Section 289 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 289 of the Bharatiya Nyaya Sanhita, 2023 (BNS), under Chapter XV – Offences Affecting Public Health, Safety, Convenience, Decency, and Morals:
⚙️ Section 289 – Negligent Conduct with Respect to Machinery
🔹 Offence
Applies when a person handles any machinery and either:
Acts rashly or negligently, endangering human life or likely causing hurt or injury, OR
Knowingly or negligently fails to take necessary precautions (e.g., maintenance, safeguards, supervision) to prevent probable danger from that machinery.
🔹 Punishment
Imprisonment (simple or rigorous) for up to 6 months,
Fine up to ₹5,000,
Or both, at the court’s discretion.
🔹 Cognizability & Bail
Non-cognizable: Police cannot arrest without a warrant.
Bailable: Accused can seek bail
Triable by any magistrate.
✔️ Key Points
Machinery encompasses a broad range—from industrial equipment to simple mechanical tools.
Covers both active misconduct (rash actions) and omissions (failing to safeguard).
Focuses on risks to life and personal safety, not property damage.
📝 Example Scenario
A factory supervisor neglects guarding exposed gears or fails to ensure safety interlocks. If a worker is injured or at risk, such oversight may lead to prosecution under Section 289 due to negligent maintenance or supervision.
📌 Relation to Neighboring Sections
Section 289 sits in a cluster of “negligent conduct” offences related to hazards:
Section 286: Poisonous substances
Section 287: Fire or combustible matter
Section 288: Explosive substances
Section 290: Buildings and construction
Section 291: Animals under one’s care
These provisions share similar structure: rash/negligent act or failure to prevent danger, punishable by jail (≤ 6 months) and fine (commonly ₹5,000)
🔍 Why It Matters
Ensures accountability in handling machinery across workplaces and public spaces.
Acts as a preventive legal measure, encouraging proper safety protocols.
Protects workers and public from harm caused by negligent use or oversight.
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