IPC Section 288
🔹 Section 288 of the Indian Penal Code (IPC) – Negligent conduct with respect to pulling down or repairing buildings
Text of the Section:
"Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such measures as are necessary for the purpose of guarding against any probable danger to human life from the fall of that building, or 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 one thousand rupees, or with both."
🔍 Explanation in Simple Terms:
This section penalizes people who are involved in demolishing or repairing buildings but fail to take necessary safety precautions, either knowingly or negligently, and endanger human life as a result.
⚖️ Key Ingredients of the Offence:
Person involved in demolition or repair of a building: The accused must be engaged in either pulling down (demolishing) or repairing a structure.
Failure to take safety measures: The person fails to take reasonable and necessary precautions to prevent potential danger.
Knowledge or negligence: The omission must be either:
Knowingly (i.e., with awareness of the risk), or
Negligently (i.e., by failing to exercise due care).
Danger to human life: The omission must pose a probable danger to human life — actual harm need not occur for the offence to be made out.
📌 Purpose of Section 288:
To ensure that persons responsible for construction activities, especially involving structural changes, maintain public safety and prevent accidents, particularly in densely populated areas.
🔨 Punishment:
Imprisonment: Up to 6 months
Fine: Up to ₹1,000
Or both
Note: The punishment is relatively light as this section addresses negligent conduct, not intentional harm.
📘 Example Scenario:
Suppose a contractor is demolishing an old building in a crowded market area. Despite knowing the risk of falling debris, he fails to install barriers or safety nets. A portion of the wall collapses near pedestrians. Even if no one is injured, the contractor can be prosecuted under Section 288 IPC for negligently endangering human life.
👮♂️ Is it Cognizable or Non-Cognizable?
Non-cognizable: Police cannot arrest without a warrant.
🏛️ Is it Bailable?
Bailable: The accused has the right to be released on bail.
🔍 Type of Offence:
Triable by: Any Magistrate
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