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Section 290: Negligent Conduct with Respect to Pulling Down or Repairing Buildings

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 288 IPC
Section 289 All 358 Sections of Bharatiya Nyaya Sanhita Section 291

Legal Commentary & Landmark Judgments: Section 290

Section 290 penalises rash or negligent conduct in pulling down, repairing, or constructing any building, or omitting to take sufficient precautions to prevent danger to human life from building collapse.

  • Demolition, Repair, or Construction: Erecting multi-storey structures, deep excavations, or demolishing old edifices.
  • Absence of Precautions: Failing to erect safety scaffolding, netting, shore walls, or structural supports.
  • Hazard to Public: Causing building collapse, flying debris, or danger to adjacent occupants and pedestrians.
Key Landmark Precedents:
  • Keshub Mahindra v. State of M.P. (1996) 6 SCC 129: The Supreme Court examined the contours of industrial design negligence and criminal culpability in hazardous structural operations.
  • Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed that construction activities must strictly conform to municipal safety bylaws to prevent public harm.
Courtroom Practice & Strategic Litigation Guidance:

Structural engineer audit reports, soil testing records, and municipal sanctioned building plans form the core documentary evidence. Defence should show adherence to National Building Code (NBC) norms.

Section 289 All 358 Sections of Bharatiya Nyaya Sanhita Section 291