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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.


BNS 293 penalizes repeated public nuisances after lawful orders to stop, ensuring public safety and compliance.
Under BNS 293, offenders repeating public nuisances face penalties for ignoring lawful instructions.

BNS 293 in Simple Points

1. Purpose of the Section
Section 293 is designed to curb the persistence of public nuisances even after legal orders are issued to discontinue them. Public nuisances can include anything that disrupts public health, safety, or peace. By penalizing non-compliance, this section reinforces the authority of public servants and ensures that individuals do not jeopardize communal harmony by ignoring lawful injunctions.

2. Punishment for Disobedience
The section prescribes a simple imprisonment term of up to six months, a fine of ₹5,000, or both. The punishment is moderate yet significant enough to deter repeat offenses. Courts consider factors such as the nature of the nuisance, the harm caused, and the offender’s intent when deciding the appropriate penalty.

3. Cognizability and Bailability of the Offense
The offense under Section 293 is classified as cognizable, allowing the police to register a case and take action without prior approval from a magistrate. It is also bailable, meaning the accused can secure bail as a matter of right, balancing the seriousness of the offense with the offender’s legal rights.

4. Role of Lawful Injunctions
An injunction by a public servant is a prerequisite for invoking this section. Such an injunction is a formal order, issued by someone with legal authority, directing the individual to cease the nuisance. Ignoring this lawful directive is considered contempt of authority and poses a threat to public order, necessitating legal intervention.

5. Societal and Legal Significance
This provision is essential for maintaining public peace and protecting citizens from continued harm. It also emphasizes the importance of respecting lawful orders issued for public welfare. By penalizing defiance, the law ensures that public nuisances are effectively addressed and do not escalate into larger disturbances.


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

  1. 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.
  2. 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

  1. 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.
  2. 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 punishment includes up to 6 months imprisonment or a fine of ₹5,000 for repeated public nuisances.
Under BNS 293, repeated public nuisances can result in imprisonment or a fine.

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.


Bharatiya Nyaya Sanhita Section 293

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
293Continuance of nuisance after injunction to discontinueSimple imprisonment up to 6 months, or fine up to ₹5,000, or bothBailableCognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 293

BNS Section 293 FAQs

1. What constitutes an offense under BNS Section 293?

2. What is the punishment under BNS Section 293?

3. Is an offense under BNS Section 293 bailable or non-bailable?

4. Is an offense under BNS Section 293 cognizable or non-cognizable?

5. Who can try offenses under BNS Section 293?


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