Building collapse: Who can be held criminally liable in India?

Arrest is not automatic merely because a person is connected with the building. The investigating officer must examine the person’s specific duty, knowledge, conduct, records, and the causal link between that conduct and the collapse. A builder who used substandard material may be treated differently from a tenant who had no control over construction or repairs.

The closest reported authority located for this issue is Rahul s/o Rajendra Jain v. State of Maharashtra through ..., 2024: Supreme(Bom) 33. The Bombay High Court found a prima facie case for trial and recognised that municipal authorities may also have a duty to act against dangerous structures. The decision supports examining acts and omissions together.

• Victims can approach the police under the FIR procedure and preserve photographs, videos, notices, bills and witness details.
• Injured persons may seek treatment records, disability compensation and prosecution-related expenses.
• Families of deceased persons may pursue compensation before the appropriate authority or court without waiting for the criminal trial to conclude.

The charge depends on the result and the mental element proved. A collapse causing death through rash or negligent conduct may attract Section 106(1) BNS. Where the prosecution alleges knowledge that the conduct was likely to cause death, Section 105 BNS may be considered. The police cannot select a serious charge only because the incident caused public concern; the FIR and later charge-sheet must be supported by material.

Additional provisions may arise where the building was sold or occupied through false documents. The research materials identify Sections 318, 336, 337 and 338 BNS for cheating and forgery-related conduct, Section 61 for criminal conspiracy, and Section 3(5) for common intention. The exact section can change with the date of occurrence and the evidence.

• Death by negligence: Section 106 BNS, where the evidence shows a rash or negligent act caused death.
• Culpable homicide: Section 105 BNS, where knowledge or a more serious mental element is alleged.
• Attempt: Section 110 BNS may be examined where conduct allegedly attempted culpable homicide but death did not occur.
• Cheating and documents: Section 318 and Sections 336 to 338 BNS may apply to deceptive sale, forged approvals or false certificates.
• Group liability: Sections 61 and 3(5) BNS require proof of conspiracy or common intention; association alone is insufficient.

In Nagasankar and Another v. Inspector of Police, 2021, the reported material indicates that the FIR was quashed against tenants where no legal duty or culpable knowledge was shown. That distinction is useful when preparing a FIR quashing petition before the Allahabad High Court.

Victims should first secure safety and medical assistance. A written complaint should identify the address, date and time of collapse, deaths and injuries, named persons responsible for construction or maintenance, prior complaints, municipal notices, and the records that should be seized. Attach photographs and preserve the original digital files.

1. Submit the complaint to the police station having territorial jurisdiction. Ask for registration and a copy of the FIR.
2. If the police do not register it, send the complaint to the senior police officer and retain postal or electronic proof.
3. Seek appropriate judicial directions before the competent Magistrate if the grievance is not acted upon.
4. Request preservation of CCTV footage, building plans, sanction files, material invoices, inspection reports and call records where legally relevant.
5. Obtain the post-mortem, injury, forensic and structural inspection reports. An independent structural engineer’s opinion can help identify the failure mechanism.
6. Monitor the investigation and challenge an inadequate closure report before the competent court.

In Lucknow, the investigation may involve the local police, municipal authorities, fire officials and technical agencies. A victim can consult a High Court lawyer in Lucknow if the police fail to investigate, if officials are shielding responsible persons, or if immediate protection is required under Article 21.

A person named in a collapse FIR should obtain the FIR, understand the exact allegations, and avoid contacting witnesses or altering records. Arrest decisions must follow the statutory safeguards and the facts of the investigation. A notice to join investigation may be relevant, but it does not by itself decide guilt.

For a bailable offence, the right to bail is governed by Section 480 BNSS. Where the accused has undergone the prescribed portion of the maximum period, Section 481 BNSS may become relevant. Before arrest, an accused apprehending arrest may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or the Allahabad High Court. After arrest or rejection at the lower level, the High Court or Sessions Court may exercise bail powers under Section 484 BNSS.

• File the FIR, notice, arrest apprehension material, identity documents and relevant ownership or employment records.
• Explain the applicant’s precise role and attach documents showing absence of control, knowledge or technical responsibility.
• Disclose prior cooperation with the investigation and offer conditions such as joining inquiry.
• For a quashing request, examine whether the alleged facts satisfy the offence ingredients under Section 528 BNSS.

The 2023 Lucknow builder-arrest stay material reported an interim Allahabad High Court order in a collapse-related FIR. It shows that the Lucknow Bench examines the alleged role, intent and evidentiary basis before permitting coercive action; it is not a final ruling on guilt. For practical arrest safeguards, readers may also review arrest, bail and FIR rights in Lucknow.

Criminal prosecution and compensation are separate tracks. The family of a deceased person should preserve age, occupation, income, dependency and treatment records. An injured survivor should preserve disability assessments, future treatment estimates and proof of lost earnings.

A complaint may also be made to the municipal body, development authority, disaster-management authority or other competent department where unsafe construction or official inaction is alleged. The Bombay High Court reasoning in Rahul s/o Rajendra Jain v. State of Maharashtra through ..., 2024: Supreme(Bom) 33, supports investigating whether a public authority knew of a dangerous structure and failed to act.

• Seek emergency relocation or sealing of adjoining unsafe portions through the competent authority.
• Claim available statutory or administrative compensation for death, injury and rehabilitation.
• Consider a civil claim for medical expenses, dependency loss, property loss and other provable damage.
• Where fundamental rights are affected by state inaction, obtain advice on an appropriate writ remedy before the Allahabad High Court.

Tenants and purchasers may have separate consumer or civil claims depending on the contract, possession status and defect. A civil litigation consultation should be based on the agreement, payment record, possession documents and technical report. Do not destroy damaged material before inspection unless safety authorities direct removal.

Fees depend on urgency, document volume, the number of accused, whether arrest is imminent, and whether proceedings are before the CJM Court Lucknow, Sessions Court Lucknow or the Allahabad High Court. The figures below are practical indicative ranges, not a government fee schedule; court fees, certified copies, typing, filing and expert charges may be additional.

Listing in the Lucknow Bench can vary with urgency, filing defects, court holidays and the roster. In our practice, an urgent arrest matter is prepared immediately after receiving the FIR and supporting papers; the actual listing is controlled by the court registry and judicial directions. The consultation fee adjusts into your case fee if you proceed, so there is no separate charge to begin.

In our practice before the Lucknow Bench, such applications are typically listed after the registry checks the FIR, annexures, vakalatnama, court fee and paper-book requirements. Urgent anticipatory bail matters are prepared for filing within one to three working days when the FIR and arrest facts are available, but the listing date depends on the roster, urgency order and registry objections.

For a builder or contractor, we ask for the FIR, arrest notice if any, building approval, completion certificate, agreements, invoices, appointment letters, inspection reports, prior complaints and proof of the applicant’s actual role. For a victim, we ask for the complaint, FIR or refusal proof, death or injury records, photographs, ownership or tenancy papers, municipal notices and details of witnesses.

• Anticipatory bail is filed under Section 482 BNSS before the Sessions Court or Allahabad High Court.
• Post-arrest or higher-court bail is considered under Section 484 BNSS.
• FIR quashing is examined under Section 528 BNSS, not as a substitute for a full trial where disputed evidence requires examination.
• Indicative Lucknow professional fees are ₹25,000–₹75,000 for Sessions anticipatory bail, ₹40,000–₹1,25,000 for High Court bail work, and ₹50,000–₹1,50,000 for a contested quashing petition, excluding court and expert expenses.

We do not advise promising a fixed result or a fixed listing date. The correct forum and filing strategy depend on the FIR sections, arrest stage, territorial jurisdiction and the documents available.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on building collapse criminal liability, contact Advocate Onkar Pandey at +91 98392 71553.