Indian criminal law | IPC 268 and BNS 270
IPC Section 268: Public Nuisance - Definition, Punishment and Current BNS Law
Section 268 of the Indian Penal Code, 1860 (IPC) defined public nuisance: conduct or an unlawful failure to act that causes common injury, danger or annoyance to the public, or interferes with the exercise of a public right. Since 1 July 2024, the corresponding definition is in Section 270 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The definition is distinct from the provisions prescribing punishment.
Former definition: IPC Section 268. Current definition: BNS Section 270. General punishment: BNS Section 292, fine up to Rs 1,000 where no other BNS punishment applies. Continuing nuisance after a lawful injunction: BNS Section 293, simple imprisonment up to six months, or fine up to Rs 5,000, or both.
What is public nuisance under IPC Section 268?
The former provision states that a person commits a public nuisance by doing an act or being guilty of an illegal omission that causes common injury, danger or annoyance to the public or people generally living or occupying property nearby, or that necessarily causes injury, obstruction, danger or annoyance to persons exercising a public right.
It also expressly provides that a common nuisance is not excused merely because it creates some convenience or advantage. A claimed benefit to some people does not automatically justify harm or obstruction to the public.
Current law: BNS Section 270 - public nuisance
Section 270 of the Bharatiya Nyaya Sanhita, 2023 substantially retains the IPC definition. In substance, it covers an act or illegal omission causing common injury, danger or annoyance to the public, nearby residents or occupiers, or persons entitled to exercise a public right. The provision again makes clear that some convenience or advantage does not excuse the nuisance.
Important distinction: Section 270 is the definition of public nuisance. It does not, by itself, state the general fine or imprisonment. For punishment, read the relevant penal provision, including BNS Sections 292 and 293, or a more specific applicable law.
Essential elements of public nuisance
- Act or illegal omission: there must be conduct, or a failure to perform an act legally required.
- Public or common effect: the injury, danger, obstruction or annoyance must affect the public, a section of the public, nearby people generally, or persons exercising a public right; a purely private disagreement is not automatically public nuisance.
- Relevant harm: the effect may involve injury, danger, annoyance or interference with public passage or other public rights, depending on the statutory limb.
- No automatic convenience defence: an incidental benefit to some persons does not by itself excuse the common nuisance.
What is the punishment for public nuisance?
| Provision | When it applies | Penalty |
|---|---|---|
| IPC Section 268 / BNS Section 270 | Definition of public nuisance | No standalone penalty in the definition |
| IPC Section 290 (former) | Public nuisance not otherwise punishable under the IPC | Fine up to Rs 200 |
| BNS Section 292 (current) | Public nuisance not otherwise punishable under the BNS | Fine up to Rs 1,000 |
| IPC Section 291 (former) | Continuing or repeating nuisance after lawful injunction | Simple imprisonment up to six months, or fine, or both |
| BNS Section 293 (current) | Continuing or repeating nuisance after an injunction from a legally authorised public servant | Simple imprisonment up to six months, or fine up to Rs 5,000, or both |
Specific conduct may be governed by other criminal provisions, municipal legislation, pollution-control law, traffic rules or local regulations. The appropriate offence and procedure depend on the facts and the law applicable in the jurisdiction.
Examples of public nuisance
Blocking a public road or footpath
Unauthorised structures, materials or activities that obstruct a public road may interfere with a public right of passage. Whether the elements of the offence are established depends on the circumstances and any lawful permissions.
Dangerous waste or smoke affecting a neighbourhood
Improper disposal of waste, emissions or other dangerous activities affecting residents generally may amount to public nuisance and may also attract specialised environmental or municipal rules.
Persistent noise affecting the public
Noise that materially disturbs a neighbourhood can raise public nuisance issues. Applicable noise-control regulations and local permissions must also be considered; not every isolated inconvenience is necessarily a criminal public nuisance.
Public nuisance compared with private nuisance
Public nuisance concerns the public, a community or the exercise of a public right. Private nuisance ordinarily concerns interference with an individual's use or enjoyment of land and may support a civil remedy. The same conduct can, in appropriate circumstances, raise both kinds of issue, but the legal requirements and remedies are different.
What remedies may be available?
Depending on the circumstances, a person affected may complain to the relevant local authority, police or pollution-control body. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains procedures concerning conditional orders for removal of nuisance, including Section 152; compliance and enforcement depend on the statutory conditions. Civil relief or proceedings under specialist legislation may also be available.
A complaint should identify the location, conduct, dates, affected public rights and available evidence. The correct authority and legal route depend on whether the problem involves public land, pollution, traffic, sanitation, noise or another subject.
Frequently asked questions
Which BNS section replaces IPC Section 268?
BNS Section 270 is the corresponding public nuisance definition effective from 1 July 2024.
Does BNS Section 270 prescribe imprisonment?
No. Section 270 defines public nuisance. BNS Section 292 provides a general fine of up to Rs 1,000 where the nuisance is not otherwise punishable under the BNS. Section 293 provides a different penalty for continuing nuisance after a lawful injunction.
Can a nuisance be justified because some people benefit?
Not solely on that basis. The statutory definition expressly says a common nuisance is not excused because it causes some convenience or advantage.
Is every disturbance a public nuisance?
No. The statutory requirement of a common or public effect, or interference with a public right, must be satisfied. An individual inconvenience without those features may require a different legal analysis.
Does the IPC still apply to old incidents?
The IPC was repealed on commencement of the BNS on 1 July 2024, subject to the repeal-and-savings provision in BNS Section 358. Conduct before commencement must be evaluated under the applicable law and savings rules.
Official statutes and related articles
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 270, 292, 293 and 358).
- India Code - Government of India legislation portal (IPC, BNS and BNSS).
- IPC Section 269 - Negligent act spreading dangerous infection.
- IPC Section 270 - Malignant act spreading dangerous infection.
- Indian Penal Code - Sections and punishments.
Last reviewed: 30 October 2026. This article provides general legal information; check the current official legislation and relevant local rules before taking action.