Introduction of 289 BNS
289 BNS addresses negligent or rash conduct involving machinery that may endanger human life or cause injury. It emphasizes the responsibility of individuals to handle machinery with care and adhere to safety precautions. The provision aims to prevent harm caused by irresponsible actions or neglect in operating or securing machinery.
The Bharatiya Nyaya Sanhita (BNS) Section 289 replaces the old Indian Penal Code (IPC) Section 287.
- Introduction of 289 BNS
- What is BNS Section 289 ?
- BNS 289 in Simple Points
- Section 289 BNS Overview
- BNS Section 289: Key Points Explained in Detail
- 1. Definition of Negligent Conduct with Respect to Machinery
- 2. Scope of Machinery
- 3. Act of Rashness or Negligence
- 4. Failure to Take Precautions
- 5. Risk to Human Life
- 6. Punishment for the Offense
- 7. Nature of the Offense
- 8. Legal Proceedings and Trial
- 9. Non-Compoundable Nature
- 10. Importance of Preventive Measures
- Examples of BNS Section 289
- BNS Section 289: Key Points Explained in Detail
- BNS 289 Punishment
- BNS 289 bailable or not ?
- Bharatiya Nyaya Sanhita Section 289
- BNS Section 289 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 289 ?
BNS Section 289 penalizes any rash or negligent act involving machinery that endangers human life or risks injury, or failure to secure machinery adequately. The punishment includes imprisonment for up to six months, a fine of ₹5,000, or both.

BNS 289 in Simple Points
Negligent Conduct with Respect to Machinery
- Negligent or Rash Conduct with Machinery
BNS Section 289 addresses the negligent or rash conduct of individuals who use or manage machinery in a way that endangers human life or could cause injury. The law mandates that machinery must be operated or maintained in a safe and responsible manner. This section focuses on preventing accidents that could arise due to careless handling, ensuring safety standards are followed. For example, operating a factory machine without ensuring it is properly maintained and safe for use may be considered negligent conduct. The purpose of this section is to safeguard human lives by holding individuals accountable for their actions involving machinery. - Punishment for Violation
The punishment for violating this section includes imprisonment for up to six months, a fine of up to ₹5,000, or both. This penalty ensures that individuals take safety seriously and do not neglect their responsibilities when it comes to machinery. The law provides a range of penalties to discourage careless handling of machines that can lead to dangerous situations. The severity of the punishment reflects the potential risks involved, such as severe injury or even death caused by unsafe machinery. The fine serves as an additional deterrent, making individuals more cautious in their actions. - Bailable Offence
BNS Section 289 is a bailable offence, meaning that an individual charged under this section has the option to be released on bail. While this allows a certain degree of leniency, it also ensures that the accused does not escape accountability. Bail is granted to those who commit acts of negligence or rashness with machinery, provided they meet the conditions set by the court. Since the section aims to encourage safety and responsible use of machinery, it allows individuals facing charges to continue their work or obligations while awaiting a trial. However, this does not diminish the seriousness of the offence. - Non-Cognizable Offence
Under BNS Section 289, the offence is non-cognizable, meaning the police do not have the authority to arrest the accused without a warrant. It also indicates that the police cannot start an investigation without the direction of a magistrate. While this means that immediate arrest is not possible, it still imposes legal responsibility on individuals for any negligent or rash actions. Police may need to gather evidence and wait for the magistrate’s order before proceeding with any formal investigation or arrest. Non-cognizable status ensures that minor offences do not lead to overzealous legal actions. - Triable by Any Magistrate
Offences under BNS Section 289 are triable by any magistrate. This allows flexibility and accessibility in the legal system, ensuring that such cases can be heard at any level of court within the judicial system. A magistrate will assess the details of the case, including the extent of negligence or rashness and the consequences of the actions. The magistrate’s role is crucial in determining the severity of the punishment and ensuring justice is served. Triable by any magistrate makes it easier for individuals to seek resolution for cases related to negligent machinery use, speeding up the legal process.
Section 289 BNS Overview
BNS Section 289 deals with negligent or rash conduct involving machinery that endangers human life or risks injury. It ensures individuals handle machinery responsibly and secure it properly to avoid accidents. Violations under this section attract imprisonment of up to six months, a fine of ₹5,000, or both. The offence is bailable, non-cognizable, and triable by any Magistrate.
BNS Section 289: Key Points Explained in Detail
1. Definition of Negligent Conduct with Respect to Machinery
BNS Section 289 penalizes anyone who negligently or rashly uses machinery in a way that endangers human life or causes possible harm. It also includes failing to take proper precautions with machinery under one’s care. This ensures accountability and safety in operations involving potentially dangerous machines.
2. Scope of Machinery
This section applies to any machinery, ranging from heavy industrial equipment to smaller mechanical devices. The law emphasizes proper usage and maintenance to prevent accidents, covering a wide range of scenarios in industries and public spaces.
3. Act of Rashness or Negligence
Rashness involves reckless actions with machinery, while negligence refers to carelessness in handling or maintaining it. For example, operating a machine without safety measures or neglecting to repair a malfunctioning part can fall under this provision.
4. Failure to Take Precautions
The section also punishes the omission of necessary safety measures with machinery. If a person knowingly skips safety checks or fails to secure hazardous machinery, causing potential danger, they are held liable under this section.
5. Risk to Human Life
The primary concern of this law is human safety. It targets conduct that endangers human life or could cause physical harm. For instance, operating machinery without proper guards in a workplace can result in severe penalties if it endangers workers.
6. Punishment for the Offense
The punishment for violating BNS Section 289 is imprisonment for up to six months or a fine up to ₹5,000, or both. This ensures a deterrent against negligent conduct while emphasizing both financial and personal accountability.
7. Nature of the Offense
The offense is classified as non-cognizable, meaning the police cannot arrest the offender without prior approval from a magistrate. It is also bailable, allowing the accused to secure release by providing bail.
8. Legal Proceedings and Trial
The offense under Section 289 is triable by any magistrate, ensuring accessibility to judicial redress. This allows for faster resolution of cases related to machinery negligence.
9. Non-Compoundable Nature
The offense is non-compoundable, meaning it cannot be settled privately between the parties. This ensures that negligence with machinery, which can affect public safety, is addressed formally in court.
10. Importance of Preventive Measures
The law emphasizes the importance of preventive measures, such as regular maintenance and adherence to safety protocols. By penalizing negligence, the law promotes a culture of responsibility in handling machinery, ensuring the safety of individuals and communities.
Examples of BNS Section 289
- Negligent Operation in a Factory:
A factory worker, while operating a machine, ignores safety protocols and fails to shut it down properly. This negligence leads to an accident causing injury to a co-worker. - Improper Machinery Storage:
A contractor stores a heavy crane without securing its parts. Due to negligence, the machinery topples, endangering nearby workers and passersby.
BNS 289 Punishment
- Punishment:
Under BNS Section 289, the offender can face imprisonment of up to six months. This ensures accountability for negligence or rash conduct involving machinery, emphasizing safety standards. - Fine:
The offender may also be liable to pay a fine of up to ₹5,000. This financial penalty serves as a deterrent to negligent behavior, ensuring careful handling of machinery.

BNS 289 bailable or not ?
BNS Section 289 is a bailable offense, meaning the accused has the right to be released on bail. The accused can apply for bail to avoid being detained during the trial process.
Bharatiya Nyaya Sanhita Section 289
BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
---|---|---|---|---|---|
289 | Negligent conduct with respect to machinery | Imprisonment up to 6 months, or ₹5,000 fine, or both | Bailable | Non-Cognizable | Any Magistrate |
BNS Section 289 FAQs
What does BNS Section 289 address?
It deals with negligent or rash conduct involving machinery that endangers human life or risks causing harm.
What is the punishment under BNS Section 289?
The punishment includes imprisonment of up to six months or a fine of up to ₹5,000, or both.
Is the offense under BNS Section 289 bailable?
Yes, it is a bailable offense, allowing the accused to secure bail.
Is BNS Section 289 a cognizable offense?
No, it is a non-cognizable offense, meaning police need magistrate approval to investigate or arrest.
What kind of acts fall under BNS Section 289?
Acts like operating machinery carelessly, failing to secure it, or ignoring safety precautions fall under this section.
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