Indian Penal Code, 1860
Section 278
repealedMaking atmosphere noxious to health
Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.
Why this exists
Public health depends on breathable air. Before modern environmental laws existed, this section gave ordinary people and local authorities a simple criminal remedy against someone deliberately creating foul, unhealthy air — for example by burning noxious material near homes. It has largely been overtaken in practice by dedicated environmental statutes like the Air (Prevention and Control of Pollution) Act, 1981, but remains a general nuisance-type offence. Under the new Bharatiya Nyaya Sanhita, 2023, this offence is carried forward in a renumbered section.