What is Section 288 IPC? Negligent conduct with respect to pulling down or repairing buildings

Published on: Lawiz Team

Learn about Section 288 IPC: Negligent conduct with respect to pulling down or repairing buildings

Official Legal Text

Whoever does any act with respect to the pulling down or repairing of any building in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any 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.

What This IPC Section Means – Explained in Simple Words

Section 288 punishes anyone who acts negligently while pulling down or repairing buildings, risking human life or property.

Purpose

To ensure safety during building repairs or demolition to prevent accidents.

Bailable or Not Bailable & Punishment

Bailable: Bailable, Punishment: Imprisonment up to 6 months, or fine up to 1,000 rupees, or both.

Key Elements

1. The person must be involved in pulling down or repairing buildings. 2. The conduct must be negligent. 3. It must endanger human life or cause harm.

Punishment Details

Imprisonment of up to six months, or with fine which may extend to one thousand rupees, or with both.

Legal Defenses

If the person can prove they took all reasonable precautions while handling the task.

Judicial Interpretation

Courts focus on whether the conduct was negligent and whether it caused harm.

Illustration

If a builder negligently uses explosives while demolishing a wall, causing injury to passersby, they can be punished under Section 288.

FAQs

What does Section 288 IPC define?

Negligent conduct with respect to pulling down or repairing buildings.

When is Section 288 IPC applicable?

It applies to offences like negligent conduct with respect to pulling down or repairing buildings, fraud, negligence, or disruption of public safety.

Why is Section 288 IPC important?

It ensures accountability and prevents fraudulent, negligent, or dangerous activities.

Give an example involving Section 288 IPC.

Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.

What is the punishment under Section 288 IPC?

Punishment may include imprisonment, fine, or both depending on the gravity of the act.

How do courts deal with Section 288 IPC violations?

Courts view these violations seriously to maintain public trust, health, and law and order.

How can offences under Section 288 IPC be prevented?

Awareness, regulatory compliance, and strict law enforcement can prevent such offences.