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IPC 288 → BNS 290: Negligence (Building)

IPC Section 288 (Negligence (Building)) under the old Indian Penal Code 1860 is now covered under Section 290 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

288

Negligence (Building)

Negligent conduct with respect to pulling down or repairing buildings

New Law — BNS 2023

290

Negligence (Building)

Punishment / Liability
Same - Up to 6 months
Key Change / Note
No major change

Facing a case under BNS 290?

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What changed for IPC 288?

IPC 288 (Negligence (Building)) — negligent conduct with respect to pulling down or repairing buildings — now maps to BNS Section 290. Key change: No major change. Punishment under BNS 290: Same - Up to 6 months.

Quick Summary: IPC 288 vs BNS 290

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 288 covers negligence (building), within the IPC's offences affecting public health, safety, decency and morals — public nuisance, negligent acts endangering life, adulteration, obscenity and rash driving. The BNS keeps these and, in places, sharpens the penalties for negligence, renumbering negligence (building) as BNS 290.

What did IPC 288 cover?

IPC 288 dealt with negligence (building)negligent conduct with respect to pulling down or repairing buildings. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 290: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to negligence (building) are filed under BNS Section 290, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 290

Same - Up to 6 months

Practical implications for advocates, police & citizens

  • Advocates: Negligence and public-harm offences like negligence (building) turn on the standard of care and causation — frame the defence around BNS 290 and the specific duty alleged.
  • Police officers: Record the act endangering the public and any injury caused; a new negligence (building) FIR cites BNS 290.
  • Law students & citizens: Everyday conduct — rash driving, negligent handling of fire or poison, selling adulterated goods — can attract the negligence (building) provision.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 288?

IPC Section 288 (Negligence (Building)) is now covered under Section 290 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 290?

Same - Up to 6 months

What is the key difference between IPC 288 and BNS 290?

No major change

Is IPC 288 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The negligence (building) offence earlier in IPC 288 is now governed by BNS 290 — pending IPC 288 cases continue, but new FIRs cite BNS 290.

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