S.281 BNS / S.279 IPC RASH DRIVING OR RIDING ON A PUBLIC WAY.
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, 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.
Q. What ingredient is not necessary for the offence punishable under Section 281 BNS (Rash driving on public way):
(a) Driving of Vehicle
(b) On a public way
(c) Such driving must be so rash or negligent as to endanger human life
(d) Persons were on road
Ans. (d)
Q. Under which one of the following Sections of BNS rash and negligent driving of vehicle on a public way is an offence?
(a) Section 278
(b) Section 281
(c) Section 273
(d) Section 280
Ans. (b)
S.282 BNS / S.280 IPC RASH NAVIGATION OF VESSEL.
Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
S.283 BNS / S.281 IPC EXHIBITION OF FALSE LIGHT, MARK OR BUOY.
Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees.
S.284 BNS / S.282 IPC CONVEYING PERSON BY WATER FOR HIRE IN UNSAFE OR OVERLOADED VESSEL.
Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, 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.
S.285 BNS / S.283 IPC DANGER OR OBSTRUCTION IN PUBLIC WAY OR LINE OF NAVIGATION.
Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished, with fine which may extend to five thousand rupees.
S.286 BNS / S284 IPC. 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.
S.287 BNS / S.285 IPC 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 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 two thousand rupees, or with both.
S.288 BNS / S.286 IPC 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.
S.289 BNS / S.287 IPC NEGLIGENT CONDUCT WITH RESPECT TO MACHINERY.
Whoever does, with any machinery, 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 machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, 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.
S.290 BNS / S.288 IPC NEGLIGENT CONDUCT WITH RESPECT TO PULLING DOWN, REPAIRING OR CONSTRUCTING BUILDINGS ETC.
Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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.
S.291 BNS / S.289 IPC NEGLIGENT CONDUCT WITH RESPECT TO ANIMAL.
Whoever knowingly or negligently omits to take such measures with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, 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.
Q. If your pet dog bites someone so as to cause grievous hurt to such person, you would be held liable under:
(a) Section 337 of Bhartiya Nyaya Sanhita, 2023,
(b) Section 291 of Bhartiya Nyaya Sanhita, 2023,
(c) Civil law only as dog bite is a petty offence for which only monetary compensation is to be paid
(d) Section 319 of Bhartiya Nyaya Sanhita, 2023,
Ans.(b)
S.292 BNS / 290 IPC. PUNISHMENT FOR PUBLIC NUISANCE IN CASES NOT OTHERWISE PROVIDED FOR.
Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which may extend to one thousand rupees.
Q. The punishment for general form of Public Nuisance is provided in
(a) Section 268 of BNS
(b) Section 269 of BNS
(c) Section 292 of BNS
(d) Section 291 of BNS
Ans.(c)
S.293 BNS / S.291 IPC CONTINUANCE OF NUISANCE AFTER INJUNCTION TO DISCONTINUE.
Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
S.294 BNS / S.292 IPC SALE, ETC., OF OBSCENE BOOKS, ETC.
1. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, including display of any content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
2. Whoever—
a. sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever in whatever manner; or
b. imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation; or
c. takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation; or
d. advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or
e. offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to five thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to ten thousand rupees.
EXCEPTION: —
This section does not extend to—
a. any book, pamphlet, paper, writing, drawing, painting, representation or figure—
i. the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or
ii. which is kept or used bona fide for religious purposes;
b. any representation sculptured, engraved, painted or otherwise represented on or in—
i. any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958; or
ii. any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
Q. A magazine published a semi-nude photograph of a woman, in a campaign against breast cancer. The tag-line of the photograph was to encourage women to get regular medical tests done to ensure early detection of the disease. A respected lawyer in Delhi felt that the photograph was obscene and would result in young minds being corrupted. Hence, he filed a complaint against the editor of the magazine invoking Section 294 of Bhartiya Nyaya Sanhita, 2023. In light of recent Supreme Court jurisprudence on Section 294, which of the following is not a standard that should be used to judge whether the photograph is absence?
(a) If the picture has the effect of depraving or debauching the minds of the persons who may see the picture, it would be obscene.
(b) In judging whether a picture is obscene, contemporary mores and national standards should be considered, and not the standards of a group of susceptible and sensitive people.
(c) The picture has to be viewed in the background in which it is shown and the message that it seeks to convey to the public and the world at large.
(d) None of the above
Ans.(a)
Q. Section 294, BNS makes the selling, hiring, distributing, publically- exhibiting, importing exporting etc., of obscene books an offence. A was prosecuted for selling a book by the name of 'Lady Chatterley's Lover', written by D.H. Lawrence which was found to be an obscene book. The accused pleaded that he did not know the contents of the book. The accused is guilty of
(a) no offence, as mistake of fact is a valid defence
(b) selling an obscene book because he was negligent in not reading the contents of the book
(c) selling an obscene book because he knew the contents impliedly
(d) selling an obscene book because under section 294 liability is independent of mens rea.
Ans.(d)
Q. To which one of the following section of IPC Hicklin rule is related to?
(a) Section 294
(b) Section 291
(c) Section 290
(d) Section 294
Ans. (a)
Q. The sale of obscene objects to young persons below is an offence under BNS:
(a) 10 years
(b) 15 years
(c) 18 years
(d) 20 years
Ans.(d)
S.295 BNS / S.293 IPC SALE, ETC., OF OBSCENE OBJECTS TO CHILD.
Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.
S.296 BNS / S.294 IPC OBSCENE ACTS AND SONGS.
Whoever, to the annoyance of others, —
a. does any obscene act in any public place; or
b. sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Q. Uttering obscene words near a public place
(a) is not an offence
(b) is an offence under Section 296 BNS
(c) is an offence under Section 290 BNS
(d) is an offence under Section 292(2)(b) BNS
Ans. (b)