IPC 268

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Introduction of 268 IPC

IPC Section 268 defines public nuisance as any act or illegal omission that causes common injury, danger, or annoyance to the general public or people living in a particular area. This can include actions that affect public health, safety, convenience, or property. Unlike private nuisance, which affects an individual or a specific group, public nuisance impacts a large number of people. Some common examples include air and water pollution, loud noise at odd hours, blocking public roads, and illegal waste dumping. The law ensures that individuals or businesses do not create disturbances that harm society as a whole.

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What is IPC Section 268?

IPC Section 268 defines public nuisance as any act or illegal omission that causes common injury, danger, or annoyance to the public or people living in a particular area. It includes actions that affect public health, safety, or convenience. Public nuisance is different from private nuisance because it impacts a large group of people rather than just one individual. Examples include air or water pollution, excessive noise, blocking public roads, or improper waste disposal.

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Section 268 IPC in Simple Points

1. Public Nuisance Affects the Community

Public nuisance is an act that harms many people at once, rather than just one individual. It can include pollution, obstruction of roads, excessive noise, or unhygienic conditions in public places. The law ensures that no one’s actions should disturb public peace, health, or safety. For example, if a factory releases toxic gases, affecting an entire neighborhood, it is considered a public nuisance under IPC 268.

2. Difference Between Public and Private Nuisance

Public nuisance affects a large number of people, while private nuisance impacts only a specific person or small group. For instance, if someone burns waste in their backyard and the smoke enters one neighbor’s house, it is a private nuisance. However, if the smoke spreads throughout the locality and affects many people, it becomes a public nuisance under IPC 268. The legal system treats public nuisance as more serious because it impacts society at large.

3. Common Examples of Public Nuisance

Several activities can be classified as public nuisance under IPC 268. These include smoking in public places, excessive honking, loudspeakers at odd hours, dumping garbage on roads, blocking public passages, or releasing harmful industrial waste into rivers. Any action that creates widespread inconvenience, annoyance, or danger to public health falls under this law.

4. Legal Consequences and Complaints

Public nuisance cases can be reported by any affected person or local authorities. Courts and municipal bodies have the power to take action against individuals or businesses causing public disturbance. In many cases, the government issues warnings, imposes fines, or orders the removal of the nuisance. If a situation is serious and causes harm, authorities can even file a case under IPC 268 and related laws.

5. Preventive Measures Against Public Nuisance

To avoid public nuisance, people and businesses must follow public safety rules and environmental laws. Factories should install pollution control systems, event organizers must use sound systems within the legal limit, and individuals should dispose of waste properly. Governments and local bodies also take preventive steps by conducting awareness programs, strict inspections, and issuing fines for violations. Responsible behavior from citizens and businesses helps maintain a peaceful and healthy society.

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Section 268 IPC Overview

IPC Section 268 defines public nuisance as any act or illegal omission that affects the general public or a large number of people by causing harm, danger, or inconvenience. Public nuisance can include actions that impact public safety, health, comfort, or convenience. For example, blocking a public road, polluting a water source, or creating excessive noise that disturbs the community are considered public nuisances. The law ensures that no individual or group engages in activities that disrupt public peace and order.

10 Key Points on IPC 268

1. Public Nuisance Affects the General Public

Public nuisance is not an act that harms just one person; it must affect a large number of people. For instance, dumping garbage on a public road is a public nuisance because it affects all the people using that road. The key factor is that the inconvenience or harm should be to a group rather than an individual.

2. Public Safety and Health are Important Considerations

Any activity that endangers public safety, spreads diseases, or affects hygiene can be categorized as public nuisance. Polluting drinking water sources, improper waste disposal, and spreading harmful gases can be punishable under this section. The law aims to protect public health and prevent community-wide issues.

3. Examples Include Pollution, Noise, and Obstructions

Public nuisance can take many forms, such as smoke pollution from factories, loudspeakers playing at high volume, illegal parking, or blocking public roads. If an act creates discomfort or inconvenience for the public, it may be considered a public nuisance.

4. No Specific Punishment Under IPC 268

IPC 268 only defines public nuisance and does not prescribe any direct punishment. However, punishment for committing a public nuisance is covered under IPC Section 290, which imposes a fine of up to ₹200. In serious cases, additional legal provisions may be applied.

5. Public Nuisance Must Be an Unlawful Act or Omission

A public nuisance occurs when someone either actively does something illegal or fails to do something they are legally required to do, leading to harm to the public. For example, a municipality not collecting garbage on time can be considered a public nuisance if it leads to public inconvenience.

6. The Offense is Bailable and Non-Cognizable

Public nuisance under IPC 268 is a bailable and non-cognizable offense. This means that police cannot arrest the accused without prior permission from the court. Since it is considered a minor offense, bail is usually granted easily.

7. Public Nuisance Cases are Tried by a Magistrate

Cases related to public nuisance are handled by a Judicial Magistrate. The court evaluates the extent of public harm caused and determines the appropriate legal action, which may include fines or additional penalties under other legal provisions.

8. Public Nuisance Can be Reported by Any Affected Person

Since public nuisance affects a community or a large group, any individual from the affected area has the right to file a complaint with the authorities. For example, if a factory releases toxic fumes into a residential area, any resident can report it to the police or local authorities.

9. Public Nuisance is Different from Private Nuisance

Public nuisance affects a large group of people, while private nuisance affects only an individual or a small number of people. For example, a neighbor playing loud music in a residential area is private nuisance, but a factory creating noise pollution for an entire locality is a public nuisance.

10. Government Authorities Have the Power to Stop Public Nuisance

Under various municipal and environmental laws, authorities such as the police, pollution control boards, and municipal corporations have the power to stop and prevent public nuisances. They can issue notices, impose fines, and even take legal action against those responsible for causing public disturbances.

Example 1: Loudspeaker Noise During Nighttime

A religious institution installed high-powered loudspeakers and played music throughout the night, disturbing people in the area, especially elderly individuals and students preparing for exams. Residents complained to the authorities. Since the noise pollution caused discomfort to the public, it was considered a public nuisance under IPC 268, and the authorities ordered the removal of the loudspeakers.

Example 2: Illegal Garbage Dumping on Public Roads

A local market vendor started dumping waste and rotten vegetables on a public road instead of using proper disposal methods. Over time, the waste caused a foul smell, attracted pests, and made the road unusable. The municipal authorities fined the vendor and issued a strict warning, classifying his actions as a public nuisance under IPC 268.

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Section 268 IPC case laws

1. Krishna Gopal v. State of Madhya Pradesh (1986)

Case Summary: In this case, the accused was running a factory that emitted harmful smoke and foul odors, causing severe inconvenience to the nearby residents. The locals complained that the pollution was affecting their health and making daily life difficult.
Result: The court held that the factory was creating a public nuisance and ordered its closure until proper pollution control measures were adopted. The accused was fined and warned against causing further harm.

2. Govind Singh v. Shanti Swaroop (1979)

Case Summary: The defendant constructed an unauthorized structure on a public street, blocking an essential pathway for pedestrians and vehicles. This caused traffic congestion and inconvenience to the local residents.
Result: The court ruled that blocking a public road was a public nuisance, and the defendant was directed to remove the structure immediately. A penalty was imposed to prevent further obstruction.

3. K. Ramakrishnan v. State of Kerala (1999)

Case Summary: The petitioner filed a case against excessive smoking in public places, arguing that passive smoking harmed non-smokers and violated public health rights.
Result: The Kerala High Court declared smoking in public places as a public nuisance under IPC 268 and directed the state to take strict action against violators. This judgment influenced the later nationwide ban on smoking in public places.

4. Municipal Corporation of Delhi v. Subhagwanti (1966)

Case Summary: A clock tower owned by the Municipal Corporation of Delhi collapsed due to negligence, killing several people. The structure was in poor condition, and no preventive measures were taken despite warnings.
Result: The Supreme Court ruled that the Municipal Corporation was responsible for causing public nuisance and was liable for compensation to the victims’ families. The case highlighted the duty of public authorities in maintaining public safety.

5. Sushil Kumar v. State of Bihar (2005)

Case Summary: A factory was discharging industrial waste into a river, making the water unsafe for public use. Fishermen and local residents suffered due to pollution.
Result: The court held that polluting a public water source was a serious public nuisance and ordered the factory to pay compensation and implement pollution control measures immediately.

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268 IPC Punishment

IPC 268 itself does not prescribe punishment but defines public nuisance. Punishment is usually covered under IPC 290, which states:

1. Fine: A person found guilty of public nuisance may be fined up to ₹200.
2. No Imprisonment: Generally, the offense under this section does not lead to imprisonment.

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268 IPC Bailable or non bailable

• Bailable: The offense is bailable, meaning the accused can get bail easily.
• Non-Cognizable: Police cannot arrest without prior approval from the magistrate.
• Tried by a Magistrate: The case is usually handled in a Magistrate’s Court.

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Section 268 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
IPC 268	Public Nuisance (Causing harm, inconvenience, or danger to the general public)	It is not a directly punishable offense, but actions under IPC 290 (Punishment for Public Nuisance) can be taken	Bailable	Non-Cognizable	Magistrate

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IPC Section 268 FAQs

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