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 of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Simplified Explanation
Section 279 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with the offense of fouling the water of a public spring or reservoir. This section criminalizes the deliberate act of contaminating or polluting water sources that are meant to serve the public. Here’s a detailed breakdown of the section:
1. Fouling the Water of a Public Spring or Reservoir
- Voluntary Act: The offense involves a deliberate or intentional action where an individual intentionally corrupts or fouls the water. This means the person intentionally contaminates or pollutes the water of a public spring or reservoir.
- Public Spring or Reservoir: A public spring or reservoir refers to water sources that are used by the community for drinking, irrigation, or other public purposes. This could include wells, rivers, lakes, and artificial water reservoirs that provide water for general public use.
- Making the Water Less Fit for Use: The contamination of the water must result in the water becoming less fit for its ordinary use. For example:
- If the water is contaminated with chemicals, waste, or pollutants, making it unsafe for drinking or irrigation.
- If the water becomes unfit for bathing, cooking, or other daily uses due to the pollution.
2. Purpose of the Section
- Public Health and Safety: The purpose of Section 279 is to protect public health and the environment by penalizing individuals who intentionally pollute or contaminate water sources. Contaminating a public water source can have far-reaching consequences, including:
- Health risks: Polluted water can lead to the spread of diseases like cholera, dysentery, and other waterborne illnesses.
- Environmental Impact: Pollution can damage ecosystems, harm wildlife, and make the water unsuitable for agriculture or drinking.
- Preventing Environmental Harm: By criminalizing the act of polluting public water sources, this section seeks to prevent the harmful impact of contamination and preserve clean water for the community.
3. Punishable Acts
If an individual voluntarily corrupts or fouls the water of a public spring or reservoir, they may face the following penalties:
- Imprisonment: The individual may be imprisoned for up to six months. This reflects the seriousness of the offense, as fouling public water can significantly affect the community’s health and resources.
- Fine: The person may be fined up to five thousand rupees as a monetary penalty for the offense. The fine serves as a deterrent to prevent the contamination of public water sources.
- Both: The court may impose both imprisonment and a fine depending on the severity of the pollution and the harm caused.
4. Examples of Fouling Water
- Example 1: An individual knowingly dumps harmful chemicals or waste into a public river, rendering the water unfit for drinking and irrigation. This act would violate Section 279.
- Example 2: A factory releases untreated industrial waste into a public reservoir, making the water unsafe for consumption and agricultural use. The factory owner or responsible person could be punished under this section.
- Example 3: A person intentionally contaminates a community well with animal waste, making it hazardous for drinking and other daily uses. Such an action would also fall under this section.
5. Conclusion
Section 279 of the Bhartiya Nyaya Sanhita, 2023 criminalizes the deliberate contamination or pollution of public water sources such as springs or reservoirs. It is designed to protect public health, safeguard water resources, and prevent environmental harm caused by fouling the water. The section imposes penalties that include up to six months of imprisonment, a fine of up to five thousand rupees, or both. This provision underscores the importance of preserving clean water for the well-being of communities and the environment.
