Section 289 BNS: Negligent Conduct with Respect to Machinery (Formerly Section 287 IPC)

Section 289 of Bharatiya Nyaya Sanhita: Negligent Conduct with Respect to Machinery

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 289

Section 289 punishes doing any rash or negligent act with respect to machinery, or knowingly or negligently omitting to take adequate care with machinery in one's possession to protect human life.

Machinery and Industrial Equipment: Factory belts, heavy cranes, high-voltage generators, press machines, or elevators.
Lack of Safety Precautions: Operating without safety guards, bypassing emergency kill switches, or ignoring mandatory maintenance.
Endangerment: Endangering human life or safety of workers and public.

Key Landmark Precedents:

Bhadreshwar Rayon v. State of Gujarat (1998) 2 GLR 1450: Held that factory managers who remove safety guards from high-speed rotating gears resulting in worker amputation are criminally liable.
Sushil Ansal v. State through CBI (2014) 6 SCC 173: Reiterated that failure to service and insulate heavy electrical machinery causing fire is culpable negligence.

Courtroom Practice & Strategic Litigation Guidance:

Factory Inspector audit memos and maintenance service contracts are vital. Defence should check whether the worker bypassed safety interlocks against explicit written rules.

Section 289: Negligent Conduct with Respect to Machinery

Section 289 of Bharatiya Nyaya Sanhita: Negligent Conduct with Respect to Machinery

Legal Commentary & Landmark Judgments: Section 289