The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)
Public Nuisance under criminal Law
Public nuisance is a term used in criminal law to describe any act or omission that causes harm, danger, or inconvenience to the public. It is a criminal offense that affects the peace, health, safety, or morals of the community at large. In this article, we will discuss the concept of public nuisance, its elements, and the legal provisions related to it, along with relevant case laws.
Definition and Elements of Public Nuisance
Public nuisance is a crime against the state, as it affects the collective interests of the public. It is defined as any act or omission that causes an obstruction, damage, injury, annoyance, or inconvenience to the public or a section of it. The harm caused by public nuisance may be physical, moral, or both. For example, a person playing loud music in a residential area causing disturbance to the residents is a public nuisance.
The elements of public nuisance are:
The act or omission must cause an obstruction, damage, injury, annoyance, or inconvenience to the public or a section of it.
The harm caused must be substantial and unreasonable.
The act or omission must affect the peace, health, safety, or morals of the community at large.
Legal Provisions Related to Public Nuisance
The Indian Penal Code, 1860 (IPC) has provisions related to public nuisance under Chapter XIV (Of Offences Affecting the Public Health, Safety, Convenience, Decency, and Morals). Section 268 to Section 294 of IPC deals with public nuisance.
Section 268 of IPC defines public nuisance as an act or omission that causes common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or a section of it. The section also states that a person committing a public nuisance is liable to be punished with a fine of not more than two hundred rupees.
Section 290 of IPC deals with punishment for public nuisance in cases where the offender is bound by law to remove or prevent the nuisance. The section states that a person failing to comply with such a duty is liable to be punished with imprisonment for a term that may extend to three months or with a fine or both.
Section 291 of IPC deals with punishment for continuing a public nuisance after a direction to discontinue it. The section states that a person continuing a public nuisance after a direction to discontinue it is liable to be punished with imprisonment for a term that may extend to six months or with a fine or both.
Case Laws Related to Public Nuisance
Subramanian Swamy v. Union of India (2016): In this case, the Supreme Court of India held that the playing of loudspeakers or public address systems during the night time, which causes annoyance or disturbance to the public or a section of it, is a public nuisance. The court also directed the authorities to take appropriate measures to prevent such public nuisance.
M.C. Mehta v. Union of India (1997): In this case, the Supreme Court of India held that the discharge of toxic gases by industries into the air, causing harm to the health and lives of the people in the surrounding areas, is a public nuisance. The court directed the industries to take necessary measures to prevent such public nuisance.
State of Maharashtra v. Lok Shikshan Sanstha (2010): In this case, the Bombay High Court held that the erection of unauthorized structures on the footpath or road causing obstruction to the public or a section of it is a public nuisance. The court directed the authorities to remove such unauthorized structures and prevent such public nuisance.
Conclusion
Public nuisance is a criminal offense that affects the peace, health, safety, or morals of the community at large. The act or omission causing public nuisance.
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening