Code: Section 290 BNS
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 of Section 290 BNS
Section 290 of the Bharatiya Nyaya Sanhita (BNS) addresses negligent or rash conduct related to the construction, repair, or demolition of buildings. The section aims to ensure that individuals and construction professionals take necessary precautions to prevent accidents that could result in the collapse of structures, causing harm or death to people.
Key Provisions:
- Negligent Acts: Involves any careless behavior in the process of constructing, repairing, or demolishing buildings that could lead to structural failure.
- Failure to Ensure Safety: Includes neglecting to implement safety measures like proper scaffolding, load-bearing assessments, or secure demolition techniques.
This section is vital for maintaining public safety, especially in urban areas where construction activities are frequent.
Illustration
Example 1: Unsafe Demolition Leading to Injury
A construction company demolishes an old building without securing the structure properly. As a result, debris falls, injuring several pedestrians. The responsible contractors may be charged under Section 290 BNS for negligence.
Example 2: Poor Maintenance During Building Repairs
An individual hires untrained workers to repair a roof without ensuring proper safety measures. The roof collapses, injuring someone below. The person responsible for the repair may face legal action under Section 290 BNS.
Common Questions and Answers on Section 290 BNS
1. What does Section 290 cover?
- Answer: It applies to all activities related to the construction, repair, and demolition of buildings where negligent practices could endanger human life.
2. What constitutes “negligent conduct” under Section 290?
- Answer: Negligent conduct includes failing to follow safety protocols, using substandard materials, ignoring structural assessments, and poor supervision during construction or demolition.
3. What are the punishments under Section 290?
- Answer: The punishment includes imprisonment for up to six months, a fine up to five thousand rupees, or both.
4. Does the intent to cause harm matter under Section 290?
- Answer: No, the section focuses on negligence rather than intent. Even without malicious intent, careless actions leading to potential danger are punishable.
Conclusion
Section 290 BNS is a critical legal safeguard to ensure the safety of individuals during construction, repair, or demolition activities. It holds individuals and companies accountable for neglecting safety measures that could result in life-threatening accidents.
