Negligent conduct with respect to explosive substance
Section 288 of the Bharatiya Nyaya Sanhita, 2023 deals with negligent conduct with respect to explosive substance. 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 a The Act came into force on 01 Jul 2024.
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.
Section 288, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 286 Negligent conduct with respect to explosive 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 The repealed enactment still governs what happened while it was in force.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 explosive 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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Sri K C Veerendra vs The State of Karnataka
Decided under Indian Penal Code 286, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bursting of crackers during an election campaign, simpliciter, does not constitute an offence under Section 286 of the IPC (Negligent conduct with respect to explosive substance) or Section 268 of the IPC (Public nuisance), nor does it violate Sections 123(2) and 130 of the Representation of People Act, 1951. Section 286 requires that the act be done rashly or negligently so as to endanger human life or likely to cause hurt or injury to any person. Mere bursting of crackers without such endangerment or injury is not an offence. Similarly, bursting of crackers during an election rally at wee hours is a common factor during elections and does not constitute public nuisance. Action for violation of Section 123 of the Representation of People Act is limited to the candidate and can result in disqualification or voiding of election result, not criminal prosecution of supporters. Therefore, criminal proceedings based on such allegations should be quashed under Section 482 of the Criminal Procedure Code.
On this section: Negligent conduct with respect to explosive substance - Court held that bursting of crackers simpliciter cannot amount to offence under this section; must be done rashly and negligently so as to endanger human life or cause hurt or injury
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 288
What have the courts held on Section 288 of the Bharatiya Nyaya Sanhita?
Sri K C Veerendra vs The State of Karnataka (07 Nov 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 286, which this section replaced -- the court never mentioned this Act: Negligent conduct with respect to explosive substance - Court held that bursting of crackers simpliciter cannot amount to offence under this section; must be done rashly and negligently so as to endanger human life or cause hurt or injury.
Is Section 288 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 288 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 288 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 288, section 288 BNS, section 288 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 288 in ipc and bns 288 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sri K C Veerendra vs The State of Karnataka (07 Nov 2024).
What should I read with Section 288 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 286 (Negligent conduct with respect to explosive substance), so the judgments decided under that provision are the case law on this one.
When did Section 288 of the Bharatiya Nyaya Sanhita come into force?
Section 288 of the Bharatiya Nyaya Sanhita, cited as BNS 288, 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.