Code: Section 289 BNS
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.
Explanation of Section 289 BNS
Section 289 of the Bharatiya Nyaya Sanhita (BNS) addresses negligent or rash conduct involving machinery. The section is designed to ensure that individuals and organizations handle machinery responsibly to prevent accidents that could cause injuries or even fatalities.
Key Aspects:
- Rash or negligent acts with machinery that could endanger life or cause harm.
- Failure to take proper precautions to secure machinery, posing potential risks.
This provision is particularly relevant in industrial settings, construction sites, and any environment where machinery is used extensively.
Illustration
Example 1: Negligent Operation of Machinery
A factory worker operates a large machine without following safety protocols. Due to careless handling, the worker’s hand gets caught in the machinery, causing serious injury. The worker may be charged under Section 289 BNS for negligent conduct.
Example 2: Inadequate Maintenance of Machinery
A company fails to maintain heavy machinery properly, leading to a malfunction that injures an employee. The company’s management could be held liable under Section 289 BNS.
Common Questions and Answers on Section 289 BNS
1. What types of machinery are covered under Section 289?
- Answer: This section applies to all types of machinery, including industrial equipment, construction machinery, vehicles, and even household appliances that can pose safety risks if mishandled.
2. What does “negligent conduct” mean under Section 289?
- Answer: It includes careless operation, failure to maintain safety equipment, ignoring proper procedures, or not securing machinery properly to prevent accidents.
3. What are the punishments under Section 289?
- Answer: The punishment includes imprisonment for up to six months, a fine up to five thousand rupees, or both.
4. Does the intent to cause harm matter under Section 289?
- Answer: No, the focus is on negligence rather than intent. Even if harm was not intended, reckless actions that could endanger human life are punishable.
Conclusion
Section 289 BNS plays a crucial role in promoting workplace safety and preventing accidents related to machinery. It holds individuals and organizations accountable for negligent actions that may put lives at risk, fostering a culture of safety and responsibility.
