Chapter XIV consists of sections 268 to 294A deals with offences pertaining to public nuisance, which includes offences affecting the Public Health, Safety, Convenience, Decency and Morals.
(1) PUBLIC NUISANCE
(1.1) DEFINITION OF PUBLIC NUISANCE
Section 268 defines the term ‘public nuisance’ by saying that a person is guilty of a public nuisance who does not 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.
(1.2) KINDS OF NUISANCE
Nuisances are of two kinds, i.e. (i) Public; and (ii) Private. ‘Public nuisance’ or ‘common nuisance’ as defined in section 268 of IPC is an offence against the public either by doing a thing which tends to the annoyance of the whole community in general or by neglecting to do anything which the common good requires. It is an act or 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. “Private nuisance” on the other hand, affects some individuals as distinguished from the public at large.
(1.3) REMEDIES FOR PUBLIC NUISANCE
The remedies are of two kinds – civil and criminal. The remedies under the civil law are of two kinds. One is under Section 91 of CPC. Under it a suit lies and the plaintiffs need not prove that they have sustained any special damage. The second remedy is a suit by a private individual for a special damage suffered by him.
There are three remedies under the criminal law. The first relates to the prosecution under Chapter XIV of IPC. The second provides for summary proceedings under Sections 133 to 144 of the CR.P.C, and the third relates to remedies under special or local laws.
This chapter defines specific acts or omissions of a person which affects the public at large as a nuisance. Section 290 prescribed punishment (Rs. 200) for a nuisance which comes in the definitions of section 268 and do not fall in specific public nuisances defined under sections 269 to 289.
Section 291 prescribed punishment for a person continuing the nuisance even after injunction to discontinue has been passed by authority. It says that 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 up to six months and/or fine.
(1.4) OFFENCES OF PUBLIC NUISANCE
Section 269 to section 289 deals specific public nuisances which are declared as offences under IPC. We may discussed under the following sub-heads-
(a) Offences affecting the public health
- Spreading infection of dangerous disease (269-271)
- Adulterous or noxious food or drink or drugs (272-276)
- Polluting water or air (277-278)
(b) Offences affecting convenience and safety
- Rash driving or false navigation (279-283)
- Negligent conduct with dangerous substance (284- 289)
(c) Offences affecting to the decency and morals (292-294A)
(2) OFFENCES AFFECTING THE PUBLIC HEALTH
(2.1) SPREADING INFECTION OF DANGEROUS DISEASE
Offences under section 269 and section 270 go in hand to hand with one word substitution i.e. negligent (neglectful or careless act) with malignant (hateful or malicious act). Both the sections punishes act which likely to spread infection of disease dangerous to life, the difference is only of intention. Another difference is of punishment – for negligent act is punishable with imprisonment up to six months and/or with fine under section 269, whereas malignant act is punishable with imprisonment up to two years and/or fine under section 270.
Spreading of infection by HIV : The Supreme Court held that these two Sections spell out two separate and distinct offences by providing that if a person, negligently or unlawfully, does an act which he knew was likely to spread the infection of a disease, dangerous to life, to another person, then, the former would be guilty of an offence, punishable with imprisonment for the term indicated therein. Therefore, if a person suffering from the dreadful disease “AIDS”, knowingly marries a woman and thereby transmits infection to that woman, he would be guilty of offences indicated in Sections 269 and 270 of IPC.[1]
“AIDS” is the product of indiscipline sexual impulse. This impulse, being the notorious human failing if not disciplined, can afflict and overtake anyone how high so ever or, for that matter, how low he may be in the social strata. But, “sex” with them or possibility thereof has to be avoided as otherwise they would infect and communicate the dreadful disease to others. The Court cannot assist that person to achieve that object.
(2.2) DISOBEDIENCE TO QUARANTINE RULE
According to section 271 whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine (isolation), or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment up to six months and/or fine.
Whenever there is any medical possibility of spreading any disease from one country to another or one state to another and the government has declared prohibition on entrance of such infected person and he knowingly disobey that rule is punishable under this section.
(2.3) ADULTEROUS OR NOXIOUS FOOD OR DRINK OR DRUGS
Sections 272 to 277 deal with malice acts of a person with food or drink. Besides, we have Prevention of Food Adulteration Act, 1954. The Act punishes the offender with minimum imprisonment of three months and maximum of three years and fine.
(a) ADULTERATION OF FOOD OR DRINK INTENDED FOR SALE
According to section 272 whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is an offence under this section.
In order to establish that an offence under Section 272 has been committed, the prosecution has to prove that the article involved was food or drink meant to be consumed by live persons, that the accused adulterated it, that such adulteration rendered it noxious as food or drink, and that the accused at the time of such adulteration intended to sell such article as food or drink, or knew it to be likely that such article would be sold as food or drink. Now noxious rendering is making it poisonous or harmful or both. As is plain the offence is complete on introduction of the adulterant in the food or drink, provided it is meant for the purposes of sale, actual or likely.[2]
Mixing of water with milk or ghee with vegetable oil is not an offence punishable under this section, as it is mere adulteration with harmless ingredients for the purpose of getting more profit. The expression “noxious as food” means unwholesome as food or injurious to health and not repugnant to one’s feelings.
(b) SALE OF NOXIOUS FOOD OR DRINK
According to section 273 whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, is an offence under this section.
Selling of wheat containing a large admixture of extraneous matter, such as dirt, wood matches charcoal extra is not constituting offence under this section but it has to be proved that by mixing of an article it becomes noxious food or drink. Selling of adulterous liquor comes under this section.
(c) ADULTERATION OF DRUGS
According to section 274 whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, is an offence under this section.
(d) SALE OF ADULTERATED DRUGS
According to section 275 whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, is an offence under this section.
(e) SALE OF DRUG AS A DIFFERENT DRUG OR PREPARATION
According to section 276 whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, is an offence under this section.
Punishment : Offender under section 272 to section 276 shall be punished with imprisonment up to six months, or with fine which may extend to one thousand rupees, or with both.
(2.3) POLLUTING WATER OR AIR
(a) Fouling water of public spring or reservoir.- According to section 277 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 up to three months, or with fine which may extend to five hundred rupees, or with both.
There are two elements : (i) a person voluntarily corrupts or fouls the water of any public spring or reservoir, (ii) such corrupt or foul renders it less fit for the purpose for which it is ordinarily used.
The words ‘corrupts or fouls’ means some act which physically defiles or fouls the water. Thus the act of a woman of a lower caste taking water from the public cistern does not amount to corrupting or fouling. But bathing in a tank fouls the drinking water.
(b) Making atmosphere noxious to health.- According to section 278 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 neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.
The elements of the offence are : (i) The person voluntarily vitiates the atmosphere in any place (ii) such vitiation makes it noxious to the health of persons in vicinity or passing along a public way.
Presently, this offence is covered by the Environment (Protection) Act, 1986. Section 15 of the Act empowers the court to punish the offender up to 5 years’ imprisonment and/ fine up to one lakh rupees.
(3) OFFENCES AFFECTING CONVENIENCE AND SAFETY
(3.1) RASH DRIVING OR FALSE NAVIGATION
(a) Rash driving or riding on a public way : According to section 279 whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment up to six months, or with fine which may extend to one thousand rupees, or with both.
This section requires two things : (i) driving of a vehicle or riding on public ways, and (ii) such driving or riding must be so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person.
A rash act is primarily an overhasty and it thus opposed to a deliberate act, but it also includes an act which, though it may be said to be deliberate, is yet done without due deliberation and caution. In rashness the criminality lies in running the risk of doing an act with reckless or indifference to consequences.
Criminal meaning of rash or negligent act, accused driving truck with defective brakes due to tiredness dozed off and collided with the tree one occupant died and another injured in the mishap held, accused is guilty of offence under Section 304A as he was driving the defective truck from evening to midnight without even being rested.[3]
Where a tractor driver was driving the tractor at the speed of six miles per hour at night and a man who was sitting on it in a careless fashion unmindful of bumps and jolts fell down and died. It was held that the driver was not guilty of any rash or negligent act within the meaning of section 279.
(b) Rash navigation of vessel : According to section 280 whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(c) Exhibition of false light, mark or buoy : According to section 281 whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(d) Conveying person by water for hire in unsafe or overloaded vessel : According to section 282 whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or as loaded as to endanger the life of that person , shall be punished with imprisonment or either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
The Calcutta High Court observed that 23 witnesses had been examined who proved that vehicle was driven in high speed when it was moving on zigzag road, conviction under sections 279, 282, 304A and 338 of IPC is valid.[4]
(e) Danger or obstruction in public way or line of navigation : According to section 283 whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.
Where a person having a house in a street exhibited effigies at his windows, and thereby attracted a crowd to look at them, which caused the footway to be obstructed, so that the public could not pass as they were entitled to do, it was held that he was guilty of nuisance.
(3.2) NEGLIGENT CONDUCT WITH DANGEROUS SUBSTANCE
Negligent conduct with respect to poisonous substance is an offence under section 284 and negligent conduct with respect to fire or combustible matter is an offence under section 285. On the other hand, negligent conduct with respect to explosive substance is an offence under section 286, whereas negligent conduct with respect to machinery is an offence under section 287.
Offences under sections 284 to 287 are similar nature of offences but differ in dealing with substances rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person. The comparative study of these four offences may be described as follows –
| Substance | act of the parties | or |
| Negligent conduct with respect to – | Whoever does, with – | knowingly or negligently omits to take such order with any – |
| poisonous substance [S.284] | any poisonous substance, any act in a manner so rash or negligent – as to endanger human life, or to be likely to cause hurt or injury to any person | poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance. |
| fire or combustible matter [S.285] | fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, | fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter. |
| explosive substance [S.286] | any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, | explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance. |
| machinery [287] | any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, | machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery. |
Punishment : All four offences are punishable with imprisonment for six months /fine Rs. 1000 or both.
(3.3) NEGLIGENT CONDUCT WITH RESPECT TO BUILDING OR ANIMAL
Negligent conduct with respect to pulling down or repairing buildings : According to section 288 whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, is punishable under this section.
Negligent conduct with respect to animal : According to section 289 whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, is punishable under this section.
Punishment : The offender of sections 288 or 289 is punishable with imprisonment for six months /fine Rs. 1000 or both.
(4) OFFENCES AFFECTING TO THE DECENCY AND MORALS
Sections 292 to 294 deal with offences affecting to the decency and morals. Section 292 prohibits sale of obscene published materials and section 293 prohibits sale of obscene materials to young person whereas section 294 prohibits doing of obscene act and singing of obscene songs.
(4.1) SALE OF PRINTED OBSCENE MATERIAL
Obscene printed material : A book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, is an obscene if it is lascivious or appeals to the indecent interest is an obscene material. If reading, hearing or seeing of such material degrade some person or it is immoral is also an obscene material.
Following acts of the obscene material is an offence under section 292 (2) and punishable with imprisonment up to two years and fine up to Rs. 2000 and subsequent conviction is punishable with imprisonment up to five years with fine up to Rs. 5000.
(a) Whoever sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) Whoever imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or
(c) Whoever takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
(d) Whoever advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or
(e) Whoever offers or attempts to do any act which is an offence under this section,
Exceptions.- This section does not extend to—
(a) Any book, pamphlet, paper, writing, drawing, painting, representation or figure—
(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art of learning or other objects of general concern, or
(ii) Which is kept or used bona fide for religious purposes;
(b) Any representation sculptured, engraved, painted or otherwise represented on or in—
(i) Any ancient monument within the meaning or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or
(ii) Any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
(4.2) SALE OF PRINTED OBSCENE OBJECTS TO YOUNG PERSON
Section 293 prohibits sale of obscene objects to young person under the age of twenty years. It says that whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished on first conviction with imprisonment up to three years, and with fine up to Rs. 2000, and, in the event of a second or subsequent conviction, with imprisonment up to seven years, and also with fine up to Rs. 5000.
(4.3) OBSCENE ACTS AND SONGS
According to section 294, whoever, to the annoyance of others (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, balled or words, in or near any public place, shall be punished with imprisonment up to three months and/or fine. (Discussed in detail under sexual intended offence).
Note : Keeping lottery offence is an offence under section 295A. In Gujarat this section has been repealed Vide Bombay Act No. 82 of 1958.
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[1] Mr ‘X’ v. Hospital ‘Z’, (1998) 8 SCC 296 : AIR 1999 SC 495; see also Mr. X v. Hospital Z, AIR 2003 SC 664 : (2003) 1 SCC 500.
[2] Joseph Kurian Philip Jose v. State of Kerala, (1994) 6 SCC 535 : AIR 1995 SC 4.
[3] Shiva Ram v. The State, AIR 1965 All 196, 1965 CriLJ 524.
[4] T. Gurumurthy v. State of W.B., 2004 (2) CHN 91.