BNS Section 289 – Negligent conduct with respect to machinery
The Indian Penal Code (IPC) Section – 287
Understanding BNS Section 289: Negligent Conduct with Respect to Machinery
Machinery, if not handled properly, can pose significant risks to human life and safety. Negligent or rash behavior with machinery can lead to accidents, injuries, or even fatalities. Section 289 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 289 Say?
Section 289 deals with the act of handling machinery in a rash or negligent manner, endangering human life or likely to cause hurt or injury. Here’s what the law states:
- Offense: If a person:
- Does any act with machinery in a rash or negligent manner, endangering human life or likely to cause hurt or injury, or
- Knowingly or negligently fails to take proper precautions with machinery in their possession or under their care, failing to guard against probable danger to human life,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 6 months,
- A fine of up to 5,000 rupees, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Handling machinery in a rash or negligent manner, or failing to take proper precautions, endangering human life or likely to cause harm. |
| Punishment | Up to 6 months in jail, a fine of up to 5,000 rupees, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Protects Public Safety: It ensures that machinery is operated and maintained with care, preventing accidents and injuries.
- Ensures Accountability: It holds individuals responsible for negligent or rash behavior with machinery.
- Promotes Safety Standards: It encourages proper handling and maintenance of machinery to avoid accidents.
Examples of Offenses Under Section 289
- Example 1: A factory worker operates heavy machinery without proper training, risking harm to themselves and others.
- Example 2: A construction site manager fails to maintain equipment, leading to a malfunction that injures workers.
- Example 3: A person negligently leaves industrial machinery unattended, endangering nearby individuals.
Conclusion
Section 289 of the BNS is a vital provision to ensure the safe handling of machinery. Negligent or rash conduct with machinery is a punishable offense, as it poses serious risks to human life and safety. Always handle machinery responsibly and prioritize safety.
