A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right . A common nuisance is not excused on the ground that it causes some convenience or advantage.
IPC Section 268: Simplified Explanation
IPC Section 268 of the Indian Penal Code (IPC) defines public nuisance as an act or omission that causes significant injury, danger, or annoyance to the public or the people in general who dwell or occupy property in the vicinity. This is not a trivial matter, as it encompasses any act that significantly affects the public or the community, not just specific individuals.
Key Elements:
Act or Omission: The section covers actions taken and failure to act.
Common Injury or Annoyance: The nuisance must affect the public or the community as a whole, not just a private individual.
Vicinity Impact: It must impact those near where the act or omission occurs.
Examples of public nuisance can include blocking public roads, polluting water sources, and emitting harmful substances into the air.
Is IPC Section 268 bailable?
IPC Section 268 deals with a non-cognisable-cognisablenon-cognizable-cognisable offence, which is generally not bailable. In legal terms, a non-cognisable-cognisablenon-cognizable-cognisable offence is one where a police officer cannot arrest without a warrant and requires the permission of a magistrate to investigate.
IPC Section 268 Punishment
The section does not explicitly state the punishment for a public nuisance under Section 268. However, it is crucial to note that it is typically addressed through the relevant provisions of the Criminal Procedure Code (CrPC) or specific public health and safety laws that impose fines or corrective measures to abate the nuisance. This underscores the legal implications and seriousness of such offences.
In most cases, the penalty involves:
Fines: Monetary penalties that the offending party must pay.
Abatement Orders: Orders from the court to remove or rectify the nuisance.
It’s important to understand that if public nuisance acts lead to a specific, defined offence under another section of the IPC or any other law, the consequences may be more severe. This could include imprisonment or higher fines, underscoring the need for caution and adherence to the law.
Example of IPC Section 268
A factory in a residential area releases toxic fumes that cause respiratory problems for the residents. Despite repeated complaints, the factory fails to install proper emission control systems. The continuous release of toxic fumes constitutes a public nuisance under Section 268 of the IPC, as it affects the health and safety of the community at large.
In this scenario, the local authorities or affected residents can approach the court to take action against the factory. The court may fine the factory and issue an order to abate the nuisance by implementing proper emission controls.
