Negligent conduct with respect to machinery
Section 289 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 p The Act came into force on 01 Jul 2024.
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.
Section 289, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 287 Negligent conduct with respect to machinery.-- Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Negligent conduct with respect to machinery. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vinod Aggarwal vs State
Decided under Indian Penal Code 287, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving non-compoundable offences of private nature (such as death by negligence in workplace accidents) where the offence does not have serious impact on society, the High Court can exercise its inherent powers under Section 482 CrPC to quash criminal proceedings if: (1) the parties have amicably settled their entire dispute; (2) full and complete compensation has been paid to the victim's family; (3) the victim and victim's family have willingly consented to quashing; (4) the possibility of conviction is remote and bleak; (5) continuation of proceedings would cause oppression and injustice to the accused; and (6) quashing would secure the ends of justice. The nature and gravity of the offence must be considered - heinous offences like murder, rape, dacoity cannot be quashed even on settlement, but accidents and negligence cases of private nature can be quashed when all parties consent and justice is served through compensation.
On this section: Negligent act endangering human life. The FIR was also registered under this section. The court considered whether the petitioners' conduct amounted to negligent act endangering human life.
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Nirupam Malhotra vs State
Decided under Indian Penal Code 287, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is charged with bailable offences and has already been granted bail by the lower court, and the accused's counsel undertakes that the accused will appear before the trial court on the next date of hearing, the High Court should continue the bail and permit the accused to move an exemption application before the trial court as per law.
On this section: Negligence - classified as bailable offence in this order
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 289
What have the courts held on Section 289 of the Bharatiya Nyaya Sanhita?
Vinod Aggarwal vs State (25 Sep 2023) is the leading judgment on this section among those set out below, though it was decided under IPC 287, which this section replaced -- the court never mentioned this Act: Negligent act endangering human life. The FIR was also registered under this section. The court considered whether the petitioners' conduct amounted to negligent act endangering human life. Another 1 judgment on this section is set out below. They run from 2003 to 2023.
Is Section 289 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 289 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 289 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 289, section 289 BNS, section 289 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 289 2 and bns 289 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vinod Aggarwal vs State (25 Sep 2023).
What should I read with Section 289 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 287 (Negligent conduct with respect to machinery.--), so the judgments decided under that provision are the case law on this one.
When did Section 289 of the Bharatiya Nyaya Sanhita come into force?
Section 289 of the Bharatiya Nyaya Sanhita, cited as BNS 289, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.