Bharatiya Nyaya Sanhita, 2023

BNS Section 289

Negligent conduct with respect to machinery

In one line

BNS Section 289 deals with negligent conduct with respect to machinery and replaces IPC 287.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
289Negligent conduct with respect to machinery.Imprisonment for 6 months, or fine of 5,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 289

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.

What changed from the IPC

  • IPC 287 → BNS 289: Upper limit of the fine is increased from one thousand to five thousand rupees.

Frequently asked

What was BNS Section 289 in the IPC?

BNS Section 289 (Negligent conduct with respect to machinery) replaces Section 287 of the Indian Penal Code, 1860. IPC 287 is now BNS 289.

What is the punishment under BNS 289?

Negligent conduct with respect to machinery – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 289 bailable?

Bailable: BNS 289. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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