Bharatiya Nyaya Sanhita, 2023
Section 289 BNS: Negligent Conduct with Respect to Machinery
Section 289 of the Bharatiya Nyaya Sanhita, 2023 deals with rash or negligent conduct involving machinery and with knowing or negligent failure to take sufficient precautions against probable danger to human life from machinery in a person's possession or under that person's care. This page explains the statutory text, essential ingredients, punishment and procedural classification.
Section 289 BNS - Statutory Provision
289. Negligent conduct with respect to machinery.
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 five thousand rupees, or with both.
The statutory text above is reproduced for legal reference. For authoritative use, consult the official text of the Bharatiya Nyaya Sanhita, 2023.
Meaning and Scope of Section 289
Section 289 addresses two principal forms of unsafe conduct involving machinery. The first is an act done rashly or negligently with machinery in a manner that endangers human life or is likely to cause hurt or injury to another person. The second is a knowing or negligent omission to take sufficient precautions with machinery in a person's possession or under that person's care to guard against probable danger to human life.
The provision therefore covers both unsafe operation or use of machinery and a failure to properly secure, maintain, supervise or control machinery where the statutory requirements are satisfied.
Essential Ingredients of an Offence under Section 289 BNS
Depending on the part of the provision relied upon, the principal ingredients include:
- The conduct must involve machinery.
- There must be an act done rashly or negligently that endangers human life or is likely to cause hurt or injury to another person; or
- There must be a knowing or negligent omission to take sufficient order or precautions with machinery in the accused person's possession or under that person's care.
- In the omission branch, the omitted precautions must be sufficient to guard against probable danger to human life from the machinery.
Punishment, Bail and Court Jurisdiction
Section 289 provides imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 5,000, or both.
| BNS Section | Section 289 |
|---|---|
| Offence | Negligent conduct with respect to machinery |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 5,000 |
| Cognizable | No - non-cognizable |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The procedural classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 289 is classified there as non-cognizable and bailable, and triable by any Magistrate.
Legal Reference
Section 289 BNS substantially carries forward the subject matter previously dealt with under Section 287 of the Indian Penal Code, 1860, while the BNS provision prescribes a maximum fine of Rs. 5,000.
For an actual case, the applicable substantive and procedural law should be checked with reference to the date of the alleged act, relevant repeal and saving provisions, and the particular facts and evidence.