Indian criminal law | Updated 30 October 2026
IPC Section 288 and BNS Section 290: Negligent Building Demolition, Repair and Construction
Negligent building work can endanger workers, neighbours and passers-by. This guide explains the former IPC Section 288 and the current BNS Section 290, including safety obligations, penalties and criminal procedure.
What did IPC Section 288 provide?
Section 288 of the Indian Penal Code, 1860, addressed a person who, while pulling down or repairing a building, knowingly or negligently failed to take sufficient precautions against probable danger to human life arising from the fall of the building or any part of it.
Original punishment: imprisonment of either description for up to six months, or a fine up to Rs. 1,000, or both. The provision concerned the risk from falling structures or parts, and did not require a fatal accident before the offence could arise.
Current provision: Section 290 of the Bharatiya Nyaya Sanhita, 2023
BNS Section 290 is titled Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. It penalises knowingly or negligently failing to adopt sufficient measures, while undertaking these activities, to guard against probable danger to human life from a building or any part of it falling.
Punishment: imprisonment of either description for up to six months, or a fine up to Rs. 5,000, or both. The provision expressly adds construction to the activities mentioned in the former IPC provision.
Essential ingredients of the offence
- Building activity: the matter concerns demolition, repair or construction of a building.
- Omission: the person knowingly or negligently fails to take measures sufficient to guard against a probable danger.
- Nature of danger: the probable danger to human life arises from the fall of the building or part of it.
- Connection to responsibility: the evidence must link the accused person's conduct or omission to the relevant unsafe activity; liability is not automatic merely because the person owns the property.
Meaning of important legal expressions
Negligence: failure to exercise the care reasonably required by the circumstances. Criminal negligence requires assessment of the statutory elements and the seriousness of the departure from required precautions.
Knowingly omits: consciously failing to take necessary precautions despite awareness of the relevant circumstances.
Probable danger to human life: a foreseeable risk to human life from structural collapse or falling components; actual death or injury is not an express ingredient of this section.
Imprisonment of either description: imprisonment that may be simple or rigorous, as determined under the applicable law.
IPC Section 288 vs BNS Section 290
| Feature | IPC Section 288 | BNS Section 290 |
|---|---|---|
| Activities covered | Pulling down or repairing buildings | Pulling down, repairing or constructing buildings |
| Maximum imprisonment | Six months | Six months |
| Maximum fine | Rs. 1,000 | Rs. 5,000 |
| Applicable framework | Former IPC regime; relevant to pre-commencement conduct | Current BNS regime from 1 July 2024 |
Is BNS Section 290 cognizable and bailable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence is non-cognizable, bailable and triable by any Magistrate.
In a non-cognizable case, the police generally require the Magistrate's order to investigate under the applicable BNSS procedure. A bailable offence means an eligible accused person has a statutory right to bail upon satisfying the applicable conditions. Where other offences are alleged, their classifications and procedural consequences must be assessed separately.
Practical examples of unsafe building work
- Demolishing a wall beside a busy footpath without suitable barriers or precautions against falling debris.
- Repairing a dangerously unstable facade without securing loose masonry that could fall onto pedestrians.
- Carrying out construction without adequate support for an unstable portion of a structure, creating a foreseeable collapse hazard.
These examples are illustrative. Whether an offence is established depends on evidence of the statutory ingredients, the actual precautions taken and the surrounding circumstances.
Who may be responsible?
Depending on the facts, the relevant person may be a contractor, supervisor, site manager, owner directly controlling the work or another person responsible for the omission. Criminal liability must be established against the particular accused; designation or ownership alone does not prove the offence.
What if a person is injured or killed?
Where falling building material causes hurt, grievous hurt or death, other applicable provisions may require consideration in addition to BNS Section 290. The precise charges depend on the nature of the conduct, harm, causation and available evidence. Municipal building rules, occupational safety requirements and civil compensation remedies may also be relevant.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Section 290)
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF (First Schedule)
- National Crime Records Bureau - BNS provisions
- National Crime Records Bureau - BNSS offence classification
Frequently asked questions
What is the current equivalent of IPC Section 288?
Section 290 of the Bharatiya Nyaya Sanhita, 2023, addresses negligent precautions during demolition, repair and construction of buildings.
What is the punishment under BNS Section 290?
Imprisonment of either description up to six months, a fine up to Rs. 5,000, or both.
Is BNS Section 290 bailable?
Yes. It is non-cognizable and bailable, and is triable by any Magistrate under the First Schedule to the BNSS.
Does Section 290 apply to construction?
Yes. Unlike the wording of former IPC Section 288, BNS Section 290 expressly includes construction of buildings.
This article provides general legal information and is not a substitute for advice based on the facts of a particular case.