Section 286 BNS: Negligent conduct with respect to poisonous substance
Bharatiya Nyaya Sanhita, 2023
Section 286 BNS at a Glance
Section 286 BNS deals with negligent conduct with respect to poisonous substance. It is bailable and cognizable, triable by any Magistrate; it replaced Section 284 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to six months under Section 286 BNS.
Section 286 BNS Bare Act Text
286. 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 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.
Source: Section 286, Bharatiya Nyaya Sanhita, 2023
Section 286 BNS in Simple Words
Section 286 of the Bharatiya Nyaya Sanhita (BNS) deals with rash or negligent conduct involving any poisonous substance. It applies where a person does any act with a poisonous substance in a manner so rash or negligent as to endanger human life or be likely to cause hurt or injury to any person, and also where a person knowingly or negligently omits to take sufficient care with a poisonous substance in their possession to guard against probable danger to human life.
The provision enforces strict safety obligations on anyone who handles, stores, sells, or uses toxic materials such as industrial chemicals, pesticides, or poisons. Actual poisoning or injury is not required for the offence to be complete; creating the risk through rash or negligent conduct or failing to take sufficient precautions is enough.
A person convicted under Section 286 BNS is punishable 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.
Ingredients of Section 286 BNS
- Doing any rash or negligent act with a poisonous substance so as to endanger human life or be likely to cause hurt or injury
- Knowingly or negligently omitting to take sufficient order with a poisonous substance in possession to guard against probable danger to human life
Punishment Under Section 286 BNS
Imprisonment of either description for a term which may extend to six months under Section 286 BNS.
Fine which may extend to five thousand rupees under Section 286 BNS.
Section 286 BNS prescribes imprisonment of either description for a term which may extend to six months, or fine which may extend to five thousand rupees, or both.
Example of Section 286 BNS
When Section 286 BNS Does Not Apply
- No poisonous substance was involved
- The accused did not act in a manner so rash or negligent as to endanger human life or be likely to cause hurt or injury, and did not knowingly or negligently omit to take sufficient order with a poisonous substance in his possession to guard against probable danger to human life
- The substance was not in the possession of the accused and no act with it was done by the accused
Section 286 BNS in the IPC (Previous Law)
Section 286 BNS replaces Section 284 IPC from the old criminal code.
Section 284 IPC corresponds to Section 286 BNS. The substantive definition of the offence and the maximum imprisonment of six months remain unchanged. The maximum fine has increased from one thousand rupees under Section 284 IPC to five thousand rupees under Section 286 BNS.
View IPC Section 284 →FAQs on Section 286 BNS
What does Section 286 BNS cover about poisonous substances?▼
Section 286 BNS covers rash or negligent acts involving a poisonous substance that endanger human life or are likely to cause hurt or injury. It also covers knowingly or negligently failing to take enough precautions with a poisonous substance in your possession to guard against probable danger to human life.
What has to be proved for a case under Section 286 BNS?▼
The prosecution must show that the act involved a poisonous substance and was done rashly or negligently in a way that endangered human life or was likely to cause hurt or injury. It can also be made out if a person had a poisonous substance in their possession and knowingly or negligently failed to take sufficient safety measures against probable danger to human life.
Is Section 286 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment under Section 286 BNS?▼
Section 286 BNS provides punishment of imprisonment of either description for a term which may extend to six months, or fine which may extend to five thousand rupees, or both. The exact punishment depends on the facts of the case.
How is Section 286 BNS different from causing death by negligence?▼
Section 286 BNS is about rash or negligent conduct with a poisonous substance, or failing to take proper precautions with it, when human life is endangered or injury is likely. If the facts involve death caused by a negligent act, that is dealt with under a different provision, such as Section 106 BNS, depending on the exact allegations.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·