Section 287 IPC - Negligent Conduct with Respect to Machinery
Section 287 of the Indian Penal Code, 1860 dealt with rash or negligent conduct involving machinery where the conduct endangered human life or was likely to cause hurt or injury. It also covered a knowing or negligent failure to take sufficient precautions against probable danger from machinery in a person's possession or care.
Text of Section 287 IPC
Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery,
shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Meaning and scope of Section 287 IPC
The provision addressed unsafe conduct connected with machinery. Liability could arise from a positive act - using, operating or dealing with machinery rashly or negligently - or from an omission to take sufficient precautions where the machinery was in the person's possession or under that person's care.
The section was preventive in character. The statutory wording focused on conduct that endangered human life or was likely to cause hurt or injury. Therefore, the section did not require that death or actual bodily injury must necessarily occur before the provision could apply.
Essential ingredients of the offence
For Section 287 IPC to be attracted on its terms, the prosecution had to establish the facts bringing the conduct within one of the two statutory branches:
- Machinery: the alleged act or omission had to concern machinery.
- Rash or negligent act: a person did an act with machinery so rashly or negligently that it endangered human life or was likely to cause hurt or injury to another person; or
- Failure to take precautions: a person knowingly or negligently omitted to take sufficient measures concerning machinery in his possession or under his care to guard against probable danger to human life.
- Required risk: the facts had to show the danger or likelihood contemplated by the section, rather than a merely theoretical or remote possibility unrelated to the manner in which the machinery was handled or guarded.
What do rashness and negligence mean in this context?
Section 287 itself did not separately define the words "rashly" and "negligently." Their significance therefore depended on the facts and on the criminal-law standard applicable to the alleged conduct. In practical terms, the inquiry concerns the manner in which the machinery was used or safeguarded, the precautions reasonably called for by the circumstances, and whether the alleged act or omission created the kind of danger described in the section.
A mere accident does not by itself reproduce every ingredient of Section 287. The prosecution must prove the relevant rash or negligent conduct, or the knowing or negligent omission, together with the statutory danger or likelihood.
Punishment and classification under the pre-BNS law
Under the First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 287 IPC was classified as non-cognizable and bailable and was triable by any Magistrate.
Section 287 IPC at a glance
| Point | Pre-BNS position |
|---|---|
| Subject | Negligent conduct with respect to machinery |
| Nature of conduct | Rash or negligent act with machinery, or knowing/negligent omission to take sufficient precautions |
| Risk addressed | Danger to human life or likelihood of hurt or injury; probable danger to human life in the omission branch |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 1,000 |
| Cognizable | No |
| Bailable | Yes |
| Court | Any Magistrate |
Practical application
The provision could be relevant where machinery was operated in an unsafe manner or where a person responsible for machinery failed to adopt safeguards sufficient to guard against probable danger to human life. Whether a particular incident amounted to an offence depended on evidence about the machinery, the person's control or care of it, the precautions taken, the nature of the alleged act or omission, and the resulting danger.
Current-law transition
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for the new criminal-law framework from 1 July 2024, subject to the commencement notification and applicable saving and transitional principles. The BNS contains a corresponding provision on negligent conduct with respect to machinery in Section 289. This page, however, deliberately explains the legal position under Section 287 IPC before implementation of the BNS.
Related IPC provisions
Section 287 formed part of a group of IPC provisions addressing dangerous or negligent conduct involving particular things or activities. Nearby provisions include Section 284 - poisonous substance, Section 285 - fire or combustible matter, and Section 286 - explosive substance.
This page is a general legal-information resource on the pre-BNS law. The application of criminal law depends on the facts, date of occurrence, procedural stage, and other applicable statutory provisions.