Introduction of 293 BNS
293 BNS addresses situations where an individual continues or repeats a public nuisance even after being lawfully instructed by a public servant to discontinue it. This provision ensures compliance with lawful orders to protect public peace and safety, prescribing both imprisonment and fines as penalties for violations.
The Bharatiya Nyaya Sanhita (BNS) Section 293 replaces the old Indian Penal Code (IPC) Section 291.
What is BNS Section 293 ?
BNS Section 293 deals with the continuance of public nuisance despite an injunction by a lawful authority. It criminalizes repeating or continuing an act that causes harm, inconvenience, or danger to the public after being ordered to stop. The provision ensures accountability and deters defiance of lawful instructions aimed at protecting public welfare.
Under Section 293 of the bns act 2023
“Whoever continues or repeats a public nuisance after being lawfully directed by a public servant to discontinue it, shall be punished with simple imprisonment for a term which may extend to six months, or with fine up to ₹5,000, or with both.”
1. Meaning of Section 293 – Continuance of Nuisance
- This section applies when a person ignores a lawful order by a public servant to stop a nuisance and continues it.
- A nuisance here means any act that causes inconvenience, harm, or danger to the public.
- The offense is not about creating nuisance the first time, but about disobeying lawful instructions to discontinue it.
- Even if the act seems minor, ignoring an injunction makes it a punishable offense.
2. Who is Covered?
- Individuals or businesses who continue nuisance after a legal order.
- Factory owners who keep polluting despite being ordered to stop.
- Shopkeepers or vendors who block roads even after warnings.
- People who continue noise pollution (loudspeakers, firecrackers, etc.) after being directed to discontinue.
- Any person knowingly defying a lawful order given to protect public health, safety, or peace.
3. Nature of the Offense
- Cognizable → Police can register a case and take action without prior magistrate approval.
- Bailable → The accused has the right to bail.
- Non-Compoundable → Cannot be settled privately between parties.
- Triable by Any Magistrate → Local magistrates can handle these cases quickly.
4. Examples of BNS Section 293
Example 1 – Ignoring Noise Ban
A person uses loudspeakers during late-night hours. Authorities order them to stop, but they continue the next day. → Punishable under Section 293.
Example 2 – Factory Pollution
A factory discharges chemical waste into a river. After being ordered to stop by the Pollution Control Board, it continues the same activity. → Covered under this section.
Example 3 – Illegal Street Vendor
A vendor blocks a busy public road with stalls. Police direct him to remove them, but he sets them up again. → Offense under Section 293.
5. Punishment under BNS Section 293
- Imprisonment → Simple imprisonment up to 6 months.
- Fine → Up to ₹5,000.
- Both → Court may impose imprisonment along with fine, depending on the seriousness.
6. Importance of BNS Section 293
- Strengthens respect for lawful authority.
- Protects public peace, health, and safety from repeated disturbances.
- Prevents defiance of injunctions, ensuring that nuisances are not prolonged.
- Acts as a deterrent for those who believe they can ignore legal orders.
- Balances individual freedom with community welfare.
Section 293 BNS Overview
BNS Section 293 addresses situations where an individual continues or repeats a public nuisance after receiving a lawful injunction from an authorized public servant to stop such actions. The section ensures that those who defy lawful orders and harm public welfare are held accountable, with penalties including imprisonment, fines, or both.
BNS Section 293: Full Details in 10 Key Points
1. Definition of the Offense
Section 293 of the Bharatiya Nyaya Sanhita focuses on public nuisances that continue despite lawful orders to stop. A public nuisance involves actions that harm the public’s comfort, health, or safety. This section specifically deals with individuals who disregard instructions from authorized public servants to discontinue or stop creating a nuisance.
2. Role of Public Servant’s Injunction
The offense under this section arises when a public servant with lawful authority issues an injunction to stop a nuisance, but the individual deliberately repeats or continues the activity. The law emphasizes adherence to lawful instructions to maintain public order and prevent harm to the community.
3. Importance of Compliance with Lawful Orders
Section 293 underscores the need for respecting lawful authority. Disobeying an injunction creates disorder and undermines the public servant’s role. The provision aims to prevent such defiance by prescribing punishments that deter continued or repeated public nuisance.
4. Punishment for the Offense
This section prescribes two types of punishment: simple imprisonment for up to six months or a fine up to ₹5,000, or both. The dual punishment ensures flexibility in sentencing, allowing the court to impose penalties based on the offense’s severity and circumstances.
5. Cognizability of the Offense
Offenses under Section 293 are classified as cognizable, meaning police can take action, including arresting the offender, without prior approval from a magistrate. This ensures quick intervention to stop ongoing nuisances and prevent escalation.
6. Bailability of the Offense
The offense is bailable, meaning the accused has the right to bail and can avoid prolonged detention. While the offense is not of a severe nature, the bailable classification ensures the accused’s rights are balanced with the need to maintain public order.
7. Non-Compoundable Nature
Section 293 offenses are non-compoundable, indicating that the accused and the complainant cannot mutually agree to drop the case. This ensures that matters affecting public welfare are addressed by the legal system rather than left to private settlements.
8. Jurisdiction for Trial
The offense is triable by any Magistrate, allowing flexibility in handling cases based on jurisdiction and the availability of judicial officers. This accessibility ensures efficient trial procedures and justice delivery for the affected parties.
9. Prevention of Repeated Nuisance
The law targets those who persistently cause nuisances, highlighting the seriousness of repeated violations. By punishing those who defy lawful orders, it prevents further harm to the public and reinforces the authority of public servants.
10. Societal Significance of Section 293
This provision is vital for maintaining public harmony and ensuring lawful conduct. It protects community members from continued harm caused by public nuisances and upholds the principle that lawful orders must be respected to preserve societal order.
Examples of BNS Section 293
- Example 1:
A factory emits harmful gases into a residential area, causing health issues among residents. After receiving a formal order from a magistrate to stop operations and address the pollution, the factory continues its activities. This act of defiance makes the factory owner liable under Section 293. - Example 2:
A person sets up loudspeakers in a residential area, causing noise pollution and disturbing the neighborhood. Despite a public servant’s lawful injunction to stop the noise, the person continues to use the loudspeakers. This will lead to prosecution under this section.
BNS 293 Punishment
- Imprisonment
The offender can face simple imprisonment for up to six months. This serves as a corrective measure for those who persist in causing public nuisances despite lawful instructions. - Fine
A fine of up to ₹5,000 can also be imposed, which acts as a deterrent against repeated violations and compensates for the public inconvenience caused.
BNS 293 bailable or not ?
Offenses under Section 293 are bailable, enabling the accused to secure bail without prolonged detention. This ensures that the punishment aligns with the offense’s relatively less severe nature while still addressing public safety concerns.
Comparison Table (BNS 293 vs IPC 291)
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 293 | Addresses continuing or repeating a public nuisance after being lawfully ordered by a public servant to discontinue it. Ensures compliance with lawful injunctions and protects public peace, health, and safety. Focuses on defiance of legal orders rather than first-time nuisance. | Simple imprisonment up to 6 months, or fine up to ₹5,000, or both. Strengthens deterrence against ignoring lawful orders. | Bailable | Cognizable | Any Magistrate |
| IPC Section 291 (Old) | Covered continuance of public nuisance after an order to discontinue by lawful authority. Served the same purpose but used older and less specific language without fixed penalty limits. | Simple imprisonment up to 6 months, or fine, or both. Fine amount was not specified, leaving penalty discretion to courts. | Bailable | Cognizable | Any Magistrate |
| Key Difference: BNS Section 293 modernizes IPC Section 291 by clearly defining the fine limit (₹5,000), enhancing enforcement clarity, and reinforcing accountability for those who ignore lawful injunctions. It ensures stronger compliance with public safety orders and quicker legal response. | |||||
BNS Section 293 FAQs
1. What constitutes an offense under BNS Section 293?
An offense under Section 293 occurs when a person:
Willfully disobeys the injunction by continuing or repeating the nuisance.
For example, continuing noise pollution after being warned by authorities is an offense under this section.
Commits a public nuisance.
Is served with an injunction by a public servant to discontinue or stop the nuisance.
2. What is the punishment under BNS Section 293?
The punishment includes:
In some cases, both imprisonment and fine may be imposed, depending on the severity and intent of the offense.
Simple imprisonment for a term that may extend up to six months.
A fine of up to ₹5,000.
3. Is an offense under BNS Section 293 bailable or non-bailable?
Offenses under this section are classified as bailable.
Bail ensures that while the individual faces legal proceedings, they are not unnecessarily detained.
This means the accused has the right to apply for bail and secure release without requiring special judicial discretion.
4. Is an offense under BNS Section 293 cognizable or non-cognizable?
The offense is cognizable, allowing the police to:
Investigate and take immediate action to prevent further harm caused by the nuisance.
This ensures that public safety is prioritized and legal intervention is swift.
Register a case without prior approval from a magistrate.
5. Who can try offenses under BNS Section 293?
The offense is triable by any magistrate.
It ensures that individuals causing public nuisances are held accountable without unnecessary delays.
This flexibility allows for quicker resolution of cases, as the judiciary can address such issues in local courts.
6. What is the legal significance of this BNS section 293 ?
BNS Section 293 serves two main purposes:
Public safety: It protects communities from the continuation of nuisances that can harm health, peace, or the environment.
For example, a factory continuing to release pollutants despite a lawful order to stop will face legal consequences under this section.
Deterrence: It discourages individuals from ignoring lawful directives issued to maintain public peace and welfare.
Conclusion
BNS Section 292 ensures that public nuisances not specifically mentioned elsewhere in law do not escape punishment. Even seemingly minor acts—like blocking roads, polluting public areas, or creating disturbances—can affect large sections of society and disrupt peace. By imposing a fine of up to ₹1,000, the law encourages accountability while avoiding overly harsh punishment for small offenses. This provision reinforces the idea that public spaces belong to everyone and must be respected. By holding individuals accountable, Section 292 strengthens community welfare and maintains harmony in daily public life.
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Finished with BNS 293 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 294 BNS : Sale, etc., of obscene books, etc.
- https://marriagesolution.in/bns_section/294-bns/
- 295 BNS : Sale, etc., of obscene objects to child.
- https://marriagesolution.in/bns_section/295-bns/
- 296 BNS : Obscene acts and songs.
- https://marriagesolution.in/bns_section/296-bns/
- 297 BNS : Keeping lottery office.
- https://marriagesolution.in/bns_section/297-bns/
CHAPTER XVI OF OFFENCES RELATING TO RELIGION
- BNS 298 : Injuring or defiling place of worship, with intent to insult the religion of any class.
- https://marriagesolution.in/bns_section/bns-298/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list