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Bharatiya Nyaya Sanhita, 2023 Chapter XV · Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
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Bharatiya Nyaya Sanhita, 2023 — Section 289

Negligent Conduct with Respect to Machinery

Section 289 punishes a person who does an act with machinery so rashly or negligently as to endanger human life or be likely to cause hurt or injury to another, or who knowingly or negligently fails to take sufficient precautions with machinery in his possession or under his care. The punishment is imprisonment of up to six months, or a fine of up to ₹5,000, or both. It is the Bharatiya Nyaya Sanhita's version of IPC Section 287, with the maximum fine raised from ₹1,000 to ₹5,000.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 289 is marked Substantively changed — it descends from one section of the old Indian Penal Code, 1860, but the maximum fine has been raised:

BNS 289CoversIPC, 1860 equivalentCategory
289Negligent Conduct with Respect to MachineryS.287 “Negligent Conduct with Respect to Machinery”Substantively changed

The description of the offence and the jail term are the same in both Acts: imprisonment of either description for a term which may extend to six months, or fine, or both. IPC Section 287 allowed a fine which may extend to one thousand rupees; BNS Section 289 allows a fine which may extend to five thousand rupees. The BNS text also has no comma after “injury to any other person” where the IPC has one (“hurt or injury to any other person, or knowingly or negligently omits”). No ingredient of the offence was added or removed. The maximum fine therefore rises from ₹1,000 to ₹5,000.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment: imprisonment of either description for up to 6 months, or fine up to ₹5,000, or both.
Non-cognizable · Bailable · not compoundable (the offence appears in neither compounding table of BNSS Section 359) · triable by any Magistrate.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Section 289 covers dangerous operation and unsafe keeping of machinery. It works in two ways. The act limb applies when a person does any act with any machinery so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person. The omission limb applies when a person knowingly or negligently fails 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 it. Unlike the sister provisions on poison, fire and explosives, this omission limb extends expressly to machinery that is merely under his care, so, on its words, it can apply to a person who has the machinery under his care without being its owner.

The word “machinery” is not defined in the section or in Section 2, so it takes its ordinary meaning. The section requires danger to human life or likelihood of hurt or injury; it does not require that anyone actually be hurt. The punishment is imprisonment of either description for up to six months, or a fine of up to ₹5,000, or both. Under the BNSS First Schedule the offence is non-cognizable (under BNSS Section 2(1)(o) a police officer has no authority to arrest without warrant in a non-cognizable case, and under BNSS Section 174(2) no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try it or commit it for trial), bailable, and triable by any Magistrate. It appears in neither compounding table of BNSS Section 359, so it is not compoundable.

A notable feature of the classification is that, unlike Sections 286 to 288, Section 289 is listed in the BNSS First Schedule as non-cognizable. Section 289 also should not be confused with Section 125 (general rash or negligent act endangering life) or with Section 106 (causing death by negligence), which would be considered if a worker were killed.

Illustration (Lexovia's Own Example)
The supervisor of a flour mill is responsible for the mill's grinding machine but keeps its belt-guard removed and lets a worker feed the hopper while the guard lies on the floor, although he has been told several times the exposed belt is dangerous. The worker's sleeve is caught and he narrowly escapes with a bruised arm. By knowingly or negligently omitting to take sufficient order with machinery under his care against probable danger to human life, the supervisor is liable under Section 289.
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Related / Cross-Referenced Sections

FAQs

Do I need to have caused actual harm to be punished under Section 289?

No. The section covers an act that endangers human life or is likely to cause hurt or injury, and an omission to take sufficient precautions against probable danger to human life. Actual injury is not a required ingredient, although if harm does result, other sections may also be looked at.

Is Section 289 bailable, and which court tries it?

Under the First Schedule to the BNSS it is non-cognizable and bailable, triable by any Magistrate. Bail can therefore be claimed as a matter of right (BNSS Section 478). It is not compoundable under BNSS Section 359.

Who is covered by the words “under his care” in Section 289?

The omission limb applies to machinery in the offender's possession or under his care. That wording extends, on its words, beyond a person who has the machinery in his possession to a person who has it under his care.

Why does Section 289 differ from Sections 286 to 288 on cognizability?

According to the BNSS First Schedule, Sections 286, 287 and 288 are cognizable, whereas Section 289 is non-cognizable. All four are bailable and triable by any Magistrate. The First Schedule simply lists them that way; the Sanhita text gives no further reason.

How is Section 289 different from IPC Section 287?

The description of the offence and the maximum jail term (six months) are unchanged. The difference is the maximum fine, which rises from ₹1,000 to ₹5,000.

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