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Offences Affecting Public Convenience
(S. 270, 285, 292 and 293)
QUESTION BANK
Q. 1. Write detailed notes on public nuisance and obscenity.
Q. 2. What is public nuisance? What are the different types of public nuisance?
Q.3. Write notes on offence affecting obscenity under BNS.
SHORT NOTES
1. Public nuisance.
2. Obscurity under BNS.
A. Public Nuisance.
SYNOPSIS
I. Introduction-
II. Public Nuisance and Public Health (Ss. 270 to 273)
1. Public Nuisance (S. 270)-
a. Definition:
Proviso:
b. Different types of nuisances mentioned in BNS-
(i). Negligent Act likely to spread Infection of Disease Dangerous to Life (S. 271)-
(1) Offense:
(2) Punishment-
(3) Context:
(ii). Malignant Act likely to spread Infection of Disease Dangerous to Life (S. 272)-
(iii). Disobedience to Quarantine Rule (S. 273)-
2. Private Nuisance:-
III. Punishment for Public Nuisance
a. General Punishment (S. 292 )-
b. Continuance of Nuisance (S. 293 BNS)-
IV. Magistrate's Power to Act in Urgent Cases (BNSS, S. 163)
V. Conclusion-
I. Introduction-
The provisions related to Public Nuisance and Obscenity fall under Chapter XV of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals." These sections are crucial for protecting collective rights and societal well-being.
II. Public Nuisance and Public Health (Ss. 270 to 273)-
This cluster addresses actions or omissions that negatively impact the community's health, safety, and convenience. The BNS places a renewed emphasis on public health management, particularly in light of modern challenges.
1. Public Nuisance (S. 270)-
S. 270 defines the public nuisance as follows-
a. Definition:
A person is guilty of a public nuisance,
i. who does any act or is guilty of an illegal omission
ii. which causes any common injury, danger, or annoyance
iii. to the public or people in general
iv. who dwell or occupy property in the vicinity, or use any public right
v. but a common nuisance is not excused on the ground that it causes some convenience or advantage.
The essence of the offense is the collective harm. It doesn't require harm to a specific individual, but rather to the public in general.
In modern times the section acts as the primary tool to tackle environmental and urban issues such as (i) Industrial pollution (air/water), (ii) Illegal dumping of garbage on public land, (iii) Unreasonable noise pollution (e.g., loud speakers late at night), (iv) Obstruction of public ways (e.g., encroaching on footpaths etc)
Proviso: The law explicitly states that a common nuisance is not excused merely because it causes some convenience or advantage (e.g., a noisy factory that provides jobs is still liable for nuisance).
b. Different types of nuisances mentioned in BNS-
There are some nuisances specifically provided by the BNS, 2023 as follows-
(i). Negligent Act likely to spread Infection of Disease Dangerous to Life (S. 271)-
(1) Offense: the person committing an act (or illegal omission) unlawfully or negligently, which the he knows, or has reason to believe, is likely to spread the infection of any disease dangerous to life commits the offence of nuisance.
(2) Punishment- the offender is punishable with imprisonment up to six months, or with a fine, or with both.
(3) Context: This provision gained immense significance during public health crises (like the COVID-19 pandemic) and targets irresponsible behavior that jeopardizes community health.
(ii). Malignant Act likely to spread Infection of Disease Dangerous to Life (S. 272)-
Offense: Whoever commits an act malignantly (i.e., maliciously or deliberately) which the person knows, or has reason to believe, is likely to spread the infection of any disease dangerous to life is punishable with imprisonment up to two years or with fine or with both.
Mental State: It requires a malignant (malicious/intentional) mental state, making it a graver offense than the negligent act under Sec. 271. The intent is generally to harm or cause mass contagion.
The penalty is significantly higher than for negligent acts, reflecting the deliberate, calculated danger posed to the public.
(iii). Disobedience to Quarantine Rule (S. 273)-
Offense: Whoever, knowingly disobeys any rule made by the government for putting any mode of transport into a state of quarantine, or for regulating the intercourse (movement) of a quarantined entity is punishable with imprisonment up to six months, or with a fine, or with both.
Purpose: Ensures that state and central regulations enacted to contain highly contagious diseases are strictly adhered to by travelers and transport operators.
2. Private Nuisance:-
A private nuisance is an interference for a substantial length of time by the owner or occupier of property within the use or enjoyment of the neighbouring property. We have discussed in detail the differences between public and private nuisance in tort. [Please refer to the same here]
III. Punishment for Public Nuisance-
The BNS provides the following punishments also-
a. General Punishment (S. 292 )-
Scope: This section provides punishment for public nuisance in cases not otherwise provided for by a specific section of the BNS.
Penalty: Punishment is primarily a fine, which may extend to one thousand rupees.
b. Continuance of Nuisance (S. 293 BNS)-
Context: This section deals with a person who continues to commit or carry on a public nuisance after he has been served with an injunction (formal order) from a competent public authority commanding them to stop.
Penalty: The punishment is imprisonment up to six months, or with fine, or with both.
IV. Magistrate's Power to Act in Urgent Cases (BNSS, S. 163).
While the BNS defines the crime, the BNSS outlines the procedure to address the nuisance, particularly in urgent situations:
Authority: A District Magistrate, Sub-divisional Magistrate, or any specially empowered Executive Magistrate has the power to issue orders.
Immediate Action: Under S. 163 of the BNSS, in cases requiring immediate prevention or speedier remedy—where the harm is imminent or likely to cause a riot or disturbance to public tranquillity—the Magistrate may issue a swift order (even without hearing the other party).
The Order: The order directs a person to abstain from a certain act or to take certain action in relation to any property in their possession or under their management, to prevent the potential harm.
V. Conclusion-
The BNS, 2023, effectively retains the core principles of public nuisance law from the former IPC, emphasizing criminal liability for acts or omissions that affect the common health, safety, and convenience of the general public or local residents. The procedural aspect under the BNSS ensures that magistrates are empowered to use conditional orders (S. 152) and immediate urgent orders (S. 163) to remove or prevent public nuisances swiftly.
***
References-
1. “BNS Chapter 15” https://devgan.in/bns/chapter_15.php
2. Offences Related to Obscenity (Ss. 294 to 296 BNS) https://thelegalquotient.com/criminal-laws/bharatiya-nyaya-sanhita/offences-related-to-obscenity-ss-294-to-296-bns/6772/#google_vignette
3. “Offences relating to Public Health, Safety, Convenience, Decency and Morals” https://blog.ipleaders.in/offences-relating-public-health-safety-convenience-decency-morals/
4. “292 bns- Punishment for public nuisance in cases not other wise rovided for” https://www.aaptaxlaw.com/bns/292-bns-punishment-for-public-nuisance-in-cases-not-otherwise-provided-for-292-bharatiya-nyaya-sanhita-2023.html
5. Obscenity Under BNS: Meaning, Judicial Tests & Landmark Cases
https://www.youtube.com/watch?v=yu9SBXj23Vo