279 BNS : Fouling water of public spring or reservoir.

---

Introduction of BNS Section 279

279 BNS of the Bharatiya Nyaya Sanhita, 2023, focuses on protecting public water resources such as springs, wells, and reservoirs. It penalizes anyone who intentionally contaminates or pollutes these shared water bodies, making them unfit for their ordinary uses like drinking, bathing, or irrigation.

This law emphasizes the importance of clean water for public health and community well-being. By criminalizing deliberate pollution of public water, Section 279 ensures that no individual or organization can endanger society’s most vital resource.

---

The Bharatiya Nyaya Sanhita (BNS) Section 279 replaces the old Indian Penal Code (IPC) Section 277.

---

---

What is BNS Section 279 ?

BNS Section 279 punishes anyone who voluntarily corrupts or pollutes the water of any public spring or reservoir, making it unsuitable for its normal purposes, such as drinking, bathing, or irrigation. This law aims to protect public resources and prevent harm caused by polluted water.

---

---

Under Section 279 of the bns act 2023

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment up to six months, or with fine up to five thousand rupees, or with both.

1. Meaning of the Provision

• The law punishes deliberate pollution of public water sources.
• “Fouling” means contaminating or making the water dirty or unsafe.
• Applies to all public water sources like wells, springs, lakes, or reservoirs.

2. Scope of the Law

• Covers both urban and rural water sources used by the community.
• Protects water used for drinking, washing, irrigation, or domestic use.
• Accidental pollution is not punishable—the act must be intentional.

3. Essential Ingredients

To prove an offense under this section, it must be shown that:

1. The water source is public (spring/reservoir).
2. The accused voluntarily polluted or contaminated it.
3. The water became unfit for its ordinary use.

4. Examples of BNS 279

• Example 1: A factory dumps untreated chemicals into a reservoir, making the water unsafe.
• Example 2: People throw garbage into a public spring, causing health risks.
• Not Covered: If pollution occurs accidentally, without intent, this section does not apply.

5. Punishment under BNS Section 279

• Imprisonment → Up to 6 months
• Fine → Up to ₹5,000
• Both → Court may impose both for serious offenses

6. Legal Classification

• Bailable → Accused can get bail.
• Cognizable → Police can arrest and investigate without prior approval.
• Non-Compoundable → Cannot be settled privately; trial is mandatory.
• Triable by → Any Magistrate.

7. Importance of BNS Section 279

• Ensures clean water access for the public.
• Prevents deliberate harm to environment and health.
• Promotes responsibility towards shared natural resources.

---

Section 279 BNS Overview

BNS Section 279 deals with the act of corrupting or polluting water in public springs or reservoirs. If someone intentionally makes the water less suitable for its ordinary use, they can be punished under this law to protect public health and safety.

Key Points of BNS Section 279

1. Protection of Public Water Sources
   • This section aims to safeguard public water sources like springs and reservoirs.
   • It ensures that these vital resources remain safe and usable for their intended purposes, such as drinking, bathing, or irrigation.
2. Intentional Fouling of Water
   • The act of polluting water must be done voluntarily or with intent.
   • Accidental or unintended actions are not covered under this provision.
   • Examples include dumping waste or releasing harmful chemicals into public water sources.
3. Impact on Public Usage
   • The law applies when the fouling renders the water less fit for its normal use.
   • It protects the community from potential health hazards caused by contaminated water.
   • Ensuring the purity of public water is critical for community well-being.
4. Punishment for Offenders
   • A person guilty of this offense can face imprisonment of up to six months, a fine of up to ₹5,000, or both.
   • The penalty serves as a deterrent to prevent individuals from polluting public water.
   • It also ensures accountability for actions that harm public resources.
5. Legal Classification
   • Cognizable: Police can arrest the offender and initiate an investigation without prior approval from a magistrate.
   • Bailable: The accused can obtain bail and avoid detention during the trial.
   • Triable by any magistrate: Ensures prompt judicial proceedings for cases under this section.
6. Preservation of Public Resources
   • The law encourages individuals to respect and preserve public water sources.
   • It supports environmental sustainability by discouraging pollution.
   • Communities can depend on clean water for their everyday needs.
7. Focus on Intent
   • Proving the offender’s intention to corrupt or foul the water is essential.
   • Actions done knowingly and deliberately are penalized under this section.
   • This focuses the law on preventing intentional harm.
8. Scope of the Law
   • The section covers all public springs and reservoirs used by the community.
   • This includes both urban and rural water sources that serve the public.
   • It applies regardless of the size or location of the water source.
9. Non-Compoundable Nature
   • The offense is non-compoundable, meaning it cannot be settled between the offender and the affected parties.
   • A legal trial is necessary to ensure justice is served.
   • This protects the public interest and holds offenders accountable.
10. Encouragement of Clean Practices

• By penalizing offenders, the law promotes responsible behavior towards public water sources.
• It encourages individuals and organizations to avoid polluting activities.
• This fosters a sense of community responsibility for shared resources.

Examples of BNS Section 279

1. Example 1:
   A factory owner knowingly releases untreated chemical waste into a nearby public reservoir. This action contaminates the water, making it unfit for drinking and irrigation. The factory owner can be punished under BNS Section 279.
2. Example 2:
   A group of individuals dumps garbage and sewage into a village’s public spring, causing health issues in the community. The individuals can be prosecuted under this section.

---

BNS 279 Punishment

1. Imprisonment for a term of up to six months.
2. Fine of up to ₹5,000, or both imprisonment and fine.

---

---

BNS 279 bailable or not ?

BNS Section 279 is bailable, meaning the accused can secure bail and avoid prolonged detention during the legal process.

---

Bharatiya Nyaya Sanhita Section 279

---

Comparison Table BNS 279 vs IPC 277

---

BNS Section 279 FAQs

---

Conclusion

BNS Section 279 plays a crucial role in protecting public health and shared resources by penalizing those who intentionally foul or contaminate public water sources such as springs and reservoirs. By classifying the offense as cognizable, bailable, and non-compoundable, the law ensures swift action and accountability while safeguarding communities from polluted water. This provision not only deters individuals and industries from polluting but also promotes responsible environmental practices. Ultimately, Section 279 reinforces the importance of clean water, public safety, and sustainable living in society.

---

Need Legal Support?

If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.

---