Section 290 BNS: Negligent conduct with respect to pulling down, repairing or constructing buildings, etc

Bharatiya Nyaya Sanhita, 2023

Section 290 BNS at a Glance

Section 290 BNS deals with negligent conduct with respect to pulling down, repairing or constructing buildings, etc. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 288 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to six months.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 288 →

Section 290 BNS Bare Act Text

290. Negligent conduct with respect to pulling down, repairing or constructing buildings etc.

Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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 290, Bharatiya Nyaya Sanhita, 2023

Section 290 BNS in Simple Words

Section 290 of the Bharatiya Nyaya Sanhita (BNS) deals with negligent conduct during the demolition, repair, or construction of any building. It applies to any person engaged in or responsible for pulling down, repairing, or constructing a building who fails to take adequate structural or site safety measures.

For this section to apply, the person must knowingly or negligently omit to take such measures with the building as are sufficient to guard against any probable danger to human life from the fall of that building, or of any part of it. Unlike general negligence provisions, this section focuses specifically on the hazard of a building or part of a building collapsing or falling during construction, repair, or demolition work. It is not necessary that a collapse or injury actually takes place, so long as the omission creates a probable danger to human life.

Whoever commits this offence 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 290 BNS

  • The act was during pulling down, repairing or constructing a building
  • The accused knowingly or negligently omitted to take sufficient measures with the building
  • The omitted measures were needed to guard against probable danger to human life
  • The danger was from the fall of the building or any part of it

Punishment Under Section 290 BNS

Imprisonment

Imprisonment of either description for a term which may extend to six months.

Fine

The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Knowingly or negligently omitting to take sufficient safety measures against the fall of a building or part of it during demolition, repair, or construction 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 290 BNS

Near Coimbatore, Vikram was supervising repair work on an old two-storey shop building. Fatima, who lived next door, warned him that loose bricks and a cracked balcony were hanging over the lane used by pedestrians. Even after Anil, a mason, suggested putting up supports and blocking the passage, Vikram did not arrange any safety measures. Parts of the balcony then broke away and fell into the lane, creating a probable danger to human life. This falls within the section because, during repair of a building, he negligently omitted sufficient measures against danger from its fall.

When Section 290 BNS Does Not Apply

  • No building was being pulled down, repaired or constructed
  • All sufficient safety measures were taken with the building, but an unforeseeable event still caused the fall
  • There was no probable danger to human life from the fall of the building or any part of it
  • The risk came from machinery, tools or vehicles at the site rather than from the fall of the building or part of it

Section 290 BNS in the IPC (Previous Law)

Section 290 BNS replaces Section 288 IPC from the old criminal code.

Section 288 IPC is now Section 290 BNS. Section 290 BNS adds constructing any building alongside pulling down and repairing, replaces the word order with measures, and increases the maximum fine from one thousand rupees under Section 288 IPC to five thousand rupees under Section 290 BNS.

View IPC Section 288 →

FAQs on Section 290 BNS

What does Section 290 of the BNS cover in building construction or demolition?▼

Section 290 BNS covers unsafe pulling down, repairing, or constructing of a building. It applies when a person knowingly or negligently fails to take enough safety measures to guard against probable danger to human life from the fall of the building or any part of it.

What has to be proved under Section 290 of the BNS?▼

It must be shown that the person was pulling down, repairing, or constructing a building and omitted to take sufficient safety measures. The omission must be knowing or negligent, and it must relate to probable danger to human life from the fall of the building or part of it.

What is the punishment under Section 290 of the Bharatiya Nyaya Sanhita?▼

The punishment under Section 290 BNS may extend to imprisonment for six months, or fine up to five thousand rupees, or both. The exact punishment depends on the facts of the case.

How is Section 290 BNS different from a case where a building actually falls and someone is hurt?▼

Section 290 BNS focuses on the failure to take sufficient safety measures against probable danger to human life during demolition, repair, or construction. The text of this section does not require that the building must actually fall or that someone must actually be injured for it to apply.

Have questions about Section 290 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·