Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment 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 293 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the continuation of a public nuisance after an injunction has been issued by a public servant. Here’s a detailed explanation of this section:
1. Key Concept: Public Nuisance
- Public nuisance refers to any act or behavior that causes harm to the public or obstructs the public’s right to live peacefully, safely, or with good health. This can include things like environmental damage, public disturbances, or unsafe conditions in public spaces.
2. Injunction Issued by Public Servant
- Injunction: An injunction is a legal order or command issued by a public servant or authority, directing someone to stop or refrain from certain actions.
- Public Servant with Lawful Authority: A public servant with the lawful authority to issue such orders may include police officers, municipal officers, or other government officials empowered to maintain public order.
- Issuing the Injunction: The public servant must have issued a specific order instructing the person to discontinue the nuisance or cease the disruptive activity causing harm or danger to the public.
3. Punishment for Violating the Injunction
- If a person continues or repeats the public nuisance after being explicitly ordered to stop by a public servant, they are committing an offense.
- The person can be punished with:
- Simple imprisonment: A term that may extend up to six months.
- Fine: A fine of up to five thousand rupees.
- Both: Both imprisonment and fine can be imposed, depending on the circumstances of the offense.
4. Purpose of Section 293
This section seeks to deter individuals from ignoring legal orders issued by public authorities to stop activities that cause harm to the public. The law recognizes the importance of:
- Ensuring that public servants have the authority to enforce their orders to maintain public peace and safety.
- Penalizing individuals who continue to cause public nuisances even after being ordered to stop, as this disregards the authority of the state and the well-being of the community.
5. Examples of Offenses Under Section 293
Here are some hypothetical examples where Section 293 might apply:
- Example 1: A person is repeatedly playing loud music late at night in a residential area, disturbing the peace of the neighborhood. A police officer issues an injunction to stop the noise. If the person continues the activity despite the order, they could be punished under Section 293.
- Example 2: A shopkeeper is illegally dumping waste in a public space. After being instructed by a municipal officer to stop, the shopkeeper continues dumping waste in the same area. The shopkeeper can be punished under Section 293 for continuing the nuisance after the injunction.
- Example 3: A construction company is creating dangerous conditions by failing to secure the construction site properly, posing a risk to passersby. A local authority issues an injunction to stop the unsafe practices. If the company continues the unsafe actions, it could face punishment under this section.
6. Conclusion
Section 293 is aimed at holding individuals accountable who ignore lawful orders issued by public authorities to discontinue a public nuisance. The section ensures that those who continue or repeat harmful activities after being instructed to stop face penalties, which can include imprisonment of up to six months, a fine of up to five thousand rupees, or both. This provision reinforces the importance of compliance with legal orders and helps maintain public safety and order.
