Public nuisance is a legal wrong that affects the public at large. Under the Bharatiya Nyaya Sanhita (BNS) 2023, this issue is addressed in BNS Section 270 Public nuisance. Let’s break it down in an easy and relatable way.
What is BNS Section 270 Public Nuisance?
Section 270 of the Bharatiya Nyaya Sanhita, 2023, deals with acts that cause inconvenience, danger, or harm to the public. It covers situations where a person, by their actions, creates problems for the community or the general public.
Bare Act Language (Simplified)
“Whoever does any act or is guilty of any illegal omission which causes any common injury, danger or annoyance to the public or to the people in general, or which is likely to cause such injury, danger or annoyance, shall be punished with a fine which may extend to five thousand rupees.”
Key Ingredients of BNS Section 270
To understand this law better, here are the key elements.
There must be an act or omission. The action or inaction must affect the public in general, not just one individual. It must cause or be likely to cause injury, danger, or annoyance. The person may be fined up to ₹5,000.
Simple Explanation
Let’s say someone dumps garbage in the middle of a busy street. This act blocks traffic and spreads a foul smell. Many people suffer because of one person’s careless act. This is a public nuisance.
Such behavior, under BNS Section 270 Public Nuisance, is punishable.
Short Note
Section 270 is a preventive provision. It aims to protect the public’s right to live peacefully and safely. It does not require actual harm to occur. Even the likelihood of danger is enough. This section ensures civic responsibility is upheld.
BNS Section 270 Public Nuisance : Landmark Case Laws
Let’s look at some real-life legal cases to understand how courts have interpreted public nuisance.
In Ram Lal v. State of Punjab (1959), the accused operated a brick kiln that emitted heavy smoke and dust. The smoke made it hard for villagers to breathe and caused health problems. The court found it to be a public nuisance and ordered closure.
In State of Bihar v. P.C. Lal (1984), the accused ran a factory in a residential area. The noise and vibration from machines disturbed the peace of the locality. The court stated that even noise pollution can amount to public nuisance.
In Municipal Corporation of Delhi v. Subhagwanti (1966), an old clock tower collapsed, killing people. The court held the municipal body responsible. Failure to maintain public infrastructure can be a public nuisance due to illegal omission.
Difference Between Public and Private Nuisance
This is where people often get confused. Here’s the difference.
Public nuisance affects many people or the general public. Private nuisance affects a specific person or group. BNS Section 270 deals only with public nuisance.
Common Examples of Public Nuisance
Let’s make it more relatable with some daily life examples.
Burning garbage in a residential area. Playing loudspeakers late at night. Building illegal structures on public roads. Draining dirty water into public streets. Blocking public footpaths with personal items.
All these acts can be punished under BNS Section 270.
How is it Different from the IPC?
In the Indian Penal Code (IPC) 1860, public nuisance was dealt under Section 268. The BNS has carried forward similar provisions but made the language clearer and more streamlined.
Also, the focus is now more on imposing fines rather than imprisonment. This promotes quick action and public accountability.
Can Police Take Action?
Yes.
Public nuisance is a cognizable and non-bailable offence in certain situations, especially when it causes harm to public health or safety.
Police can file an FIR, issue warnings, and take preventive action under local laws and municipal acts.
Summary
BNS Section 270 Public Nuisance punishes acts that harm public health, safety, or comfort. It includes acts and omissions that affect the general public. A fine of up to ₹5,000 can be imposed. Courts have applied this law to pollution, noise, poor infrastructure, and more. It promotes social responsibility and urban discipline.
Disclaimer
This article is for general legal information only. It does not constitute legal advice. For any specific legal matter or dispute, please consult a qualified advocate or legal expert.
