Court Observes Absence of Safety Measures and Unauthorized Electrification Made the Act Imminently Dangerous, Holding Accused Responsible for Electrocution of Minor
In a significant ruling on September 14, 2026, the Delhi High Court dismissed the bail application of Karan Singh, accused under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (BNS) for allegedly erecting illegal electrified fencing that led to the electrocution and death of a 12-year-old child. Justice Girish Kathpalia, presiding over the case, held that the accused's actions were "imminently dangerous" and demonstrated a clear lack of necessary safety precautions, thereby making him responsible for the fatal consequences.
The incident in question involved the accused allegedly setting up an electric fence around a portion of land without obtaining any sanction from electricity authorities. The prosecution case revealed that the fencing was electrified with a 220-225 volts current, using a 10mm thick wire, and was installed without any regulator, insulator, circuit breaker, or warning signboards to alert the public. The child came into contact with this fence and was electrocuted, leading to his death.
Counsel for the accused argued that Karan Singh neither intended to cause death nor owned the land or electricity connection used for the fencing. It was contended that the fencing was done only on two sides of the land in an L-shape to protect the property from wild animals, as the area bordered a forest. To support this, satellite imagery was presented. However, the court examined the satellite images and found that the fencing demarcated two different plots of land rather than serving as a boundary adjacent to forest area, negating the defense's claim.
The prosecution, supported by the Investigating Officer, emphasized the dangerous nature of the act due to the absence of safety devices and unauthorized electrification. It was noted that children frequently played near the accused's land, increasing the risk of harm. The trial court had already framed charges under Section 105 of BNS, which the accused had not contested.
Justice Kathpalia highlighted that the accused's act was "per se so imminently dangerous" that he could not claim ignorance of the potential fatal consequences. The court also dismissed the argument concerning land ownership, noting that the accused was managing and cultivating the land despite it being legally owned by his father.
Given these facts and the gravity of the offense, the Delhi High Court found no grounds to grant bail at this stage, asserting the need to ensure public safety and strict adherence to legal protocols concerning electrified fencing. The bail application and related applications were accordingly dismissed, and a copy of the order was directed to be sent to the concerned Jail Superintendent for informing the accused.
This judgment underscores the judiciary's firm stance against negligent acts that endanger life, especially involving unauthorized electric installations, and sends a clear message about the importance of legal compliance and safety measures.
Bottom Line:
Bail application dismissed for accused charged under Section 105 of Bharatiya Nyaya Sanhita, 2023, for illegal electrified fencing that caused the death of a minor due to electrocution. Court held the act was imminently dangerous and lacked necessary safety precautions, making the applicant responsible for the consequences.
Statutory provision(s):
Section 105, Bharatiya Nyaya Sanhita, 2023
Karan Singh v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2979320
