IPC Section 265
IPC Section 265 – Danger or obstruction in public way or line of navigation
Text of Section 265 (simplified in English):
"Whoever does any act so rashly or negligently as to endanger human life, or the personal safety of others, or to obstruct any public way or line of navigation used by the public, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
Key Elements of Section 265:
Actus Reus (The Act / What is Done):
The act involves either:
a) Endangering human life or personal safety of others, or
b) Obstructing a public way or line of navigation (such as a road, pathway, river, or other route used by the public).
Mens Rea (Mental Element / Intention):
The act must be rash or negligent, meaning:
Rash: Acting without considering probable consequences.
Negligent: Failing to exercise due care that a reasonable person would take.
No intent to cause harm is required, only recklessness or carelessness.
Public Way / Line of Navigation:
Refers to any path, road, street, waterway, or route that is commonly used by the public.
Obstructing such a path, even unintentionally, can attract liability if it is due to negligence.
Punishment:
Imprisonment: Up to 6 months.
Fine: Up to ₹1,000.
Or both, at the court’s discretion.
Illustrations / Examples:
A person parks a vehicle carelessly on a busy public road, causing risk to pedestrians and traffic.
→ Punishable under Section 265 IPC.
A boat owner leaves a boat unattended in a navigable river channel, obstructing other boats.
→ Punishable under Section 265 IPC.
Someone accidentally drops a small item on a public path without creating any danger.
→ Not punishable, unless it is negligent enough to endanger safety.
Important Points:
Section 265 is aimed at preventing accidents and ensuring public safety.
It does not require intent to harm anyone; mere negligence or rashness is sufficient.
It overlaps slightly with Sections 268 and 336 IPC, but the focus here is on danger or obstruction in public spaces.
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