By Team Neeraj Associates, Lucknow · Last reviewed: November 2026 · 6 min read
हिंदी में पढ़ें: पटाखों से हादसा: कानून और मुआवज़ा — हिंदी गाइड
Quick answer: If someone is hurt by firecrackers, report it to the police at once and get a medical examination (MLC) done. Bursting crackers carelessly so that it endangers others is an offence under the Bharatiya Nyaya Sanhita, 2023 (BNS), for example Section 288 (negligent conduct with explosive substances), Section 125 (endangering life or personal safety) and Section 106(1) (death by negligence). A defective cracker can lead to a product liability claim against the manufacturer and seller under the Consumer Protection Act, 2019. Victims can also seek compensation under the state's victim compensation scheme (Section 396 BNSS) and claim under their health or fire insurance.
Which laws apply to firecracker accidents?
- Section 288 BNS: doing anything with an explosive substance so rashly or negligently that it endangers human life or is likely to cause hurt, or not taking enough care to guard against such danger. Punishment: up to six months' imprisonment, a fine up to ₹5,000, or both. Actual injury is not needed.
- Section 287 BNS: the same kind of negligence with fire or combustible matter.
- Section 125 BNS: a rash or negligent act that endangers human life or the personal safety of others, with higher punishment if it causes hurt or grievous hurt.
- Section 106(1) BNS: causing death by a rash or negligent act.
- Explosives Act, 1884 and Explosives Rules, 2008: fireworks can be made, stored and sold only under a licence. Shops usually work under temporary licences issued for the festival. Making, storing or selling without a licence is an offence.
- Supreme Court directions: over the years the Supreme Court has banned barium-based crackers across India, limited sales to approved "green" crackers in many places, restricted bursting to fixed hours, and barred joined crackers (laris) and online sales. Hospitals, schools and notified silence zones are no-cracker areas.
- Local orders: the District Magistrate and police commissioner issue orders every year on timings, places of sale and bans. Check the order for your district, because these differ from place to place.
Who can be held responsible?
- The person who burst the cracker carelessly, for example in a crowd, towards people or houses, or in a narrow lane, can face criminal action and a civil claim for damages.
- The organiser of a function or society celebration that did not take reasonable safety steps.
- The manufacturer and the seller if the cracker was defective, mislabelled or illegal. Under Sections 84 to 86 of the Consumer Protection Act, 2019, a product manufacturer, product service provider and product seller can each be liable for harm caused by a defective product, in the situations listed there.
- An unlicensed shop or godown owner, including for a fire or blast at the storage place.
What to do immediately after an accident
- Get medical treatment first. Ask the hospital to record a medico-legal case (MLC). It is key evidence.
- Inform the police (112) and give a written complaint. Mention who burst the cracker, where, and the injuries.
- Preserve evidence: photos and videos, CCTV footage from shops or houses nearby, names of witnesses, the cracker box or wrapper, and the bill or name of the shop.
- Keep all medical bills, prescriptions and discharge papers for compensation and insurance.
- Inform your insurer quickly, within the time stated in the policy, for health, home or shop insurance.
How to get compensation
- Victim compensation scheme: under Section 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the state has a victim compensation scheme. Apply through the District Legal Services Authority (DLSA). Interim relief may be available for treatment.
- Compensation in the criminal case: the court can order the accused to pay compensation to the victim.
- Consumer complaint for a defective cracker: a product liability claim can be filed before the District Consumer Commission against the manufacturer and seller. See our consumer complaint guide.
- Civil suit for damages: a claim for negligence against the person or organiser responsible.
- Insurance: health insurance generally covers hospital treatment of burns. Fire insurance for a house or shop may cover fire damage. Read the policy's exclusions and conditions carefully.
Common complications
- Proving who burst the cracker, especially in a crowd or at night. Witnesses and CCTV matter most.
- Proving the cracker was defective. Without the box, the brand or a bill, it is hard to show where it came from.
- Contributory negligence: if the injured person was also careless, for example holding a lit cracker, compensation may be reduced.
- Children injured: the claim is filed through a parent or guardian. Parents who let children handle crackers unsupervised may also face questions.
- Police not registering an FIR: send the complaint to the Superintendent of Police under Section 173(4) BNSS, or apply to the Magistrate under Section 175(3) BNSS.
- Insurance rejection on the ground of negligence, a late intimation or an exclusion clause. A rejection can be challenged before the Insurance Ombudsman or the consumer commission.
- Illegal factories and godowns: blasts at unlicensed units raise questions under the Explosives Act as well as labour laws. Families of workers should keep proof of employment.
Frequently asked questions
Is it a crime to burst crackers carelessly if no one is hurt?
It can be. Section 288 BNS punishes negligent conduct with explosive substances that endangers life or is likely to cause hurt, even if no injury actually occurs.
My child was hurt by a neighbour's cracker. What can we do?
Get the MLC done, file a police complaint, collect witness statements and videos, and consider a claim for compensation under the victim compensation scheme or a civil claim against the person responsible.
Can I claim compensation if the cracker itself was defective?
Yes, a product liability claim under the Consumer Protection Act, 2019 can be filed against the manufacturer and seller. Keep the box, wrapper and bill.
Does health insurance cover burn injuries from crackers?
Most health policies cover hospital treatment of accidental burns, but check your policy's exclusions. Inform the insurer promptly.
What if the police refuse to register an FIR?
Send the complaint in writing to the Superintendent of Police under Section 173(4) BNSS, and if needed apply to the Magistrate under Section 175(3) BNSS.
Are firecrackers allowed everywhere during Diwali?
No. Timings, permitted crackers and no-cracker zones are set by Supreme Court directions and local orders, and they vary by district. Check your district's order.
About the authors
Team Neeraj Associates, Lucknow Email: rishi.saxena@neerajassociates-legal.com · Phone: +91 8960006363
Questions on this guide? If you have a question about the law discussed here, write to rishi.saxena@neerajassociates-legal.com. Selected questions will be answered in future updates of this guide. We do not advise on individual matters through this website.
Disclaimer: This article is general information as of November 2026, not legal advice. Local orders and rules change every year, and every case depends on its facts. Please consult an advocate about your situation.
Disclaimer: This article is general information about Indian law and is not legal advice. Laws, rules and court rulings change, and your situation may differ. Please consult an advocate before acting.