Section 288 IPC: Negligent conduct with respect to pulling down or repairing buildings

Indian Penal Code, 1860

Section 288 IPC at a Glance

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

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

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

Section 290 →

Section 288 IPC Bare Act Text

288. Negligent conduct with respect to pulling down or repairing buildings

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order 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 one thousand rupees, or with both.

Source: Section 288, Indian Penal Code, 1860

Section 288 IPC in Simple Words

Section 288 of the Indian Penal Code (IPC) punishes whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order 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.

The punishment under the IPC is imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 288 IPC

  • Pulling down or repairing any building
  • Knowingly or negligently omitting to take such order 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

Punishment Under Section 288 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

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

Negligent conduct in pulling down or repairing a building is punishable with imprisonment of either description for up to six months, or with fine of up to one thousand rupees, or with both.

Example of Section 288 IPC

In 2019, Harish undertook major structural repairs on the upper floor of a cracked commercial building beside a busy vegetable bazaar in Mysuru. While replacing rotted timber beams supporting a heavy stone parapet, Harish negligently failed to prop up the weakened wall or close the narrow lane below where customers stood. Because Harish knowingly and negligently omitted to take sufficient order with the building while repairing it, loose stone slabs hung precariously overhead, creating a probable danger to human life from the fall of part of that building. Harish is punishable under Section 288 IPC.

When Section 288 IPC Does Not Apply

  • Section 288 IPC does not apply when the activity involves neither pulling down nor repairing a building, such as routine cleaning or painting.
  • Section 288 IPC does not apply if the person in charge took adequate precautions with the structure to prevent any probable risk to human life from a collapse, so there was no knowing or negligent omission.
  • Section 288 IPC does not apply where a potential fall of the building or its parts poses a risk only to property and creates no probable danger to human life.

Section 288 IPC in the BNS

Section 288 IPC is now covered under Section 290 BNS.

Section 288 IPC corresponds to Section 290 BNS. The title and the text of Section 290 BNS expressly add constructing any building alongside pulling down and repairing. In addition, the word order has been replaced by measures, and the maximum fine has increased from one thousand rupees under Section 288 IPC to five thousand rupees under Section 290 BNS.

View detailed comparison (IPC 288 vs BNS 290) →

FAQs on Section 288 IPC

What does Section 288 IPC punish?▼

Section 288 IPC punishes whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order 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.

What is the punishment under Section 288 IPC?▼

The punishment under Section 288 IPC is imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

What is the punishment under Section 290 BNS?▼

The punishment under Section 290 BNS is 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.

Does Section 290 BNS cover building construction as well?▼

Yes. While Section 288 IPC mentioned only pulling down or repairing, Section 290 BNS expressly adds constructing any building to the heading and the substantive text.

Does Section 288 IPC require that the building or debris actually fell?▼

No. The offence is complete when there is a knowing or negligent omission to take precautions sufficient to guard against probable danger to human life from a potential fall, regardless of whether a collapse took place.

Is Section 288 IPC bailable and cognizable?▼

Under the First Schedule to the Code of Criminal Procedure, an offence under Section 288 IPC is non-cognizable, bailable, and triable by any Magistrate.

Can an offence under Section 288 IPC be compounded?▼

No. Section 288 IPC is not compoundable under Section 320 of the Code of Criminal Procedure.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·