Strict Action Against Those Responsible for Lucknow Fire Tragedy: Legal Framework Under BNS and BNSS

The BNS, effective from July 2024, consolidates criminal law for offenses like negligence causing death. For the Lucknow fire tragedy, the following sections apply directly to the building owner and responsible officials:

The Aliganj fire, where 15 people died due to a single exit and illegal commercial use, squarely falls under BNS Section 115. Building owners who convert residential premises to commercial use without proper fire safety measures cannot claim ignorance. The Allahabad High Court in Mohd. Meherban Ansari v. State of UP (2020) restrained regularization of such illegal constructions, holding that commercial activities in residential zones lead directly to fire safety failures.

Once an FIR is lodged under the relevant BNS sections, the police investigation follows the BNSS 2023. Key procedural provisions include:

• BNSS Section 175: Lays down procedure for arrest and investigation in cases of negligence causing death. Police can arrest the accused without warrant if the offense is cognizable.
• BNSS Section 183: Mandates that the investigation be completed within 60 days for offenses punishable with up to 10 years. In cases of death by negligence, quick investigation is critical.
• BNSS Section 528: Inherent powers of the High Court (equivalent to old Section 482 CrPC) — typically used for quashing FIRs. However, in a tragedy with clear negligence, quashing is unlikely.

The police must also examine municipal records — building plans, fire NOCs, and occupancy certificates. The Supreme Court in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024) held that illegal constructions cannot be regularized and that no business license shall be granted for unauthorized structures. This removes the common defense of “pending regularization” used by owners in Lucknow.

Beyond the building owner, the Lucknow Municipal Corporation (LMC) and the Fire Department face liability for failure to enforce safety norms. The Allahabad High Court has repeatedly held public authorities accountable for negligence in fire safety enforcement.

Under BNS Section 115, public servants can be prosecuted if their omission amounts to negligence. Additionally, the following actions can be taken:

1. Contempt of Court: If the High Court had earlier issued directions on fire safety that were ignored.
2. Public Interest Litigation (PIL): Filed before the Lucknow Bench for compensation and systemic reforms.
3. Disciplinary Proceedings: Under the UP Government Servant Conduct Rules, officials can be suspended for dereliction of duty.

The Minister’s statement on strict action indicates that the state government may also invoke the Disaster Management Act, 2005 to fix responsibility on officers. Victims can approach the State Human Rights Commission for compensation as well.

Victims of the Lucknow fire tragedy are entitled to both criminal compensation and civil damages. The process involves:

Families of the deceased should approach the CJM Court Lucknow or the District Legal Services Authority for immediate financial aid. A criminal lawyer in Lucknow can help file the necessary applications and pursue the case in the Sessions Court or High Court.

The Lucknow Bench of the Allahabad High Court has a strong record of suo motu intervention in fire safety issues. In Mohd. Meherban Ansari v. State of UP (2020:AHC-LKO:80656), the court restrained the state from regularizing illegal constructions under the Compounding Scheme, linking such violations directly to fire hazards.

Similarly, the Supreme Court in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024) held that unauthorized constructions cannot be regularized by any authority. Both rulings strengthen the case against the Aliganj building owner, who operated a commercial coaching centre in a residential zone with a single exit.

Victims can file a Writ Petition (PIL) before the Lucknow Bench seeking:

• Directions for a fresh investigation by a specialized agency (like SIT).
• Compensation for victims.
• Action against erring officials under BNSS Section 528 (inherent powers).

Fees for filing a PIL in the High Court are nominal (₹500) and legal fees range from ₹50,000 to ₹1,50,000 for senior counsel. The timeline for urgent matters is typically 2-4 months.

If you or your family are affected by the Lucknow fire tragedy, take the following steps immediately:

1. File an FIR at the local police station (Hazratganj or Vikas Nagar) under BNS Sections 115, 116, and 120. If the police refuse, approach the Superintendent of Police (City) Lucknow.
2. Preserve evidence — photographs, medical reports, death certificates, and any document showing illegal construction or blocked exits.
3. Engage a lawyer to monitor the investigation and file a bail cancellation application if the accused tries to secure anticipatory bail under BNSS Section 482 (Sessions Court) or regular bail under BNSS Sections 483/484.
4. Apply for victim compensation through the District Legal Services Authority, Lucknow.

For legal assistance, contact a criminal defense lawyer experienced in fire tragedy cases.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on Lucknow fire tragedy cases, contact Advocate Onkar Pandey at +91 98392 71553.