Section 290 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 290 of the Bharatiya Nyaya Sanhita (BNS), 2023, located in Chapter XV: Offences affecting public health, safety, convenience, decency and morals:
🏗️ Section 290 – Negligent Conduct in Relation to Buildings
📜 Offence Defined
Whoever, during the demolition, repair, or construction of any building, knowingly or negligently fails to take measures sufficient to guard against probable danger to human life from the building—or any part of it—commits an offence under this section.
⚖️ Punishment
Imprisonment: Up to 6 months (may be simple or rigorous)
Fine: Up to ₹5,000 (some sources mention ₹1,000; however, the official text specifies ₹5,000) (blog.ipleaders.in)
Or both.
🧩 Legal Characteristics
Cognizability: Non-cognizable — police require a warrant to arrest
Bailability: Bailable — bail can be sought as a matter of right
Non-compoundable: Offence cannot be settled privately
Triable by: Any Magistrate
✅ Key Legal Elements
| Element | Details |
|---|---|
| Activity | Pulling down, repairing, or constructing a building |
| Conduct | Knowingly or negligently omitting safety measures |
| Danger | Probable harm from collapse or failure of structure |
| Mental State | Knowledge of risk or negligence in preventing it |
📋 Quick Reference Table
| Feature | Detail |
|---|---|
| Max Imprisonment | 6 months |
| Max Fine | ₹5,000 |
| Cognizable | No |
| Bailable | Yes |
| Non‑compoundable | Yes |
| Court | Any Magistrate |
🛡️ Public‑Safety Context
This provision places legal responsibility on builders, contractors, and others involved in structural works to take necessary precautions—such as barricading the site, warning pedestrians, and securing structural integrity—to prevent collapse or debris falling and risking public safety.
Built on the framework of IPC’s similar provisions, BNS Section 290 modernizes the standards and ensures accountability in construction-related activities. (
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