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Introduction of BNS Section 290

BNS Section 290 deals with negligent or reckless behavior related to the construction, demolition, or repair of buildings. The law specifically targets individuals who fail to take necessary precautions while working on structures, which can endanger human life due to the risk of collapse. This section holds accountable those involved in building work, ensuring that safety measures are followed to protect workers, passersby, and anyone near such activities. It aims to minimize accidents and injuries caused by unsafe practices in construction and demolition.


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.


290 BNS addresses negligence in construction or demolition to prevent risks to human life and property.
BNS 290 enforces safety precautions in construction and demolition activities to avoid accidents.

BNS 290 in Simple Points

Scope of the Offence
BNS Section 290 applies to anyone involved in the process of pulling down, repairing, or constructing buildings who fails to take sufficient safety measures to prevent potential harm. It holds accountable individuals who neglect basic precautions in ensuring the safety of those around them, such as properly supporting the building or using appropriate safety equipment. This law emphasizes the importance of preventing accidents related to falling debris or collapsing structures. Construction work must follow strict safety guidelines to prevent harm to human life, and any neglect in this regard can lead to legal consequences.

Punishment for Violations
The punishment for violating BNS Section 290 includes imprisonment for a term up to six months, a fine up to ₹5,000, or both. This penalty aims to deter individuals and companies from cutting corners when it comes to safety during construction or demolition. The law recognizes the potential hazards that exist in such activities, so the fine and imprisonment are in place to hold offenders accountable for the risk posed to public safety. The fine serves as a financial deterrent, while imprisonment ensures more serious consequences for reckless actions.

Bailable Offence
BNS Section 290 is classified as a bailable offence, meaning an individual charged under this section can secure their release from custody by providing bail. This provides a degree of leniency, allowing individuals charged with the offence to await trial without being detained. However, this does not undermine the seriousness of the offence; it simply gives the accused the opportunity to contest the charges outside of custody. Despite being bailable, the charges reflect the negligence and potential danger posed by unsafe building practices, which can have severe consequences for public safety.

Non-Cognizable Offence
The offence is non-cognizable, meaning that the police cannot arrest the accused without a warrant or initiate an investigation without the magistrate’s permission. This implies that the offence is considered less serious than cognizable offences and does not allow immediate action such as arrest or investigation without judicial oversight. While the law acknowledges the negligent behavior, it allows for a less urgent response compared to more severe crimes. However, the offence still carries a legal penalty, and the offender can be pursued through the legal system.

Triable by Any Magistrate
BNS Section 290 is triable by any magistrate. This flexibility ensures that cases under this section can be handled at various levels of the judicial system, providing easier access to justice. A magistrate will evaluate the case, considering the degree of negligence and the potential danger to human life caused by the act. This makes it more convenient for those affected by unsafe construction practices to seek legal redress. It also ensures that offenders are held accountable in a timely manner, regardless of the specific court handling the case.


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.

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.

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:

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.

290 BNS punishment includes imprisonment up to 6 months or a fine up to ₹5,000 for negligence in construction.
BNS 290 enforces penalties to deter negligence in construction or demolition work.

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 SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
290Negligent conduct with respect to pulling down, repairing, or constructing buildings, etc.Imprisonment for up to 6 months, or fine of ₹5,000, or both.BailableNon-CognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 290

BNS Section 290 FAQs

What is BNS Section 290 about?

What happens if I violate BNS Section 290?

Is BNS Section 290 a bailable offence?

Is BNS Section 290 a cognizable offence?

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?


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