Legal Provisions of Section 288 of Indian Penal Code, 1860.
Negligent conduct with respect to pulling down or repairing buildings:
Sections 284 to 289 of the Code are similar in nature. Rash or negligent conduct with respect to pulling down or repairing buildings has been made an offence under this section. The section states that whoever, either in pulling down any building or repairing the same, with knowledge or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building or any part of the same, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both.
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ADVERTISEMENTS:
The section requires that the accused must either pull down a building or repair the same. While doing so knowingly or negligently there must be an omission on his part to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building or any part of it.
In Abdul Kalam v. State (Govt, of NCT of Delhi)? the petitioner owner of a building assigned the job of his house to a contractor. While doing plastering work a labourer fell down from a scaffolding put up by the contractor. The Delhi High Court held that this cannot fall within the sweep of section 288 because the petitioner did not do any act which could be regarded as rash or negligent so as to endanger human life and, therefore, he was discharged.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.