Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order 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 one thousand rupees, or with both.
IPC Section 288: Simplified Explanation
IPC Section 288 of the Indian Penal Code (IPC) addresses negligent conduct in pulling down or repairing buildings. This section aims to prevent accidents and ensure public safety by penalizing those who negligently carry out demolition or repair work on buildings, thereby endangering human life or causing injury.
Key Elements:
- Negligent Conduct: The person must have acted negligently or rashly.
- Building Work: The act involves the pulling down or repairing a building.
- Endangerment: The conduct must likely endanger human life or cause harm to any person.
Is IPC Section 288 Bailable?
Yes, IPC Section 288 is a bailable offence. This means that an accused person has the right to be released on bail by providing a security amount and a bail bond. A police officer or a magistrate can decide to grant bail.
IPC Section 288 Punishment
The punishment for an offence under IPC Section 288 includes:
- Imprisonment: The convicted person can be sentenced to imprisonment for a term that may extend up to six months.
- Fine: The person can also be liable to pay a fine, which may extend up to one thousand rupees.
- Both: In some cases, the court may impose imprisonment and a fine.
This provision is intended to ensure that individuals take proper precautions and follow safety standards when demolishing or repairing buildings.
Example of IPC Section 288
A construction company was hired to demolish an old building in a busy urban area. However, the company should have established proper barriers and warning signs around the demolition site. Additionally, they did not follow the recommended safety procedures during demolition. As a result, debris from the building fell onto a nearby street, injuring several pedestrians.
The company’s negligence in ensuring safety measures during the demolition led to charges under IPC Section 288. In court, it was established that the company’s actions were rash and negligent, endangering human life and causing harm. Consequently, the responsible supervisor was sentenced to three months of imprisonment and fined one thousand rupees, highlighting the importance of adhering to safety protocols in construction and demolition activities to protect public safety.
