Bharatiya Nyaya Sanhita, 2023
Section 293
Continuance of nuisance after injunction to discontinue
Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees or with both.
Why this exists
This section adds teeth to the more general nuisance offence: it punishes defiance of a lawful order. Once a person in authority has formally told someone to stop a nuisance, continuing it is treated more seriously because it shows deliberate disregard for a lawful direction meant to protect the public.
Common misconceptions
- Myth: Any neighbour or private citizen's warning counts as the 'injunction' needed under this section.
Fact: The warning must come from a public servant who actually has lawful authority to issue such an order — a private complaint alone does not trigger this section.