Section 289 BNS: Negligent conduct with respect to machinery
Bharatiya Nyaya Sanhita, 2023
Section 289 BNS at a Glance
Section 289 BNS deals with negligent conduct with respect to machinery. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 287 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to six months.
Section 289 BNS Bare Act Text
289. Negligent conduct with respect to machinery
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.
Source: Section 289, Bharatiya Nyaya Sanhita, 2023
Section 289 BNS in Simple Words
Section 289 of the Bharatiya Nyaya Sanhita (BNS) addresses rash or negligent conduct with respect to any machinery. It applies to any person who performs a dangerous act with machinery, as well as to anyone who has machinery in their possession or under their care and fails to maintain proper safety measures.
Under this provision, an offence is committed if a person does any act with machinery so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person. It is also an offence if a person knowingly or negligently omits to take such order with any machinery in their possession or under their care as is sufficient to guard against any probable danger to human life from that machinery. Having machinery under one's care means a supervisor, operator, or custodian can be liable even if they do not own the machine.
A person convicted under Section 289 BNS shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine which may extend to five thousand rupees, or with both.
Ingredients of Section 289 BNS
- The accused did an act with machinery, or omitted to take proper order with machinery in his possession or care
- The act was done rashly or negligently, or the omission was knowing or negligent
- The conduct endangered human life, or was likely to cause hurt or injury to another person
- In case of omission, the order not taken was sufficient to guard against probable danger to human life from that machinery
Punishment Under Section 289 BNS
Imprisonment of either description for a term which may extend to six months.
The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.
Rash or negligent conduct with respect to machinery is punishable with imprisonment of either description for up to six months, or with fine up to five thousand rupees, or with both.
Example of Section 289 BNS
When Section 289 BNS Does Not Apply
- A machine is properly guarded and handled with due care, but a freak electrical defect causes harm without any rash or negligent act or omission
- There is only damage to the machine or other property, with no endangerment to human life and no likelihood of hurt or injury to any person
- The danger comes from an animal, not machinery
- A person intentionally uses machinery to cause injury, rather than acting rashly or negligently
Section 289 BNS in the IPC (Previous Law)
Section 289 BNS replaces Section 287 IPC from the old criminal code.
Section 287 IPC is now Section 289 BNS. The definition of the offence and the maximum imprisonment of six months remain unchanged, while the maximum fine has been increased from one thousand rupees under Section 287 IPC to five thousand rupees under Section 289 BNS.
View IPC Section 287 →FAQs on Section 289 BNS
What does Section 289 BNS cover in simple words?▼
Section 289 BNS covers rash or negligent acts involving machinery that endanger human life or are likely to cause hurt or injury to another person. It also covers failing to take proper safety measures for machinery in your possession or under your care when that failure creates probable danger to human life.
What has to be proved for a case under Section 289 BNS?▼
It must be shown that the person acted rashly or negligently with machinery, or knowingly or negligently failed to take sufficient safety precautions. It must also be shown that this conduct endangered human life or was likely to cause hurt or injury, or that the machinery created probable danger to human life.
What is the punishment under Section 289 of the Bharatiya Nyaya Sanhita?▼
The punishment under Section 289 BNS may extend to six months' imprisonment, or fine up to five thousand rupees, or both. The exact punishment depends on the facts proved in the case.
Is Section 289 BNS only about causing an actual injury?▼
No. Section 289 BNS can apply even if no one was actually injured, as long as the rash or negligent act with machinery endangered human life or was likely to cause hurt or injury, or there was a failure to take sufficient safety measures against probable danger to human life.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·