Negligent Conduct With Fire or Explosive Under the BNS (Sections 287 and 288): IPC 285 and 286 Mapping (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

A godown stores paint and solvent next to an open flame. A welder works near dry hay. A shop keeps gas cylinders in a way that puts people around it at risk. No one is hurt yet, but the danger is real. Indian criminal law treats this careless handling of fire as an offence on its own, even before a fire starts. This explainer sets out the provision in plain terms: its new section number under the Bharatiya Nyaya Sanhita, 2023 (BNS), the old Indian Penal Code (IPC) section it replaced, what the prosecution must show, and the punishment. Last verified October 2026.

01The problem this section addresses

Fire spreads fast and does not respect boundaries. One careless act with a flame or a combustible store can harm many people who had no part in it. The law does not wait for a death or an injury to step in. It punishes the careless act itself, when that act puts human life in danger.

Common fact patterns that bring this section into play include:

• Storing petrol, diesel, solvent, paint, or gas in a way that is likely to catch fire near people.
• Welding, burning waste, or lighting a fire close to flammable material without precautions.
• Leaving a flame or a hot source unattended where it can ignite nearby combustible matter.

Note the exact number. The offence about fire or combustible matter is Section 287 of the BNS. The next section, Section 288, is a separate offence about explosive substances. People often search for this topic as "BNS Section 288", but the fire provision is Section 287.

02What the offence is (answer first)

Negligent conduct with respect to fire or combustible matter is an offence under Section 287 of the Bharatiya Nyaya Sanhita, 2023. It replaced Section 285 of the Indian Penal Code, 1860. The BNS came into force on 1 July 2024.

The section covers two kinds of conduct:

• Doing any act with fire or any combustible matter so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person.
• Knowingly or negligently omitting to take such order with any fire or combustible matter in one’s possession as is sufficient to guard against any probable danger to human life from that fire or matter.

The law punishes careless handling of fire that endangers life, even when no fire actually breaks out and no one is hurt.

So the offence is about the danger created, not only about damage done. The sibling provision, Section 288, applies the same idea to explosive substances.

03From IPC 285 to BNS 287: what changed

The wording of the offence stayed almost the same when it moved from the IPC to the BNS. The main change is the fine.

In short, the offence and the term of imprisonment are the same. The fine ceiling has been doubled, from one thousand rupees to two thousand rupees.

04What the prosecution must show

To make out the offence, the following usually need to be shown:

• Fire or combustible matter: the case involves fire or material that can catch fire, such as fuel, solvent, or gas.
• Control or possession: the accused did the act, or had the fire or matter in their possession and failed to guard it.
• Rashness or negligence: the conduct fell below the care a reasonable person would take.
• Danger to life: the act endangered human life, or was likely to cause hurt or injury to another person.

Because the offence turns on negligence and risk, the facts matter a great deal. The storage practice, the distance from people, the precautions taken, and any safety rules that applied are all relevant.

05Punishment and classification

The punishment under Section 287 of the BNS is imprisonment of either description for a term that may extend to six months, or a fine that may extend to two thousand rupees, or both.

Always read the classification against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as it stands on the day of the case.

06Related offences

Section 287 sits within the group of BNS offences about public safety and negligence. A few neighbours are worth knowing:

• Explosive substances: Section 288 of the BNS deals with negligent conduct with an explosive substance, with a higher fine of up to five thousand rupees.
• Endangering life or safety: see acts endangering life or personal safety under the BNS, for rash or negligent acts that cause hurt.
• Public health and nuisance: see spreading infection, adulteration of drugs, and fouling water and making the air noxious.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

On a fire-safety or negligence matter, a useful first step is to see how courts have read Section 287 and the old Section 285 on rashness, storage and the duty to guard against fire. Claw lets you search more than 30 crore judgments in under five seconds, reaching Supreme Court rulings from 1950 and High Court rulings from 1990, so you can study how benches have drawn the line between an accident and criminal negligence. You can also follow a live matter under this section, its orders and hearings, by party or advocate name across 9,102 courts, benches and forums. Claw does not use customer case documents to train its AI models.

Create a free Claw account to read the negligence case law and keep a fire-safety matter in view. For the wider picture, see case search across Indian courts.

08Sources and further reading

• India Code (official text of central Acts): indiacode.nic.in
• BNS Section 287 (fire or combustible matter): devgan.in
• BNS Section 288 (explosive substance): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions