Section 278: Making atmosphere noxious to health

Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

IPC Section 278: Simplified Explanation 

IPC Section 278 of the Indian Penal Code (IPC) deals with the offence of making the atmosphere harmful to health. This section addresses actions that result in air pollution, which can adversely affect public health. It aims to protect the environment and public health from activities that release harmful substances into the air, making breathing dangerous or unpleasant. 

According to IPC Section 278, the offence is committed if a person voluntarily vitiates the atmosphere in any place to make it harmful to the health of persons in general dwelling, carrying on business in the neighbourhood, or passing along a public way. This includes any act that leads to air pollution, causing harm or discomfort to the people in the vicinity. 

Is IPC Section 278 bailable? 

Yes, IPC Section 278 is a bailable offence. 

IPC Section 278 Punishment 

Under IPC Section 278, the punishment for making the atmosphere noxious to health is simple imprisonment for a term of three months, or a fine of five hundred rupees, or both. 

Example of IPC Section 278 

A factory owner in a residential area operates machinery that emits thick, toxic smoke into the surrounding environment. The smoke contains harmful chemicals that cause respiratory issues among nearby residents. The affected residents filed complaints, and upon investigation, it was found that the factory owner was aware of the harmful emissions but did not take any measures to control them. The factory owner is then charged under IPC Section 278 for making the atmosphere detrimental to health, resulting in legal action and punishment as prescribed.

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