Bharatiya Nyaya Sanhita, 2023
Section 290 BNS: Negligent Conduct with Respect to Pulling Down, Repairing or Constructing Buildings
Section 290 of the Bharatiya Nyaya Sanhita, 2023 deals with failure to take sufficient safety measures while pulling down, repairing or constructing a building where the omission creates probable danger to human life from the fall of the building or any part of it. This page explains the statutory text, essential ingredients, punishment and procedural classification.
Section 290 BNS - Statutory Provision
290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
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.
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 290
Section 290 is directed at safety precautions during demolition, repair and construction work. It applies where a person knowingly or negligently fails to take sufficient measures with a building to guard against probable danger to human life arising from the fall of the building or any part of it.
The provision focuses on an omission to take adequate protective measures. Depending on the facts, relevant precautions may concern structural support, barriers, controlled access, temporary bracing, safe demolition practices or other measures appropriate to prevent danger from collapse or falling parts. The legal question remains whether the statutory requirement of sufficient measures to guard against probable danger to human life was met.
Essential Ingredients of an Offence under Section 290 BNS
On the wording of Section 290, the principal ingredients are:
- The activity must involve pulling down, repairing or constructing a building.
- The accused must omit to take sufficient measures with that building.
- The omission must be knowing or negligent.
- The required measures must be those sufficient to guard against probable danger to human life.
- The probable danger must arise from the fall of the building or any part of it.
Punishment, Bail and Court Jurisdiction
Section 290 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 290 |
|---|---|
| Offence | Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. |
| 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 290 is classified there as non-cognizable and bailable, and triable by any Magistrate.
Legal Reference
Section 290 BNS substantially carries forward the subject matter previously addressed by Section 288 of the Indian Penal Code, 1860. The BNS provision expressly includes constructing a building in addition to pulling down and repairing, and 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.