Section 91 CPC: Public Nuisances and Wrongful Acts Affecting the Public

Section 91 of the Code of Civil Procedure, 1908 provides a civil remedy where a public nuisance or another wrongful act affects, or is likely to affect, the public. It permits specified persons to seek a declaration, injunction or other appropriate relief without requiring the applicants to prove individual special damage.

Text of Section 91 of the CPC

Source: India Code - Code of Civil Procedure, 1908 (official PDF). Check applicable State amendments and court rules.

Meaning of public nuisance

A public nuisance generally involves an act or unlawful omission that interferes with a right enjoyed by the public or causes common injury, danger, obstruction or annoyance. For example, obstruction of a public pathway or pollution affecting a community may raise questions of public nuisance, depending on the facts and applicable law.

Section 270 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines public nuisance in criminal law by reference to acts or illegal omissions causing common injury, danger or annoyance to the public, nearby inhabitants or users of a public right. This definition provides useful context but does not replace the separate civil requirements under Section 91 CPC. Read the official Bharatiya Nyaya Sanhita, 2023.

Who can file a suit under Section 91?

1. Advocate-General - Section 91(1)(a)

The Advocate-General is expressly empowered to bring a suit concerning a public nuisance or another wrongful act affecting or likely to affect the public. The provision does not impose the two-person leave requirement on a suit instituted by the Advocate-General.

2. Two or more persons - Section 91(1)(b)

At least two persons may bring a suit with the leave (permission) of the court. They need not show that they suffered damage different from or greater than the harm suffered by the public. The court must still consider whether the proposed proceedings fall within Section 91 and whether the requested relief is legally justified.

What remedies can the court grant?

Depending on the pleaded facts, evidence and applicable law, the court may consider:

• Declaration: a judicial determination of the parties' legal rights or the unlawfulness of the disputed conduct, where the legal requirements are met.
• Prohibitory injunction: an order restraining the continuation or threatened occurrence of wrongful conduct.
• Mandatory injunction: an order requiring corrective action where justified by the governing law.
• Other appropriate relief: relief supported by the circumstances and the court's jurisdiction.

Injunctions are also governed by the Specific Relief Act, 1963, including its provisions on preventive relief, and by applicable CPC rules on temporary injunctions. Section 91 does not guarantee any particular remedy merely because a suit has been filed.

Procedure for filing a Section 91 CPC suit

1. Identify the public wrong: describe the nuisance or wrongful act, the affected public and the existing or likely harm.
2. Collect supporting evidence: retain photographs, records, notices, complaints and other lawful evidence relevant to the alleged interference.
3. Determine standing: establish whether the suit will be instituted by the Advocate-General or by two or more persons seeking the court's leave.
4. Apply for leave where required: persons proceeding under Section 91(1)(b) must obtain permission from the competent court.
5. File the plaint: plead material facts, jurisdiction, cause of action and the relief sought in accordance with the CPC and applicable court rules.
6. Seek interim protection if necessary: a request for temporary relief must independently satisfy the applicable legal tests.

Jurisdiction, limitation, court fees, evidence and procedural requirements depend on the case and the applicable local law. Section 91 does not dispense with these requirements.

Section 91(2): Independent rights to sue

Sub-section (2) clarifies that Section 91 does not restrict a right of suit available independently under another legal provision or established cause of action. For example, a person alleging a distinct private legal injury may have an independent civil remedy, subject to the requirements of that claim. Such a suit is not automatically subject to the two-person requirement in Section 91(1)(b) merely because the conduct also affects the public.

Related legal provisions

• Section 92 CPC: suits relating to public charitable or religious trusts, a distinct statutory subject.
• Section 93 CPC: exercise of certain Advocate-General powers outside presidency towns.
• Order XXXIX CPC: temporary injunctions and interlocutory orders.
• Section 270 BNS: criminal-law definition of public nuisance, separate from the civil remedy in Section 91 CPC.

For the current central statutory text, consult the official CPC and the official BNS.

Frequently asked questions

Can one person file a suit under Section 91 CPC?

A suit under Section 91(1)(b) requires two or more persons and leave of the court. However, Section 91(2) preserves any independent right of an individual to sue under other applicable law.

Must the plaintiffs prove special damage?

No. The two or more persons proceeding with court leave under Section 91(1)(b) need not establish special damage to themselves arising from the public wrong.

Can Section 91 be used to prevent a threatened nuisance?

Yes. The section expressly covers wrongful acts affecting or likely to affect the public. Whether an injunction is granted depends on the evidence and applicable legal standards.

Is Section 91 CPC a criminal punishment provision?

No. Section 91 CPC governs civil suits and remedies. Criminal provisions concerning public nuisance are dealt with separately under applicable criminal law.

Last reviewed: 11 October 2026. This article provides general legal information, not case-specific legal advice.