Negligent conduct with respect to fire or combustible matter
Section 285 of the Indian Penal Code, 1860 deals with negligent conduct with respect to fire or combustible matter. Whoever does, with fire or any combustible matter, 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 fire or any combustible matter in his possession as is sufficient The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever does, with fire or any combustible matter, 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 fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter,
shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Section 285, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 287 Negligent conduct with respect to fire or combustible matter 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 The repealed enactment still governs what happened while it was in force.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.
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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Deepak Khinchi vs State of Rajasthan
Court's Decision & Legal Precedent
When mandatory sanction under Section 7 of the Explosive Substances Act, 1908 is not obtained at the outset and the accused is discharged for that reason, the prosecution must be quashed. However, it is open to the prosecution to initiate fresh prosecution after obtaining valid sanction from the competent authority (District Magistrate post-amendment). A delay in obtaining such sanction, even of several years, does not bar subsequent prosecution if: (a) the sanctioning authority is competent; (b) sanction was never refused by the competent authority; (c) the offence is grave involving significant loss of life and property; and (d) the accused is afforded full opportunity to defend himself. The trial court may accept such retrospectively obtained sanction and proceed with trial, balancing the rights of the accused against the rights of victims and the administration of justice.
On this section: Alternative charges under which the appellant was tried. These sections do not require sanction and therefore the trial under these sections was not affected by the sanction requirement issue.
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 Indian Penal Code?
Deepak Khinchi vs State of Rajasthan (30 Apr 2012) is the leading judgment on this section among those set out below: Alternative charges under which the appellant was tried. These sections do not require sanction and therefore the trial under these sections was not affected by the sanction requirement issue.
How do I find court cases under Section 285 of the Indian Penal Code?
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: IPC 285, section 285 IPC, section 285 of the Indian Penal Code. People searching for it also type ipc 285 in bns and ipc 285 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 Deepak Khinchi vs State of Rajasthan (30 Apr 2012).
What should I read with Section 285 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 287 (Negligent conduct with respect to fire or combustible matter), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 285 of the Indian Penal Code come into force?
Section 285 of the Indian Penal Code, cited as IPC 285, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.