Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
Construction and demolition sites are dangerous by nature. This provision (carried over from the old IPC Section 268-era public safety group of offences) exists to hold builders, demolition crews, and property owners accountable when they skip basic safety measures — like shoring up walls, barricading a site, or checking structural stability — and that carelessness puts bystanders or workers at risk of death from a collapse.
Common misconceptions
- Myth: You can only be punished under this section if someone is actually injured or killed.
Fact: The law punishes the negligent failure to take safety precautions itself — an actual injury is not required, only the probable danger to life.