Code: Section 270 BNS
“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 but a common nuisance is not excused on the ground that it causes some
convenience or advantage.
Explanation: Section 270 BNS
Section 270 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines public nuisance as any act or omission that causes harm, danger, or inconvenience to the public. This includes activities that obstruct public rights, create health hazards, or disrupt daily life for individuals in a community.
Key Features of Public Nuisance:
- Acts or Omissions: Both active actions and failures to act legally are considered offenses.
- Impact on the Public: The act must affect a large group of people, not just individuals.
- Infringement of Public Rights: The nuisance must hinder access to public spaces like roads, parks, or waterways.
- No Justification: Even if the act provides convenience or benefits the offender, it’s not a valid defense.
Illustration: Real-Life Examples of Public Nuisance
- Factory Emissions: A factory releasing toxic fumes into the air harms nearby residents, causing health issues. This is a clear case of public nuisance.
- Blocked Pathways: A person blocking a public footpath with construction materials creates an obstruction, affecting pedestrians and drivers.
- Traffic Congestion: A street vendor causing frequent traffic jams by occupying public roads disrupts smooth traffic flow, posing a danger to road users.
Common Questions About Public Nuisance (Section 270 BNS)
1. What is considered a public nuisance under Section 270?
- Answer: Any act or omission that causes injury, danger, or annoyance to the public, or obstructs public rights like roads, parks, or waterways.
2. Can private issues be public nuisances?
- Answer: No, private disputes are not considered public nuisances unless they affect the general public.
3. Does causing inconvenience for personal gain justify the act?
- Answer: No, Section 270 explicitly states that even if the act provides personal convenience or advantage, it is still punishable.
4. What are the penalties for public nuisance?
- Answer: Offenders may face imprisonment, fines, or both, depending on the severity of the nuisance.
Conclusion: Why Section 270 BNS Matters
Section 270 of the Bharatiya Nyaya Sanhita (BNS), 2023 ensures that public spaces remain safe, accessible, and free from harmful activities. It holds individuals and organizations accountable for actions that disrupt public order and well-being. Whether it’s environmental pollution, road obstructions, or public disturbances, this section is key to maintaining harmony in society.
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