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BNS Section 290: Negligent Conduct With Respect To Pulling Down, Repairing Or Constructing Buildings, Etc
Section 290 falls under Chapter 15 of the Bharatiya Nyay Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 290 specifically deals with negligence in building work. Let us take a closer look at its provisions.
Definition of BNS Section 290
Section 290 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Explanation and Illustration of BNS Section 290
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of negligently carrying out building work. Let us break down the section to get a better understanding of it.
Offence
This section provides that pulling down, repairing or constructing a building or any other kind of works related to buildings shall be considered an offence under the provisions of this section if such works cause:
Also, it clarifies that it is not just the performance of any work that shall be considered an offence under this section. Lack of action, or omitting to perform an action which leads to endangering any person shall also be considered an offence. For instance, if a person conducting repair work in the building dumps the debris on the road, then such an action shall be considered an offence. On the other hand, if the person transports the debris to the allocated location for dumping, but transports the debris in an open truck, then the lack of taking precautions while handling the debris shall also be considered an offence.
Finally, since this section deals with public health and safety, intent is not a key factor in this. In other words, it doesn’t matter if the person handling the building works had no intention of harming the public. It doesn’t matter if the action was performed knowingly or rashly out of negligence. If it has led to the above situation, it shall be considered an offence.
Punishment
Any person who undertakes construction works dangerously or fails to handle it safely such that it endangers the lives of members of the public shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
Y is bringing down his building for reconstruction using explosives. Y has not put up a board warning the public of the ongoing work. Y is an offender under the provisions of this section
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 290
This section deals with:
Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 290 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 290 of BNS replaces Section 288 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 290 | Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. | 288 | The upper limit of the fine is increased from one thousand to five thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 290 of the Bharatiya Nyay Sanhita (BNS)
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