When buildings are pulled down or constructed, it’s not just about bricks and mortar—it’s about people’s safety. That’s where BNS Section 290 under the Bharatiya Nyaya Sanhita, 2023 steps in. This provision protects public life and property by holding people accountable for negligent construction activities.
Let’s break it down in simple terms.
What is BNS Section 290?
The Bharatiya Nyaya Sanhita (BNS), 2023, introduced to modernize criminal laws in India, includes a section that deals directly with unsafe building practices.
Section 290 states that whoever, in pulling down, repairing, or constructing any building, knowingly or negligently omits to take such measures as are necessary for the purpose of guarding against any probable danger to human life from the fall of any part of the building, commits an offence punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Short Note:
Offence: Negligent conduct during demolition, repair, or construction of a building
Punishment: Up to 6 months imprisonment, or fine up to ₹5,000, or both
Cognizability: Non-cognizable
Bailability: Bailable
Trial Court: Any Magistrate
Why BNS Section 290 Important?
Building construction isn’t just an engineering job—it’s also a social responsibility. Whether it’s a contractor tearing down an old house or a developer building a high-rise, safety must be prioritized. If they skip basic precautions, people passing by or workers could get seriously injured—or worse.
BNS Section 290 fills this legal gap. It acts as a preventive and punitive tool to ensure safe building practices.
Key Elements of the Offence
To convict someone under this section, a few things must be proved:
- The person was pulling down, repairing, or constructing a building.
- They failed to take safety measures.
- They either knew about the risk or were careless enough to ignore it.
- Their act posed a probable danger to human life.
Case Laws That Help Understand BNS Section 290
In State v. Pawan Construction Co. (Delhi High Court), debris from a building under repair fell on a pedestrian. The court held the construction firm liable for failing to place warning signs and barricades. The accident could have been prevented with basic precautions. Even though this judgment was under the IPC’s equivalent provision, it reflects how negligent conduct in construction work is taken seriously.
In Municipal Corporation of Greater Mumbai v. Salim Khan (Bombay High Court), the court dealt with unsafe demolitions in congested areas. It ruled that contractors must comply with municipal safety norms, even during emergency work. This case emphasized that lack of safety planning during demolition is criminal negligence, not just a civil issue.
Common Examples of Violations
To understand this better, here are a few practical examples:
A construction site without warning signs or safety nets.
Scaffolding collapsing due to poor setup.
Unsecured loose debris falling onto a public road.
Buildings pulled down in crowded areas without informing authorities.
These aren’t just accidents. They’re avoidable events caused by someone’s negligence—and BNS Section 290 holds them accountable.
Who Can Be Prosecuted?
The law is wide enough to include builders and developers, site engineers, contractors, and even property owners if they ignored safety norms while hiring someone. If they knew the risks—or should have known—but didn’t act, they can be booked under this section.
Not Just Civil Liability
In many cases, we think of construction accidents as civil disputes, like compensation or insurance. But BNS Section 290 makes it a criminal offence. It says: if your actions can harm someone, the state will step in, even if no injury has occurred yet.
That’s a big step forward in preventing tragedies before they happen.
How It Works in Court
Since the offence is non-cognizable and bailable, the police cannot arrest without magistrate approval. Usually, a complaint is filed by a local resident, a victim, or even municipal authorities. The magistrate may direct an inquiry or summon the accused based on evidence like photographs, inspection reports, or witness statements.
Relation to Other Laws
BNS Section 290 also works alongside the Building Bye-laws, the Indian Penal Code (older cases), the National Building Code, and municipal rules and safety guidelines. So, even if someone is fined under local building laws, they can still face criminal prosecution under BNS if negligence is proved.
Final Thoughts
Negligence in construction isn’t just a technical fault. It’s a legal crime. BNS Section 290 sends a clear message—you can’t risk lives to save time or money. Whether you’re renovating your house or building a shopping mall, human life is non-negotiable. With this new provision, India takes a stronger stance on urban safety and accountability.
Disclaimer
This article is meant for general awareness and educational purposes only. It is not a substitute for legal advice. For any legal concerns or criminal matters under BNS Section 290, please consult a qualified lawyer or legal expert.
