Bailabel Type : bailable

Description

Section 287 - Negligent Conduct with Respect to Machinery

Text of Section 287:

"Whoever does any act, or makes any omission, which he knows or has reason to believe to be likely to endanger human life, or to cause hurt or injury to any person, by exposing them to the risk of any machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine which may extend to five hundred rupees, or with both."

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Detailed Explanation of Section 287:

Section 287 of the Indian Penal Code (IPC) deals with negligent conduct that endangers human life or causes injury by exposing others to the risks associated with machinery. This section addresses the responsibility of individuals and entities who are involved with the use, maintenance, or operation of machinery that could pose a risk if not handled correctly. The key aspect here is negligence—when a person is either aware or should be aware of the potential dangers, and fails to take the necessary precautions to avoid harm.

Key Concepts of Section 287:

1. Negligence with Machinery:

   • Machinery here refers to any mechanical apparatus or device used in industries, construction, factories, workshops, or any other activity requiring machines. These could include industrial machines, construction equipment, agricultural machinery, or even household appliances.
   • Negligence involves a person either failing to take proper care or being reckless when operating or maintaining machinery, despite knowing or having reason to believe that their actions may harm others.

2. Endangerment to Human Life:

   • The section criminalizes conduct that exposes people to dangerous machinery or operations. This could include operating machinery without proper safety protocols, allowing unsafe access to dangerous machinery, or ignoring required maintenance that can lead to accidents or malfunctions.

3. Reason to Believe:

   • The section holds a person accountable if they know or have reason to believe that their actions might endanger others by exposing them to machinery or mechanical hazards. This includes situations where someone should have been aware of the risks but failed to act with due caution.

Examples of Offenses Under Section 287:

1. Unsafe Operation of Industrial Machinery:

   • An operator working in a factory ignores safety regulations, causing machinery to malfunction or operate in a hazardous manner, putting workers at risk of injury.

2. Failure to Secure Machinery Properly:

   • A factory owner fails to lock or secure machinery, allowing unauthorized workers or the public to access dangerous equipment, resulting in an injury.

3. Improper Maintenance:

   • A worker neglects to inspect or maintain equipment, leading to its failure while in use, and causing an injury to another person.

4. Allowing Unsafe Use of Machines:

   • A supervisor permits workers to operate machinery without the necessary training or protective gear, despite knowing the risks involved.

5. Failure to Provide Safety Measures:

   • An employer or person responsible for machinery fails to provide proper safety guards, warning signs, or safety procedures around dangerous machinery, leading to accidents.

Importance of Section 287:

1. Promotes Safety in the Workplace:

   • Section 287 aims to ensure that individuals and employers take appropriate precautions when working with or around dangerous machinery. It emphasizes the importance of safety standards, maintenance, and training.

2. Prevents Accidents:

   • The provision is crucial in reducing the risk of industrial accidents and workplace injuries that could have been easily avoided with proper care and attention to safety protocols.

3. Encourages Accountability:

   • It holds individuals and employers accountable for the safe operation of machinery, ensuring that negligence does not lead to harm or injury to others.

4. Legal Consequences for Negligence:

   • This section helps to create a legal framework that discourages negligence and encourages responsible behavior, especially in workplaces where machinery is an essential part of operations.

Punishment

Punishment Under Section 287:

1. Imprisonment:

   • The punishment under Section 287 can include imprisonment for up to six months. This is usually simple imprisonment, but the term may vary depending on the severity of the negligence.

2. Fine:

   • The offender may also be subjected to a fine up to ?500. This fine is meant to penalize the person for their negligence and to deter future incidents of unsafe conduct.

3. Imprisonment and Fine:

   • The court may also impose both imprisonment and a fine, depending on the circumstances of the case. In situations where the negligence was severe or caused significant harm, the court may choose to apply the maximum penalty.