| Q.1- | Define public nuisance? |
| Ans.- | ‘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. |
| Q.2- | What are the civil liabilities for public nuisance? |
| Ans.- | 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. |
| Q.3- | What are the criminal liabilities for public nuisance? |
| Ans.- | 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. |
| Q.4- | What do you means by negligent act under section 269 and malignant act under section 270? |
| Ans.- | Negligent means a neglectful or careless act and malignant means a hateful or malicious act. There is deference between intentions under both the sections. |
| Q.5- | If a person suffering from AIDS and hides it at the time of marriage. Whether he has committed any offence? |
| Ans.- | Yes. He has committed offences under sections 269 and 270. 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. |
| Q.6- | Whether mixing of water in milk or oil in ghee is an offence under section 272? |
| Ans.- | No. 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. |
| Q.7- | Whether mixing of like such as dirt or wooden piece is an offence? |
| Ans.- | No. It is not an offence. 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. |
| Q.8- | What is offence of corrupting or fouling water? |
| Ans.- | 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. |
| Q.9- | What are the elements of making atmosphere noxious to health u/s. 278 |
| Ans.- | 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. |
| Q.10 | What is offence of rash driving or riding on a public way u/s. 279? |
| Ans.- | 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. |
| Q.11 | What is obscene printed material? |
| Ans.- | 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. |
| Q.12 | What is offence of obscene acts and songs under section 294? |
| Ans.- | 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 is an offence. |