IPC Section 287
πΉ IPC Section 287 β Negligent Conduct with Respect to Machinery
Text of the Section:
"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, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
π Key Elements of Section 287
Act involving machinery:
The act must involve some form of machinery. This could include:
Industrial machines
Construction equipment
Electrical devices
Agricultural machinery, etc.
Rash or negligent act:
The conduct must be either:
Rash: Done with disregard for the consequences, knowing the potential danger.
Negligent: Failure to take reasonable care that any prudent person would take in a similar situation.
Endangerment of human life or likely to cause hurt/injury:
The act must either:
Endanger human life, or
Be likely to cause hurt or injury to any person (even if no injury actually occurred).
Punishment:
Imprisonment: Up to 6 months
Fine: Up to βΉ1,000
Or both
βοΈ Nature of Offence
Type: Criminal offence
Cognizable/Non-cognizable: Non-cognizable (police cannot arrest without a warrant)
Bailable/Non-bailable: Bailable (accused has a right to be released on bail)
Triable by: Magistrate of the first class
π§ Explanation with an Example
Letβs say a factory owner fails to properly install safety guards on a high-speed machine. An employee, while working near the machine, is injured because of the exposed moving parts.
Here, the factory owner could be held liable under Section 287 for negligent conduct with respect to machinery. Even if no one is hurt, the mere risk of injury due to unsafe machinery could attract liability under this section.
β Difference from Other Related Sections
Section 304A β Causing death by negligence (more serious, used when death occurs)
Section 336/337/338 β Acts endangering life or causing hurt by rash or negligent act
Section 285/286 β Deal with negligent handling of fire or explosive substances
Section 287 specifically deals with machinery, not general negligence.
βοΈ Defenses Available
An accused person may try to argue that:
Proper precautions were taken
The incident was an accident not caused by negligence
The machine was not under their control or responsibility
No risk to human life was foreseeable
π Summary
| Element | Details |
|---|---|
| Subject Matter | Rash or negligent use of machinery |
| Requirement | Act must endanger life or likely to cause injury |
| Punishment | Up to 6 months imprisonment or βΉ1,000 fine or both |
| Cognizable | No |
| Bailable | Yes |
| Tried by | Magistrate of First Class |
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