Indian Penal Code, 1860
Section 268
repealedPublic nuisance
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.
Why this exists
This section gives the legal definition used throughout the Indian Penal Code's chapter on public nuisances, which then sets out specific punishments (in other sections) for things like fouling water, obstructing public ways, or endangering public health and safety. Its roots lie in English common-law nuisance doctrine, and it exists to protect the shared interests of a community, like clean air, safe roads, and unobstructed public spaces, from harms that no single private lawsuit would adequately address because they affect an indeterminate number of people rather than one identifiable victim. Replaced by the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024.
Common misconceptions
- Myth: Public nuisance only means loud noise or bad smells.
Fact: It covers any act or omission that causes shared injury, danger, obstruction, or annoyance to the public or a neighbourhood, which can include blocked roads, unsafe conditions, or health hazards, not just noise or odour.