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Home / Bharatiya Nyaya Sanhita & Indian Penal Code

Criminal Law

Public Nuisance

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 18-Dec-2023

    Tags:
  • Indian Penal Code, 1860 (IPC)
  • Kerala High Court

Introduction

  • The term ‘nuisance’ refers to causing unlawful inconvenience in the peace of another person. It is interference in the life or property of someone else.
  • It differs from trespass as trespass is physical interference into another’s life or property.
  • ‘Nuisance’ can be inflicted upon a private person’s property such an act falls under private nuisance.
  • Public nuisance impacts the public at large.

Concept

  • Section 3(48) of the General Clauses Act elaborates the concept of public nuisance is as defined under Section 268 of the Indian Penal Code,1860 (IPC).
  • The case of Malton Board of Health v. Malton Manure Co., (1879), affirmed that running a business that is creating noises that are not permissible would invoke ‘public nuisance’ as the conduct is affecting the public at large or general public.
  • ‘Public nuisance’ does not concern the rights of an individual.
  • The word ‘public’ includes any class of the public, or any community.

Essentials

  • Act/omission of nuisance.
  • Causing interference in the peace of others or any advantage.
  • Affecting life or property.
  • Affecting the public at large.

Section 268 IPC

  • A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the grounds that it causes some convenience or advantage.

Criminality of Public Nuisance

  • Leanse v. Egerton (1945):
    • The English Court stated that if the defendant has not done his duty of taking reasonable care or opting reasonable measures then he shall be liable for creating public nuisance in case of any mishap taken place with the public.
  • K Ramakrishnan v. State of Kerala (1999):
    • The Kerala High Court declared smoking between the public as passive smoking as such a conduct which declared as an act of creating public nuisance under Section 268 of IPC.
  • Soltau v. De Held (1851):
    • The English Court held that the persistent ringing of the bell in the church was held as an act of public nuisance.
  • Sturges v. Bridgman (1879):
    • In this case it was opined by the English Court that public nuisance cannot be defended with prescriptive rights. Public nuisance can be defended by an act backed by statutory authority.

Punishment

  • Section 290 of IPC contains the punishment for the act of causing a public nuisance. The wrongdoer shall be punished with a fine extendable up to two hundred rupees.
  • Section 291 of IPC states the condition where the court has awarded an order of injunction upon the act of a person breaching public peace, but he is continuing to do so. He shall be liable for imprisonment extendable up to 6 months or will be liable to fine or both.

Cognizance

  • The Magistrate has been conferred with the power of prohibiting repeated nuisance or continuance of public nuisance under Section 143 of the Code of Criminal Procedure,1973(CrPC).
  • The provision states that ‘A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the IPC or any special or local law.’
  • The court can also take cognizance in stopping the act of nuisance affecting peace of general public. The court can award compensation to compensate the breach of public order and decency.

Conclusion

The act of public nuisance is an offence in rem. The general public gets impacted by such conduct which invokes a criminal offense. Using explosive substances or cracking fireworks between the public, giving shelter to a vicious animal, digging holes on road, obstructing public ways, prize fights or practicing the medical profession without any valid license, polluting the environment, etc., are some examples of acts falling under the ambit of public nuisance.