Section 268 – Public Nuisance

Introduction: The term “nuisance” is originated from the French word “nuire,” which means “to harm or irritate.” Everyone has the right to peaceful possession of their property, and any interference or obstruction that affects the enjoyment of these property rights can be considered a nuisance. Salmond defines a nuisance as an unlawful act that involves the release of an object onto the plaintiff’s property that is harmful to their overall well-being. Nuisance is the illegal disturbance of someone’s peaceful enjoyment of their property or associated rights. It differs from trespass, which involves physical interference. Nuisance can be indirect interference, such as playing loud music. It can affect individual or public property rights. According to Section 268 of the Indian Penal Code, public nuisance comes into the picture when a person commits an act that causes common injury, danger, or annoyance to the general public. Case law:

Malton Board of health vs. Malton Manure co.

It was declared that carrying on a trade/business that causes deafening noises is impermissible, as it would cause a public nuisance. In order to avoid multiplicity of proceedings, a public nuisance is not concerned with individual rights. However, a person could sue the wrongdoer in his private capacity, if the following conditions are satisfied-

1. The person needs to show that the injury he faced was substantially greater than what the rest of the public faced.
2. The injury he faced must essentially have been direct, not merely consequential.

 Nuisance as a crime:

Section 268 of the Indian Penal Code defines public nuisance as an act or omission that causes inconvenience, damage, injury, or annoyance to the general public, that threatens to endanger their health, safety, morals, convenience, or welfare. There are certain examples of nuisance that are blocking a public road, unlawfully digging up a pit on public grounds, exploding fireworks on the streets, operating a house of prostitution, harbouring vicious dogs, are all actions that can cause public nuisance and are therefore punishable under Section 268 of the Indian Penal Code. Public nuisance is a criminal offence and can result in imprisonment or a fine, or both, depending on the severity of the offence. The objective of this provision is to ensure that individuals do not act in a way that is harmful to the public’s well-being and to discourage such behavior penalties are imposed for such actions. Case law:

Leanse vs. Egerton

In this case, the plaintiff was hit by a piece of glass from a broken window by the defendant’s property when they were passing by. The window had shattered due to an air raid on a Friday, and the defendant’s offices used to be closed on every Saturday and Sunday due to difficulty in finding labor. However, it was ruled that the defendant’s agents should have inspected the property in advance and should have taken necessary precautions to prevent such accidents. As a result, the defendant was found guilty of committing a public nuisance since their actions has harmed the rights of the general public.

Punishment in Public Nuisance:

Section 290 of the Indian Penal Code deals with the punishment for an act of public nuisance. According to it, any person found guilty of committing public nuisance is to be punished with a fine which may extend up to 200 rupees. However, Section 291 says that if an injunction has been delivered against the defendant, and he still does not cease the act of nuisance, he would either be punished for a term of imprisonment that may extend up to 6 months, or be charged a fine, or both. Conclusion: According to Section 268 of the Indian Penal Code, committing public nuisance is considered a crime, and it can result in a penalty of a fine, which may be up to 200 rupees. If the defendant continues to commit the act, despite being ordered by a lawful authority to stop, they can be punished with imprisonment for a period of up to 6 months or with a fine or both, as per Section 291 of the Indian Penal Code.  

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