Public nuisance is a significant concept in tort law and criminal law, affecting the rights of the public or a community at large. It is governed primarily under the Indian Penal Code, 1860 and Civil Law of Torts. Public nuisance arises when an act or omission affects the general public or a section of it by causing inconvenience, annoyance, or damage to public health, safety, or morals.
Meaning of Public Nuisance
- Public nuisance refers to any unlawful act or omission that causes common injury, danger, or annoyance to the public or to the people living in a locality.
- It is distinct from private nuisance, which affects an individual or specific property owner.
Legal Provisions Related to Public Nuisance
Section 268 of the Indian Penal Code, 1860
- Defines public nuisance as an act or omission that causes any common injury, danger, or annoyance to the public, or people in general who dwell or occupy property in the vicinity.
- The act must affect public rights, not merely private rights.
Other Relevant Sections of IPC
- Section 269 – Negligent act likely to spread infection of disease.
- Section 270 – Malignant act likely to spread infection of disease.
- Section 278 – Making atmosphere noxious to health.
- Section 290 – Punishment for public nuisance in cases not otherwise provided for.
- Section 291 – Continuance of nuisance after injunction.
Code of Criminal Procedure (CrPC), 1973
- Section 133 CrPC empowers the magistrate to issue a conditional order for removal of public nuisance.
- It provides summary relief and an effective administrative mechanism to abate nuisance.
Key Elements of Public Nuisance
- The act must affect the public or a considerable number of people.
- It must be illegal or unlawful.
- It causes inconvenience, discomfort, danger, or damage to public health, safety, morals, or property.
- The injury must not be confined to an individual, but common to the public.
Case Laws on Public Nuisance
Govind Singh v. Shanti Swarup (AIR 1979 All 225)
- The court held that when a nuisance affects the community at large, even if no personal injury is caused, it constitutes public nuisance.
Municipal Council, Ratlam v. Vardhichand (AIR 1980 SC 1622)
- A landmark case where the Supreme Court directed the municipality to take immediate steps to abate open drain nuisance, recognizing the right to clean environment as part of public rights.
Examples of Public Nuisance
- Obstruction of public roads and footpaths.
- Polluting water bodies or air.
- Illegal constructions blocking drains or pathways.
- Loudspeakers or noise pollution during odd hours.
- Public urination or dumping garbage in public areas.
- Running a hazardous factory near residential areas.
Remedies for Public Nuisance
Criminal Remedies
- Prosecution under Section 268 to 294 IPC.
- Magistrate’s intervention under Section 133 CrPC for immediate abatement.
Civil Remedies
- Injunctions through civil courts to stop continuation.
- Damages can be claimed if individual suffers special injury (different from what the public suffers).
Administrative Action
- Municipal or local authorities can issue fines or take action to remove nuisance.
Difference between Public and Private Nuisance
| Public Nuisance | Private Nuisance |
|---|---|
| Affects public or community at large | Affects an individual or specific property |
| Governed by IPC and CrPC | Falls under civil law and tort law |
| Magistrate can act suo motu under CrPC | Requires a personal legal suit |
| Examples: pollution, traffic blockage | Examples: water leakage, loud neighbor |