Code: Section 293 BNS
Whoever repeats or continues a public nuisance, having been enjoined by any
public servant who has lawful authority to issue such injunction not to repeat or continue
such nuisance, shall be punished with simple imprisonment for a term which may extend to
six months, or with fine which may extend to five thousand rupees, or with both.
Explanation of Section 293 BNS
Section 293 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of continuing a public nuisance after being legally instructed to stop by an authorized public servant. This provision is designed to ensure that lawful orders issued to prevent public disturbances are respected and effectively enforced.
A public nuisance refers to acts that cause harm, risk, or annoyance to the general public, such as environmental hazards, obstruction of public pathways, noise pollution, illegal waste disposal, etc.
The section emphasizes that if an individual continues such activities despite a formal injunction from a public servant who has the authority to issue such orders, the person can face legal consequences. This includes imprisonment, fines, or both, as specified under the law.
Illustration
Example 1: Noise Pollution After a Formal Warning
A resident frequently hosts loud parties, disturbing the peace of neighboring residents. Despite receiving an official warning from the local police officer (a public servant with lawful authority), the resident continues the disruptive behavior. Under Section 293, the resident may face simple imprisonment up to six months, a fine up to ₹5,000, or both.
Example 2: Illegal Dumping of Waste After Injunction
A factory owner is ordered by the municipal authority to stop dumping waste into a public drainage system due to environmental risks. Ignoring the injunction, the owner continues the illegal activity. This act can lead to punishment under Section 293, with penalties including imprisonment, fines, or both.
Common Questions and Answers on Section 293 BNS
1. What qualifies as a public nuisance under Section 293?
- Answer: Public nuisances include activities like noise pollution, illegal waste dumping, obstruction of public pathways, and any other act that disrupts public health, safety, or morals.
2. Who can issue an injunction under Section 293?
- Answer: Any public servant with lawful authority, such as police officers, municipal authorities, or environmental officials, can issue such injunctions.
3. What are the legal consequences for continuing a public nuisance after an injunction?
- Answer: The offender may face simple imprisonment for up to six months, a fine up to ₹5,000, or both.
4. Is the injunction required to be in writing?
- Answer: While not explicitly required, a written injunction is advisable to serve as clear evidence during legal proceedings.
Conclusion
Section 293 of the Bharatiya Nyaya Sanhita (BNS) ensures that public order and safety are maintained by holding individuals accountable for continuing public nuisances despite lawful injunctions. The law empowers public servants to enforce such injunctions effectively, promoting responsible behavior and protecting the rights of the community.
