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:
- The water source is public (spring/reservoir).
- The accused voluntarily polluted or contaminated it.
- 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. Misrepresentation of Drugs
This law applies when a person knowingly sells or offers a medicine with a false label or presents it as a different drug. This includes medicines that are wrongly labeled, fake, replaced with cheaper drugs, or sold as another brand without the buyer’s knowledge. The aim is to make sure that people get the correct medicine that is meant for their treatment.
2. Knowingly Committed
The offence is punishable only when the person knows that the drug they are selling or giving is not the correct one. If the wrong medicine is given by mistake without intention, the law does not punish such unintentional errors. This ensures fairness and punishes only those who intentionally cheat or mislead people.
3. Protection of Public Health
This law protects the health of the public from harmful or wrong medications. A wrongly labeled or fake drug can cause serious side effects or may not cure the illness it is meant to treat. By stopping such practices, this law helps build trust in doctors, chemists, medical shops, and healthcare services.
4. Scope of the Law
This section applies not only to shopkeepers but also to medical dispensaries, chemists, and anyone who provides medicine for treatment. It covers all ways of selling medicines, including offline shops and online platforms. Anyone involved in misrepresenting a drug as something else can be held responsible under this law.
5. Punishment for Violation
A person who breaks this law may face imprisonment of up to six months or a fine of up to ₹5,000, or both. The punishment acts as a warning for those who may try to cheat people by selling fake or wrongly labeled medicines. The seriousness of the punishment depends on how harmful the violation was and how many people were affected.
6. Legal Classification
This offence is non-cognizable, which means police cannot arrest or investigate without permission from a Magistrate. It is also bailable, so the accused can get bail and does not have to stay in jail while the case is going on. The case can be tried by any Magistrate, which makes the legal process easier and faster.
7. Accountability in Dispensaries
The law also applies to medical dispensaries that issue medicines to patients. They must make sure that the medicine they give is exactly what the doctor has prescribed. If a dispensary issues the wrong medicine knowingly, the responsible person can be punished under this law. This ensures honest service to patients.
8. Safeguards Against Fraud
BNS Section 278 helps in stopping fraud in the medicine and healthcare industry. It protects buyers from being cheated by sellers who may offer cheap, expired, fake, or counterfeit medicines as if they are real. This law supports fairness and honesty in the sale and distribution of drugs
9. Encouragement of Ethical Practices
With strict rules and penalties, this law encourages chemists, sellers, and dispensaries to follow ethical and honest practices. It motivates them to label medicines properly and sell only genuine products. As a result, the standard and reliability of healthcare services improve.
10. Consumer Awareness and Protection
This law indirectly works to increase consumer awareness by ensuring that medicines sold in the market are correctly described and safe. It gives confidence to patients that the medicine they are buying or receiving is genuine and suitable for their treatment. Ultimately, it improves public trust in the healthcare and pharmacy system.
Examples of BNS Section 279
- 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. - 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
- Imprisonment for a term of up to six months.
- 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.
Comparison Table BNS 279 vs IPC 277
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 279 | Penalizes anyone who intentionally fouls or pollutes the water of any public spring or reservoir, making it unfit for ordinary use such as drinking, bathing, or irrigation. Protects community health and public resources. | Imprisonment up to 6 months, or fine up to ₹5,000, or both. Applies only when the act of pollution is done voluntarily or knowingly. | Bailable | Cognizable | Any Magistrate |
| IPC Section 277 (Old) | Punished anyone who voluntarily corrupted or fouled the water of a public spring or reservoir, making it less fit for use. Protected public water from intentional contamination. | Imprisonment up to 6 months, or fine, or both. Punishment same as BNS but without updated environmental clarity. | Bailable | Cognizable | Any Magistrate |
| Key Difference: BNS Section 279 modernizes IPC Section 277 by emphasizing public health, environmental protection, and accountability. It maintains the same punishment but strengthens focus on intentional pollution and community safety. | |||||
BNS Section 279 FAQs
What is BNS Section 279 about?
BNS Section 279 penalizes anyone who intentionally pollutes or contaminates the water of public springs or reservoirs, making it less fit for ordinary use.
What actions are considered offenses under BNS Section 279?
Actions like dumping garbage, releasing industrial waste, or pouring harmful chemicals into public water sources are considered offenses under this section.
What is the punishment for violating BNS Section 279?
Offenders can face imprisonment of up to six months, a fine of up to ₹5,000, or both.
Is BNS Section 279 a bailable offense?
Yes, it is a bailable offense, meaning the accused can secure bail.
Is BNS Section 279 a cognizable offense?
Yes, it is a cognizable offense, allowing the police to arrest and investigate without prior approval.
Who can try cases under BNS Section 279?
Cases under this section are triable by any Magistrate.
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.
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Finished with BNS 279 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 280 BNS : Making atmosphere noxious to health.
- https://marriagesolution.in/bns_section/280-bns/
- 281 BNS : Rash driving or riding on a public way.
- https://marriagesolution.in/bns_section/281-bns/
- 282 BNS : Rash navigation of vessel.
- https://marriagesolution.in/bns_section/282-bns/
- 283 BNS : Exhibition of false light, mark or buoy.
- https://marriagesolution.in/bns_section/283-bns/
- 284 BNS : Conveying person by water for hire in unsafe or overloaded vessel.
- https://marriagesolution.in/bns_section/284-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list