Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, 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.
Simplified Explanation
Section 289 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with negligent or rash conduct involving machinery that endangers human life or causes injury to others. This section addresses situations where machinery is mishandled, improperly maintained, or used recklessly, leading to potential harm. Here’s a detailed breakdown:
1. Machinery
- Machinery refers to any mechanical device, machine, or equipment that performs a specific function, usually through mechanical, electrical, or hydraulic means. This could include:
- Industrial machinery: Machines used in factories, construction, manufacturing, etc.
- Agricultural machinery: Tractors, plows, harvesters, etc.
- Household appliances: Devices like washing machines, refrigerators, etc., when used improperly.
- Vehicles and transport machinery: Cars, trucks, trains, and other vehicles.
- Power tools: Equipment like drills, saws, and other hand-operated machines.
2. Rash or Negligent Acts
The section criminalizes rash and negligent conduct involving machinery:
- Rash conduct: This refers to reckless or careless actions involving machinery that can easily lead to accidents. For example, operating machinery without regard for safety protocols, overloading a machine, or bypassing safety features.
- Negligent conduct: This refers to a failure to exercise reasonable care in handling or maintaining machinery. Examples include:
- Failing to inspect machinery regularly for defects or signs of wear.
- Not following safety procedures for operating or maintaining machinery.
- Leaving machinery in a dangerous state where it could cause harm, such as leaving machinery running unattended or without proper guards.
3. Endangering Human Life or Likely Causing Injury
The conduct must create a risk to human life or be likely to cause hurt or injury. This could involve situations like:
- Using defective machinery that is likely to malfunction and cause injury.
- Operating machinery improperly, such as running a machine with exposed moving parts, which could lead to accidents.
- Overloading machines or operating them beyond their intended capacity, putting people in danger.
Examples of such injuries could include:
- Cuts, burns, or crush injuries from operating power tools or factory machines without proper safety measures.
- Accidents due to faulty vehicles or construction equipment.
4. Omission to Take Proper Precautions
This section also covers situations where a person fails to take the necessary precautions when handling machinery. For example:
- Not maintaining machinery or ignoring necessary repairs that would make the equipment safer to use.
- Failing to install safety features, like guards, emergency stops, or safety labels, that could prevent accidents.
- Not training employees or users on how to properly and safely operate the machinery.
5. Punishments and Penalties
If someone is found guilty of negligent or rash conduct involving machinery, the following penalties apply:
- Imprisonment: The offender may be sentenced to imprisonment for up to six months, depending on the severity of the offense and the potential harm caused.
- Fine: A fine of up to five thousand rupees may be imposed on the individual.
- Both: In some cases, the court may impose both imprisonment and a fine, depending on the circumstances and the degree of negligence or recklessness.
6. Purpose of the Section
- Public and Worker Safety: The primary goal of Section 289 is to ensure that machinery is used and maintained safely, minimizing the risk of accidents and injuries. This is especially important in industrial settings or where heavy machinery is used.
- Preventing Accidents: The section seeks to prevent machinery-related accidents by holding individuals accountable for their actions (or inactions) that can lead to harm.
7. Examples of Offenses Under Section 289
- Example 1: A factory worker fails to check a machine’s safety features (such as emergency stops or safety guards) and continues to use it, resulting in a serious injury when the machine malfunctions.
- Example 2: A person operates a power tool without protective gear or safety precautions, and the tool malfunctions, causing a cut or injury.
- Example 3: A construction company does not maintain its cranes or heavy machinery properly, leading to a breakdown or malfunction that causes damage or injury to workers on-site.
8. Conclusion
Section 289 of the Bhartiya Nyaya Sanhita, 2023 emphasizes the need for responsible handling and maintenance of machinery to ensure public and worker safety. It criminalizes rash or negligent conduct with machinery, recognizing that such conduct can lead to serious accidents, injuries, or even fatalities. The penalties include imprisonment for up to six months, a fine of up to five thousand rupees, or both, depending on the nature of the offense. This law aims to reduce the risk of harm caused by improper use or neglect of machinery, encouraging safe practices and adherence to safety standards.
