Public nuisance
Also called: Common nuisance
An act or illegal omission causing common injury, danger or annoyance to the public or people in the vicinity, or to persons using a public right. Section 270 of the BNS.
Explained
Section 270 of the Bharatiya Nyaya Sanhita, 2023 provides that 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 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 because it causes some convenience or advantage. The provision corresponds to Section 268 of the IPC, and Section 3(48) of the General Clauses Act, 1897 adopts that meaning for other Central Acts.
The essence is injury to the public at large or a section of it, as opposed to a private nuisance, which affects an individual's use or enjoyment of his own property. Section 292 of the BNS punishes public nuisance not otherwise provided for with fine up to one thousand rupees (earlier two hundred rupees under Section 290 IPC), and Section 293 punishes its continuance after an injunction by a public servant.
The same wrong has three remedies. Criminally, there are the BNS offences. Under Section 152 of the BNSS (earlier Section 133 CrPC), a District Magistrate, Sub-divisional Magistrate or specially empowered Executive Magistrate may make a conditional order to remove an unlawful obstruction or nuisance; Sections 162 and 163 deal with repetition and urgent cases. Civilly, Section 91 of the CPC allows a suit for declaration and injunction by the Advocate-General or, with leave of the Court, by two or more persons even though they have suffered no special damage. In tort, an individual sues for public nuisance only on proof of special damage beyond that suffered by the public.
In Municipal Council, Ratlam v. Vardhichand (1980) the Supreme Court held that a municipality cannot plead lack of funds against an order under Section 133 CrPC to abate a public nuisance. Examiners test Section 91 CPC standing, the fine amount and the Ratlam ruling.
What the law says
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 but a common nuisance is not excused on the ground that it causes some convenience or advantage.
Defines public nuisance
Earlier law: IPC 268. Public nuisance.
Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which may extend to one thousand rupees.
Punishment for public nuisance not otherwise provided for
Earlier law: IPC 290. Punishment for public nuisance in cases not otherwise provided for.
(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
Conditional order for removal of nuisance
Earlier law: CRPC 133. Conditional order for removal of nuisance.
[(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—
(a) by the Advocate-General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]
Civil suit for public nuisance by Advocate-General or two or more persons
Section 3, General Clauses Act
(48) “public nuisance” shall mean a public nuisance as defined in the Indian Penal Code (45 of 1860);
Section 3(48) adopts the penal code meaning
Earlier law: Section 268, IPC
Example
For example, a factory that discharges foul smoke over a residential colony every night causes common annoyance to people dwelling in the vicinity, and is a public nuisance even if it provides local employment.
For the exam
- Defined in Section 270 BNS (earlier Section 268 IPC); convenience or advantage is no excuse.
- Residuary punishment: fine up to Rs 1,000 under Section 292 BNS.
- Section 91 CPC suit: Advocate-General, or two or more persons with leave, without special damage.
- Magistrate's conditional order for removal: Section 152 BNSS (earlier Section 133 CrPC).
- Ratlam (1980): financial inability is no defence for a municipality.
108 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- InjuryUnder Section 2(14) of the BNS, any harm whatever illegally caused to any person in body, mind, reputation or property.
- OmissionA failure to act. Under Section 2(25) of the BNS the word denotes a series of omissions as well as a single omission, and words referring to acts extend to illegal omissions.
- Locus standiThe right of a person to bring an action or be heard before a court, traditionally limited to a person aggrieved, and relaxed in India for public interest litigation.
- EnvironmentIncludes water, air and land and the inter-relationship among them and human beings, other living creatures, plants, micro-organism and property. Section 2(a), Environment (Protection) Act, 1986.
Further reading
- The Bharatiya Nyaya Sanhita, 2023, official text on India Code
- The Bharatiya Nagarik Suraksha Sanhita, 2023, official text on India Code
- The Code of Civil Procedure, 1908, official text on India Code
- The General Clauses Act, 1897, official text on India Code
- The Indian Penal Code, 1860, official text on India Code
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.