LEGAL LIABILITY IN FIRE ACCIDENTS: CIVIL, CRIMINAL, AND EMPLOYER RESPONSIBILITY UNDER INDIAN LAW
AUTHOR – SANYAM KAUSHIK* & DR NIKUNJ SINGH YADAV**
* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN.
** ASST. PROF., LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN.
BEST CITATION – SANYAM KAUSHIK & DR NIKUNJ SINGH YADAV, LEGAL LIABILITY IN FIRE ACCIDENTS: CIVIL, CRIMINAL, AND EMPLOYER RESPONSIBILITY UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 659-669, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Fire accidents in India continue to pose a major threat to life and property despite the presence of multiple regulatory frameworks governing fire safety. This article critically examines the legal liability arising from fire incidents through the lens of civil, criminal, and employer responsibility under Indian law. It highlights how civil liability rooted in negligence, strict liability, and consumer protection seeks to compensate victims for breach of the duty of care, while criminal provisions under the Indian Penal Code (Sections 304, 304A, 285, 286) aim to punish gross negligence and wilful disregard for safety norms. The study further analyses statutory obligations imposed on employers and occupiers under the Factories Act, the Occupational Safety, Health and Working Conditions Code, the National Building Code, and municipal regulations, emphasizing the role of fire audits, structural compliance, and worker training. Through judicial precedents and recent fire tragedies across commercial, residential, and institutional spaces, the article exposes persistent gaps in enforcement, monitoring, and institutional accountability. It concludes by advocating for stronger deterrence mechanisms, unified legislation, technology-driven compliance systems, and a safety-oriented culture to reduce avoidable fire-related casualties in India. Ultimately, the article argues that effective fire safety governance requires harmonizing preventive regulation with robust liability frameworks that ensure accountability at all levels.