Introduction of BNS Section 290
290 BNS plays a crucial role in ensuring safety during construction, repair, or demolition of buildings. It penalizes negligent conduct that can endanger human life, such as failing to take precautions while pulling down structures or neglecting safety measures at a construction site. The law applies to builders, contractors, supervisors, and even workers, making them legally responsible for ensuring that their actions do not cause accidents. By holding individuals accountable, this section promotes responsible construction practices and safeguards both workers and the public from risks associated with unsafe building activities.
The Bharatiya Nyaya Sanhita (BNS) Section 290 replaces the old Indian Penal Code (IPC) Section 288.
What is BNS Section 290 ?
BNS Section 290 addresses negligent conduct during the process of pulling down, repairing, or constructing buildings. It applies when a person fails to take necessary precautions to avoid endangering human life due to the potential collapse of a building or any part of it. The law holds individuals accountable for not ensuring adequate safety measures are in place during construction or demolition work. This section seeks to prevent harm by promoting responsible handling of building projects.
BNS 290 in Simple Points
“Whoever, by negligent conduct in pulling down, repairing, or constructing any building, endangers human life or is likely to cause injury, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ₹5,000, or with both.”
1. Meaning of Negligent Conduct in Building Work
- This section applies when a person carelessly or recklessly pulls down, repairs, or constructs a building.
- Negligence includes failing to take necessary safety measures during demolition, construction, or repair.
- The law aims to prevent accidents such as collapsing walls, falling debris, or unsafe repairs.
- Even if no injury occurs, creating a situation likely to cause harm is punishable.
- It covers both minor negligence (like ignoring safety gear) and major negligence (like demolishing without proper support).
2. Who is Covered?
- Builders & Contractors → Responsible for ensuring safe construction and demolition practices.
- Supervisors & Engineers → Liable if they fail to oversee safety precautions.
- Workers → Accountable if they act recklessly or ignore safety instructions.
- Property Owners → Can be liable if they neglect to ensure precautions during construction on their property.
3. Nature of the Offense
- Bailable → The accused can get bail easily.
- Non-Cognizable → Police cannot arrest or investigate without a Magistrate’s order.
- Non-Compoundable → The case cannot be settled privately; it must go through court.
- Triable by Any Magistrate → The case can be heard in any Magistrate’s court.
4. Examples of BNS Section 290
Example 1 – Unsafe Demolition
A builder demolishes part of an old building without putting up barriers. Debris falls on a passerby and injures them → Punishable under Section 290.
Example 2 – Negligent Construction
A contractor builds a wall without proper support. The wall collapses during rain and injures workers → Covered under this section.
Example 3 – Repair without Safety
A homeowner orders roof repairs but fails to provide safety harnesses for workers. A worker falls and gets injured → Negligence under Section 290.
Example 4 – Unsafe Public Risk
During repair work, scaffolding is left unstable near a busy road. It falls and injures pedestrians → Punishable under Section 290.
5. Punishment under BNS Section 290
- Imprisonment → Up to 6 months.
- Fine → Up to ₹5,000.
- Both → Court may impose imprisonment and fine together.
6. Importance of BNS Section 290
- Protects human life from risks in construction, repair, or demolition.
- Ensures safety measures (like scaffolding, barriers, safety gear) are compulsory.
- Holds contractors, supervisors, and property owners accountable for negligence.
- Builds public confidence in safe construction practices.
- Encourages proactive safety culture in the construction industry.
Section 290 BNS Overview
Negligent Conduct with Respect to Pulling Down, Repairing, or Constructing Buildings
BNS Section 290 penalizes individuals who act negligently or recklessly when working with buildings. This includes failing to take the required safety measures while pulling down, repairing, or constructing any building. It aims to prevent accidents caused by the collapse of buildings or parts of buildings that could result in injury or death. The law holds accountable those responsible for such safety lapses during construction activities, ensuring the protection of public safety.
BNS Section 290: 10 Key Points Explained in Detail
1. Purpose of BNS Section 290
BNS Section 290 aims to protect human life by ensuring that necessary precautions are taken during the construction, demolition, or repair of buildings. The law addresses situations where negligence in these activities can lead to harm. It highlights the importance of safety measures in preventing accidents due to building collapses. The section applies to both commercial and private construction works. By making negligence a punishable offense, it emphasizes the responsibility of workers, contractors, and owners. This creates a legal obligation for safety in construction practices. The section ensures that such activities are carried out responsibly and safely.
2. Negligence in Construction Activities
Negligence refers to failing to take reasonable care in ensuring the safety of workers, passersby, and others near the construction or demolition site. This could include failing to properly secure scaffolding, use safety equipment, or inspect the building for structural issues. If a building collapses or causes injury due to such negligence, the responsible person may face legal consequences. In this context, negligence goes beyond simple mistakes; it refers to a lack of attention or disregard for safety protocols. The section applies to individuals, contractors, and organizations who fail to act with reasonable caution. The law requires that all necessary precautions are taken to prevent harm. Ensuring safety is not optional but a legal obligation.
3. Failure to Implement Safety Measures
BNS Section 290 penalizes individuals who fail to implement adequate safety measures while constructing, demolishing, or repairing a building. This could involve a failure to provide proper barriers, protective gear for workers, or secure the site from external dangers. It includes neglecting to inspect a building for stability before carrying out repairs or demolitions. The law holds individuals accountable for these lapses in safety practices. Failing to conduct proper risk assessments is also a breach of the section. Inadequate warnings or safety instructions to workers or the public can also result in liability. The law insists on proactive safety measures to avoid any risk to human life.
4. Risk of Building Collapse
A key aspect of this law is the risk of building collapse or parts of the structure falling, which can harm individuals. If the construction, repair, or demolition work is done recklessly or without the proper precautions, the chance of such an incident increases significantly. Whether it’s a lack of structural support or failure to secure debris, the section targets actions that directly increase the risk of harm. The law is particularly concerned with the safety of workers and bystanders who could be injured or killed by a collapsing building. The law seeks to prevent accidents before they happen by holding individuals accountable for not following proper safety procedures. Ensuring the stability of the building during all phases of construction is essential under this section. Any reckless action that compromises safety is punishable under BNS 2290.
5. Penalties for Violating the Law
The penalty for violating BNS Section 290 includes imprisonment for a term that can extend to six months. This reflects the seriousness of the offence, especially when neglect leads to injury or death. In addition to imprisonment, the offender may face a fine of up to ₹5,000. The fine acts as a financial deterrent against negligent construction practices. The law provides an alternative, allowing either imprisonment or a fine, or both, depending on the gravity of the offence. This approach ensures that penalties are proportional to the harm caused. The threat of imprisonment and fines creates an incentive for individuals to prioritize safety.
6. Bail and Legal Classification
BNS Section 290 is classified as a non-cognizable offence, which means that the police do not have the authority to arrest without a warrant. The offence is bailable, meaning that anyone charged under this section can be granted bail. The non-cognizable nature of the offence also indicates that it is less severe compared to cognizable offences, where immediate action might be necessary. The offender can apply for bail and can be released pending trial. However, the seriousness of the offence still exists, as it involves endangering human lives through negligence. The availability of bail does not minimize the consequences of the act. The charge can still result in legal penalties, including imprisonment or fines.
7. Applicability to Contractors and Builders
This section holds contractors, builders, and individuals in charge of construction projects accountable. They are responsible for ensuring that safety protocols are followed during the construction or demolition process. If a building collapses or a person is injured due to the negligence of those managing the construction, they can be prosecuted under this section. It applies not only to workers on-site but also to the project managers, supervisors, and others in charge of overseeing safety. In many cases, the failure of individuals to act responsibly can result in a broader legal and financial liability for the entire company or construction team. The section acts as a tool to promote safe construction practices and ensure that all stakeholders maintain responsibility for safety. Builders and contractors must ensure that safety checks and measures are regularly conducted throughout the project.
8. Scope of the Law in Relation to Building Work
BNS Section 290 covers a broad range of building activities, including construction, repairs, and demolition. It applies to any act that involves human life and could result in harm due to negligence. This includes both private and commercial projects, from small residential homes to large industrial buildings. The law ensures that safety is maintained in all types of building work, regardless of scale. Even minor construction or demolition activities can fall under this law if negligence is involved. It highlights the importance of comprehensive safety procedures for all stages of a building project. From the initial stages of construction to the final stages of demolition, the law holds individuals accountable.
9. Responsibility of Supervisors and Workers
Supervisors and workers on-site also have a legal duty to ensure that their actions do not contribute to unsafe conditions. They must follow safety instructions, use protective equipment, and report any hazards or risks immediately. The law places responsibility not just on contractors but on everyone involved in the construction process. Workers who ignore safety procedures or fail to take necessary actions to prevent harm can also be held accountable. Supervisors who fail to oversee safety measures and address potential dangers are equally liable. This ensures that negligence is not just the responsibility of one individual but is shared by all involved in the construction process. Effective communication, adherence to protocols, and regular safety inspections are key to avoiding liability under this law.
10. Preventing Future Accidents
By penalizing negligent conduct under BNS Section 290, the law aims to create a culture of safety in the construction industry. This section encourages contractors and workers to adopt proactive safety measures to prevent accidents from happening. It serves as a reminder to constantly assess risks and take appropriate precautions throughout the building process. Legal consequences act as a deterrent to unsafe practices, motivating individuals to work more carefully. Over time, these laws aim to reduce construction accidents and protect workers and the public. By emphasizing accountability, BNS 2290 helps in creating a safer environment for construction activities. This ultimately leads to fewer injuries and fatalities in the building sector.
Examples of BNS Section 290:
- Example 1:
A construction company fails to put up proper safety barriers around a construction site. As a result, a part of the building under repair collapses, injuring a passerby. The company or the person responsible for the site may be charged under BNS Section 290 for negligence. - Example 2:
An individual demolishing an old building does not secure the structure properly before pulling it down. As a result, debris falls on a nearby person, causing injury. The person responsible for the demolition could be charged under BNS Section 290 for not taking adequate safety precautions.
BNS 290 Punishment
- Imprisonment:
The punishment for violating BNS Section 290 includes imprisonment for a term that can extend up to six months. The imprisonment is intended to deter negligence during construction or demolition activities, emphasizing the seriousness of safeguarding human life. - Fine:
The law also imposes a fine of up to ₹5,000 for those found guilty of negligent conduct. This fine acts as a financial penalty to hold the offender accountable for their failure to ensure safety during construction or demolition activities, aiming to discourage unsafe practices. - Both Imprisonment and Fine:
In some cases, the offender may face both imprisonment and a fine. The combination of these penalties ensures that the seriousness of the offence is addressed, particularly when the negligence could result in harm to human life.
BNS 290 bailable or not ?
BNS Section 290 is a bailable offence, which means that anyone charged under this section can be granted bail. As the offence is considered less serious than cognizable crimes, the person charged can remain out of custody while awaiting trial. However, being bailable does not mean that the offence is without consequence. The charge still involves serious consequences for neglecting safety measures during construction or demolition activities, as it directly impacts public safety.
Bharatiya Nyaya Sanhita Section 290
| BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| 290 | Negligent conduct with respect to pulling down, repairing, or constructing buildings, etc. | Imprisonment up to 6 months, or fine up to ₹5,000, or both. | Bailable | Non-Cognizable | Any Magistrate |
Comparison: BNS Section 290 vs IPC Section 288
| Comparison Point | BNS Section 290 | IPC Section 288 (old) |
|---|---|---|
| Short description | Penalises negligent or rash conduct while pulling down, repairing or constructing buildings that endangers life or is likely to cause injury. | (Equivalent) Penalises negligent conduct in building operations that creates a risk of collapse or causes danger to human life. |
| Mental element (mens rea) | No intent required — offence is made out by rashness or negligence that creates a risk of harm. | Similar — liability arises from rash or negligent acts rather than specific intent to harm. |
| Acts covered | Pulling down, repairing, constructing buildings or parts thereof without taking adequate safety precautions. | Same general scope — negligent demolition, repair or construction that risks collapse or falling debris. |
| Punishment | Imprisonment up to 6 months, or fine up to ₹5,000, or both. | Traditionally similar maximum imprisonment (up to 6 months); monetary penalty under the older IPC wording was lower in many versions. |
| Cognizability / Bailability | Non-cognizable (police need magistrate order to arrest/investigate); bailable. | Traditionally non-cognizable and bailable under IPC practice. |
| Compoundable / Trial | Non-compoundable; triable by any Magistrate. | Non-compoundable; triable by Magistrate (same practical approach). |
| Scope / Coverage | Applies to builders, contractors, supervisors, property owners, workers — anyone responsible for building works. | Same commercial and practical scope — targeting those responsible for safe building operations. |
| Practical effect | Creates legal duty to follow safety measures (scaffolding, supports, barriers) and holds supervisors/owners accountable for negligence. | Same consumer/public-protection effect — deters unsafe construction/demolition practices and promotes precautionary steps. |
| Notable differences / language | Rewritten under BNS terminology; penalty thresholds updated to strengthen deterrence (fine up to ₹5,000). | Original IPC provision — substance retained in BNS but with modernised drafting and updated penalties in BNS. |
| Example scenario | A contractor demolishes a wall without securing adjacent structures, causing partial collapse and endangering bystanders — liable under BNS §290. | Under IPC §288 equivalent, the same negligent demolition would have attracted prosecution for endangering life due to building operations. |
BNS Section 290 FAQs
What is BNS Section 290 about?
BNS Section 290 covers negligent conduct during the construction, demolition, or repair of buildings, which can endanger human life due to safety oversights.
What happens if I violate BNS Section 290?
If you violate BNS Section 290, you could face imprisonment for up to 6 months, a fine of up to ₹5,000, or both, depending on the case’s circumstances.
Is BNS Section 290 a bailable offence?
Yes, BNS Section 290 is a bailable offence, meaning that those charged can secure bail and avoid detention until their trial.
Is BNS Section 290 a cognizable offence?
No, BNS Section 290 is a non-cognizable offence, so the police cannot arrest the accused without a warrant or begin an investigation without a magistrate’s approval.
Can I be tried for BNS Section 290 in any court?
Yes, offences under BNS Section 290 can be tried by any magistrate, providing flexibility in how cases are handled.
What types of accidents does BNS Section 290 aim to prevent?
This section aims to prevent accidents like buildings collapsing or parts falling due to negligence during construction, demolition, or repair work.
Conclusion
BNS Section 290 emphasizes the importance of responsibility in construction and demolition work. It ensures that proper precautions are taken to prevent accidents, injuries, or loss of life caused by collapsing buildings or unsafe repair practices. With provisions for imprisonment and fines, the law acts as a deterrent against negligence and encourages strict adherence to safety standards. By making contractors, builders, and workers accountable, this section promotes a culture of safety in the construction industry and helps protect both public welfare and human lives.
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