IPC Section 287 and BNS Section 289: Negligent Conduct with Respect to Machinery
Negligent operation, maintenance or supervision of machinery can expose people to serious danger. Indian criminal law addresses such conduct under the former Indian Penal Code, 1860, and the Bharatiya Nyaya Sanhita, 2023.
What did Section 287 of the Indian Penal Code provide?
Section 287 of the IPC addressed a person who acted so rashly or negligently with machinery as to endanger human life or be likely to cause hurt or injury to another person. It also addressed a person who knowingly or negligently failed to take adequate precautions concerning machinery in their possession or care to guard against probable danger to human life.
Former punishment: Imprisonment of either description for up to six months, or a fine up to Rs. 1,000, or both.
Section 289 of the Bharatiya Nyaya Sanhita, 2023
BNS Section 289 retains the substance of the earlier offence: rash or negligent acts involving machinery that endanger human life or are likely to cause hurt or injury, as well as knowing or negligent omissions to take sufficient precautions against probable danger from machinery in a person's possession or care.
Current punishment: Imprisonment of either description for up to six months, or a fine up to Rs. 5,000, or both. The provision does not require that someone actually suffer an injury if the statutory danger or likelihood of injury is established.
Essential ingredients of the offence
- Machinery: The conduct or omission must relate to machinery.
- Rash or negligent act: The machinery must be used or handled in a manner that endangers human life or is likely to cause hurt or injury to another person; alternatively, there must be a qualifying failure to take precautions.
- Duty of precaution: For the omission limb, the machinery must be in the person's possession or under their care, and sufficient safeguards against probable danger must not have been taken knowingly or negligently.
- Relevant risk: The circumstances must demonstrate the danger or likelihood of injury described by the provision; mere ownership of machinery is not enough.
Examples of potentially negligent machinery conduct
- Operating industrial machinery without necessary guards while workers are exposed to moving parts.
- Allowing a defective lifting machine to operate despite a known danger to nearby people.
- Failing to isolate hazardous equipment during maintenance where adequate precautions were required.
- Leaving accessible moving equipment unsecured in circumstances creating a foreseeable risk of injury.
These are illustrations, not automatic findings of criminal liability. Each case depends on evidence of the conduct, degree of negligence, applicable precautions and actual circumstances.
IPC Section 287 and BNS Section 289: Comparison
| Point | IPC Section 287 | BNS Section 289 |
|---|---|---|
| Subject | Negligent conduct with respect to machinery | Negligent conduct with respect to machinery |
| Maximum imprisonment | Six months | Six months |
| Maximum fine | Rs. 1,000 | Rs. 5,000 |
| Alternative punishment | Imprisonment, fine or both | Imprisonment, fine or both |
| Period of application | Earlier offences, subject to savings | New-law regime from 1 July 2024 |
Is BNS Section 289 cognizable or bailable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 289 is non-cognizable, bailable and triable by any Magistrate.
- Non-cognizable: A police officer ordinarily cannot arrest without a warrant for this offence alone; investigation of a non-cognizable case is governed by the BNSS requirements.
- Bailable: An accused person is entitled to bail subject to the applicable statutory procedure.
- Triable by any Magistrate: The First Schedule assigns trial to a competent judicial Magistrate.
If the incident also involves death, grievous hurt or other offences, separate statutory provisions and their classifications may become relevant.
Practical considerations for machinery owners, employers and operators
Appropriate measures may include protective guards, preventive maintenance, documented inspections, suitable training, emergency-stop arrangements and prompt correction of known defects. The precise legal obligations depend on the equipment, workplace and any applicable safety legislation. Criminal liability under BNS Section 289 is distinct from potential regulatory, civil or compensation consequences.
Frequently asked questions
What is IPC Section 287?
IPC Section 287 punished rash or negligent conduct involving machinery, including failure to take adequate precautions against probable danger to human life.
Which BNS section corresponds to IPC 287?
Section 289 of the Bharatiya Nyaya Sanhita, 2023, covers negligent conduct with respect to machinery from 1 July 2024.
What is the punishment under BNS Section 289?
Imprisonment of either description for up to six months, or a fine up to Rs. 5,000, or both.
Is BNS Section 289 cognizable and bailable?
It is non-cognizable and bailable, and is triable by any Magistrate under the First Schedule to the BNSS.
Does an accident automatically establish guilt?
No. The prosecution must establish the statutory elements, including a rash or negligent act or omission creating the specified danger. An accident alone does not prove the offence.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Section 289)
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF (First Schedule)
- NCRB - BNSS First Schedule offence classification
Legal information updated 30 October 2026. This article is general information, not advice on the facts of a particular case.