Section 280 – Bharatiya Nyaya Sanhita (BNS) – Making Atmosphere Noxious To Health.

Code: Section 280 BNS

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 one thousand
rupees.

Explanation of Section 280 BNS

Section 280 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of intentionally contaminating the atmosphere, making it harmful to public health. This section is vital for environmental protection and public well-being, focusing on activities that could lead to air pollution or other harmful atmospheric conditions.

Key Features:

• Offense: Deliberately polluting the air in a manner harmful to public health.
• Scope: Applies to individuals or businesses causing air contamination.
• Punishment: A fine up to ₹1,000.

Illustration of Section 280 BNS

1. Factory Emissions Without Proper Filters:
   ABC Industries releases toxic gases into the atmosphere without using pollution control equipment, causing health issues for nearby residents.
2. Burning Waste in Open Spaces:
   Ramesh burns plastic waste in an open field near his home, causing harmful smoke to spread across his neighborhood.
3. Releasing Industrial Fumes:
   XYZ Chemicals releases fumes from its plant that make the surrounding air hazardous for people living nearby.

Common Questions About Section 280 BNS

1. What does “vitiating the atmosphere” mean?

• Answer: It refers to intentionally polluting or contaminating the air in a way that harms health, such as releasing toxic gases, smoke, or chemicals.

2. Is this section applicable to both individuals and companies?

• Answer: Yes, both individuals and corporate entities can be prosecuted under this section if they cause atmospheric pollution intentionally.

3. What is the penalty for violating Section 280?

• Answer: A fine of up to ₹1,000.

4. Does this apply to accidental pollution?

• Answer: No, this section applies to voluntary, intentional actions that cause air pollution.

5. Can authorities take action against a person or company under this section?

• Answer: Yes, law enforcement agencies or environmental bodies can initiate legal proceedings if there’s evidence of intentional pollution.

Conclusion

Section 280 of the Bharatiya Nyaya Sanhita (BNS), 2023 highlights the importance of maintaining clean air for public health. It aims to prevent deliberate actions that could endanger the environment and people’s well-being. The section holds offenders accountable, promoting responsible environmental practices.

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