सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 270

Public nuisance

Why this exists

Some harmful conduct doesn't target one specific victim but spreads inconvenience or danger across a whole community — noise, foul smells, blocked roads, polluted air or water. This foundational definition, carried over from the old IPC Section 268, sets the boundary for what counts as this kind of collective harm, and the following sections in this chapter build specific offences (like fouling water, polluting air, or rash driving) on top of it. It reflects the idea that a business or activity being useful to its owner does not excuse the harm it inflicts on everyone else nearby.

How courts read it

Indian courts have long held that an activity does not escape being a public nuisance simply because it is otherwise lawful or convenient for the person carrying it out — the key question is the effect on the community. In the well-known case of Ram Baj Singh (Dr.) v. Babulal, the Allahabad High Court dealt with a flour mill whose operation caused dust and noise to spread into a neighbouring physician's clinic, affecting his patients; the court held that even a lawful business becomes actionable when it substantially interferes with the health, comfort, and convenience of others in the vicinity.

Common misconceptions
  • Myth: An activity can't be a public nuisance if it is a legal, licensed business.
    Fact: Being lawful or profitable does not excuse an activity from being a public nuisance if it causes common injury, danger, or annoyance to the public.