Public nuisance is an offence committed by any person who does an act or is guilty of an illegal omission that causes common injury, danger, or annoyance to the public at large. Under Indian law, public nuisance is defined in Section 268 of the Indian Penal Code, 1860 (now Section 270 of the Bharatiya Nyaya Sanhita, 2023) and encompasses offences affecting public health, safety, convenience, decency, and morals.
Legal definition
Section 268 IPC (Section 270 BNS) provides:
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 ground that it causes some convenience or advantage.
Key elements of public nuisance:
- An act or illegal omission: The nuisance may arise from positive action or from a failure to act where there is a legal duty
- Common injury, danger, or annoyance: The harm must affect the public at large or a section of the public, not merely a single individual (which would be a private nuisance)
- Public right: The nuisance must affect persons who use a public right — such as a public road, waterway, or public space
Chapter XIV IPC (Chapter XV BNS) covers a broad range of specific nuisance offences:
- Negligent spread of infection (Section 269 IPC / Section 271 BNS): Negligent act likely to spread a dangerous disease — imprisonment up to 6 months
- Malignant spread of infection (Section 270 IPC / Section 272 BNS): Deliberate act likely to spread disease — imprisonment up to 2 years
- Adulteration of food and drink (Sections 272-273 IPC / Sections 274-275 BNS): Adulteration of food or drink intended for sale — imprisonment up to 6 months
- Adulteration of drugs (Sections 274-276 IPC / Sections 276-278 BNS): Dealing in adulterated drugs — imprisonment up to 6 months
- Fouling water (Section 277 IPC / Section 279 BNS): Voluntarily corrupting public water supply
- Making atmosphere noxious (Section 278 IPC / Section 280 BNS): Rendering atmosphere noxious to health
- Rash or negligent driving (Section 279 IPC / Section 281 BNS): Driving on public way so rashly or negligently as to endanger human life — imprisonment up to 6 months
- Obscene acts and material (Sections 292-294 IPC / Sections 294-296 BNS): Sale, distribution, or performance of obscene material
Punishment for general public nuisance: Section 290 IPC (Section 292 BNS) prescribes a fine up to Rs 1,000 (increased from Rs 200 under IPC) for any public nuisance not specifically penalised elsewhere.
How courts have interpreted this term
Ratlam Municipal Council v. Vardhichand [AIR 1980 SC 1622]
The Supreme Court, in this landmark environmental and public nuisance case, held that a Magistrate has the power under Section 133 CrPC (now Section 163 BNSS) to direct a municipality to remove a public nuisance. The Court held that the failure of a municipal body to provide sanitation and drainage, resulting in pollution, constitutes a public nuisance. The judgment established that the right to a pollution-free environment is part of the right to life under Article 21.
Municipal Corporation of Delhi v. Tek Chand Bhatia [(1980) — Supreme Court]
The Court held that public nuisance must be distinguished from private nuisance. A public nuisance affects the community at large or a considerable portion of it, while a private nuisance affects specific individuals. However, a private individual may file a complaint about a public nuisance if they suffer special damage beyond that suffered by the general public.
Re: Noise Pollution [(2005) 5 SCC 733]
The Supreme Court addressed noise pollution as a public nuisance, holding that the use of loudspeakers, firecrackers, and amplified music beyond permissible decibel levels constitutes public nuisance. The Court directed authorities to enforce noise pollution norms and held that the right to live in a noise-free environment is a fundamental right under Article 21.
Why this matters
Public nuisance occupies a unique position in Indian criminal law as a broad catch-all offence that protects collective public interests. It provides the legal foundation for addressing pollution, unsanitary conditions, dangerous driving, food adulteration, and obscenity — issues that affect the quality of life of entire communities.
For citizens, the most practical aspect of public nuisance law is the remedy under Section 133 CrPC (Section 163 BNSS), which empowers a Magistrate to order the removal of a public nuisance on a complaint by any member of the public. This is a faster and cheaper remedy than filing a civil suit, making it accessible to ordinary citizens who may not afford prolonged litigation.
For local government bodies and businesses, understanding public nuisance liability is essential because public authorities and commercial enterprises are the most frequent respondents in public nuisance proceedings. Municipal failures in sanitation, waste management, and drainage; industrial pollution; and commercial activities causing noise or air pollution are all actionable as public nuisance.
Related terms
Specific offences under this chapter:
Related offences:
Broader concepts:
Frequently asked questions
What is the difference between public and private nuisance?
Public nuisance affects the community at large or a substantial section of it and is a criminal offence under Section 268 IPC (Section 270 BNS). Private nuisance affects specific individuals and is a civil tort actionable by those individuals. However, an individual who suffers special damage from a public nuisance may file a criminal complaint.
Can a Magistrate order removal of a public nuisance?
Yes. Under Section 133 CrPC (Section 163 BNSS), a Magistrate can direct the conditional removal of a public nuisance upon receiving a complaint or information. This is a quick and effective remedy that does not require a full trial.
Is noise pollution a public nuisance?
Yes. The Supreme Court in Re: Noise Pollution (2005) held that noise beyond permissible levels constitutes public nuisance. The use of loudspeakers, firecrackers, and amplified music in violation of prescribed decibel limits is punishable, and the right to a noise-free environment is protected under Article 21.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.