Whoever, in pulling down, repairing, or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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 290 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses negligent conduct in the context of construction, repair, or demolition of buildings that may endanger human life. This section holds individuals accountable for failing to take necessary safety measures when working with buildings, ensuring that the structure does not pose a danger to the lives of those around it. Here’s a detailed explanation:
1. Scope of the Section
The section applies to construction, demolition, and repairing of buildings. This includes all types of work on buildings, whether it’s a new construction project, ongoing repairs, or demolishing an old structure.
2. Rash or Negligent Conduct
The law criminalizes negligence or recklessness in these construction-related activities, particularly when:
- Omitting necessary safety measures: This includes failing to implement precautions that prevent accidents or harm to people in or around the building.
- Failing to secure a building: For example, if a building is being demolished and the workers do not properly secure it, parts of the structure may collapse unexpectedly, endangering human life.
3. Risk to Human Life
The section focuses on preventing harm to human life. The danger typically comes from:
- The collapse of parts of a building: When parts of a structure or even the whole building are not properly secured during construction, repair, or demolition, they could fall unexpectedly, causing injury or death.
- Unsafe working conditions: For example, failing to properly shore up walls during demolition, leaving workers or passersby exposed to risk.
Examples of potential hazards include:
- A building under construction where scaffolding is not secured properly, leading to parts of the structure falling.
- A building being demolished without using proper precautions, causing debris to fall onto workers or people nearby.
4. Omission to Take Safety Measures
The key element in this section is the failure to take necessary precautions or measures to prevent accidents. This could involve:
- Not securing a structure adequately during demolition, causing part of it to collapse and potentially injuring people nearby.
- Using unsafe practices during construction, such as not properly securing scaffolding or equipment.
- Neglecting to follow safety codes or guidelines for construction or demolition, which may lead to an unstable structure.
- Failing to warn workers or the public of potential risks associated with building activities.
5. Punishments and Penalties
If someone is found guilty of negligent or reckless conduct in the context of construction, demolition, or repair, they can face the following penalties:
- Imprisonment: The individual may be sentenced to up to six months in prison, depending on the severity of the act and its consequences.
- Fine: A fine of up to five thousand rupees may be imposed.
- Both: In some cases, the court may impose both imprisonment and a fine depending on the gravity of the negligence or recklessness involved.
6. Purpose of the Section
The main purpose of Section 290 is to protect public safety during construction, demolition, and repair activities:
- Preventing accidents and fatalities: The section aims to minimize the risk of people being injured or killed due to negligence or lack of precautionary measures in building-related activities.
- Ensuring adherence to safety standards: This provision ensures that those responsible for the construction or demolition of buildings take appropriate safety measures to avoid causing harm to others.
7. Examples of Offenses Under Section 290
- Example 1: A contractor fails to secure scaffolding properly while working on a high-rise building, causing part of the scaffolding to collapse and injure workers or passersby below.
- Example 2: During the demolition of an old building, the workers fail to shore up the walls and parts of the building fall, injuring people nearby or causing damage to other properties.
- Example 3: A builder does not follow safety guidelines during the construction of a building, resulting in an unstable structure that later collapses, endangering the workers or residents.
8. Conclusion
Section 290 of the Bhartiya Nyaya Sanhita, 2023 criminalizes negligent or rash conduct in the construction, repair, or demolition of buildings that endangers human life. The section is aimed at ensuring that safety measures are in place during such activities to prevent accidents or injuries. Violations of this section may lead to imprisonment (up to six months), a fine (up to five thousand rupees), or both. The section emphasizes the importance of responsible and safe handling of construction projects to protect both workers and the public from the inherent risks of building activities.
