Negligent conduct with respect to pulling down, repairing or constructing buildings etc
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Summary
Knowingly or negligently failing to take adequate safety measures while demolishing, repairing or constructing a building that may endanger human life is a criminal offence. It applies when the omission creates a probable danger from the fall of the whole or any part of the building. Penalty: up to six months imprisonment, fine up to Rs. 5,000, or both. The offence is non-cognizable, bailable, and triable by any magistrate.
Example
Rohan hires workers to repair a cracked apartment wall but omits shoring and safety fencing. The wall risks falling on passersby. Under this provision Rohan can face up to six months' jail, or a fine up to Rs. 5,000, or both.
Bare Act
Enacted textWhoever, 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.
BNSS Classification
- Imprisonment for 6 months, or fine of 5,000 rupees, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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