS, section 286 of the Bharatiya Nyaya Sanhita. People searching for it also type 286 bns punishment and 286 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Kalidindi Ramakrishna Raju vs P.p. (26 Nov 2024).
What should I read with Section 286 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 284 (Negligent conduct with respect to poisonous substance), so the judgments decided under that provision are the case law on this one.
When did Section 286 of the Bharatiya Nyaya Sanhita come into force?
Section 286 of the Bharatiya Nyaya Sanhita, cited as BNS 286, 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 15 Oct 2026. This page is not a substitute for legal advice.