Section 288 BNS: Negligent conduct with respect to explosive substance

Bharatiya Nyaya Sanhita, 2023

Section 288 BNS at a Glance

Section 288 BNS deals with negligent conduct with respect to explosive substance. It is bailable and cognizable, triable by any Magistrate; it replaced Section 286 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to six months.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 286 →

Section 288 BNS Bare Act Text

288. 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 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.

Source: Section 288, Bharatiya Nyaya Sanhita, 2023

Section 288 BNS in Simple Words

Section 288 of the Bharatiya Nyaya Sanhita (BNS) penalises rash or negligent conduct involving any explosive substance. It applies to any person who either handles or uses an explosive substance in a dangerous way, or has an explosive substance in their possession and fails to take adequate precautions with it.

The offence can be committed in two ways. First, a person commits the offence by doing any act with an explosive substance so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person. Second, a person commits the offence by knowingly or negligently omitting to take such order with an explosive substance in their possession as is sufficient to guard against any probable danger to human life from that substance. The section applies based on the danger or likelihood of harm, even if no actual explosion or injury occurs.

Whoever commits this offence shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine which may extend to five thousand rupees, or with both.

Ingredients of Section 288 BNS

  • The accused did an act with an explosive substance, or omitted to take proper order with an explosive substance in his possession
  • The act was done rashly or negligently, or the omission was knowing or negligent
  • The conduct endangered human life, or was likely to cause hurt or injury to another person
  • In case of omission, the order not taken was sufficient to guard against probable danger to human life from that substance

Punishment Under Section 288 BNS

Imprisonment

Imprisonment of either description for a term which may extend to six months.

Fine

The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Rash or negligent conduct with respect to any explosive substance is punishable with imprisonment of either description for up to six months, or with fine up to five thousand rupees, or with both.

Example of Section 288 BNS

While packing firecrackers on the outskirts of Meerut, Karthik kept loose explosive powder and finished items in a small back room opening into a crowded lane. Lakshmi, who worked there, warned him that powder was lying beside a hot soldering tool and that the boxes should be sealed and shifted. Karthik ignored the warning and left the material open without proper safety steps. When sparks suddenly flared, Devendra, who was passing outside, and others had to run. Even without serious burns, Karthik's rash and negligent handling of explosive substance, and his failure to take sufficient precautions, made human life likely to be endangered.

When Section 288 BNS Does Not Apply

  • A person lawfully stores an explosive substance with proper precautions, and there is no rashness, negligence, or likely danger to human life
  • The material involved is not an explosive substance at all, even though it may be flammable or dangerous
  • There is only a private technical breach of storage rules, but no act or omission endangering human life or likely to cause hurt or injury to another person
  • Death is caused by a rash or negligent act, which would be dealt with under Section 106 BNS

Section 288 BNS in the IPC (Previous Law)

Section 288 BNS replaces Section 286 IPC from the old criminal code.

Section 286 IPC is now Section 288 BNS. The definition of the offence and the maximum imprisonment of six months remain unchanged, while the maximum fine has been increased from one thousand rupees under Section 286 IPC to five thousand rupees under Section 288 BNS.

View IPC Section 286 →

FAQs on Section 288 BNS

What does Section 288 BNS cover about explosive substances?▼

Section 288 BNS covers rash or negligent acts involving an explosive substance that endanger human life or are likely to cause hurt or injury to another person. It also covers knowingly or negligently failing to take sufficient precautions with an explosive substance in your possession to guard against probable danger to human life.

What has to be proved for an offence under Section 288 BNS?▼

It must be shown that the person did a rash or negligent act with an explosive substance, or failed to take sufficient safety measures for an explosive substance in their possession. It must also be shown that this conduct endangered human life, or was likely to cause hurt, injury, or probable danger to human life.

What is the punishment under Section 288 of the Bharatiya Nyaya Sanhita?▼

Section 288 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 sentence depends on the facts of the case.

How is Section 288 BNS different from causing an explosion offence?▼

Section 288 BNS is about rash or negligent conduct with an explosive substance, including failure to take proper precautions. This text focuses on endangering life or likely injury through negligence, not on a separately defined offence of intentionally causing an explosion.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·