Negligent conduct with respect to pulling down, repairing or constructing buildings, etc
Section 290 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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.
Section 290, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 288 Negligent conduct with respect to pulling down or repairing buildings Text carried over almost unchanged 90%
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 The repealed enactment still governs what happened while it was in force.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 pulling down, repairing or constructing buildings, etc. | 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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Raj Kumar Tomar vs State of Nct of Delhi
Decided under Indian Penal Code 288, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When parties to a criminal case involving negligence and death have amicably settled their disputes through mediation, paid full compensation, and all parties consent to quashing of FIR without any coercion, the High Court has inherent power under Section 482 CrPC to quash the criminal proceedings in the interest of justice, particularly when the matter is essentially a family matter and no useful purpose would be served in continuing the proceedings.
On this section: Negligent act with respect to machinery - charge for negligent placement of construction material on road
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 290
What have the courts held on Section 290 of the Bharatiya Nyaya Sanhita?
Raj Kumar Tomar vs State of Nct of Delhi (16 Jul 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 288, which this section replaced -- the court never mentioned this Act: Negligent act with respect to machinery - charge for negligent placement of construction material on road.
Is Section 290 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 290 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 290 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 290, section 290 BNS, section 290 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 290(1) and bns 290 106. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Raj Kumar Tomar vs State of Nct of Delhi (16 Jul 2024).
What should I read with Section 290 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 288 (Negligent conduct with respect to pulling down or repairing buildings), so the judgments decided under that provision are the case law on this one.
When did Section 290 of the Bharatiya Nyaya Sanhita come into force?
Section 290 of the Bharatiya Nyaya Sanhita, cited as BNS 290, 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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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 15 Oct 2026. This page is not a substitute for legal advice.