IPC Section 268
IPC Section 268 – Public Nuisance
Text of Section 268 (simplified):
"A person is guilty of a public nuisance if they do anything or omit to do anything, which causes injury, danger, or annoyance to the public or to people in general, and thereby endangers human health, safety, or comfort."
Detailed Explanation
Nature of Offense:
Section 268 deals with public nuisance, which is an act or omission affecting the general public.
It focuses on harm or inconvenience to society rather than to a specific individual.
Who Can Be Liable:
Any person who:
Does something (act), or
Fails to do something (omission),
that causes danger, injury, or annoyance to the public or a community.
Elements of Public Nuisance:
To constitute an offense under Section 268, the following must be present:
Act or omission: Something must be done or neglected.
Public effect: The act must affect public rights, health, safety, or comfort.
Unlawfulness: The act must be unlawful or against public law, not a mere private inconvenience.
Examples of Public Nuisance
Blocking a public road or pathway.
Polluting water sources used by the community.
Keeping dangerous animals in public areas.
Excessive noise affecting the neighborhood.
Punishment:
Punishable with imprisonment up to 6 months, or
Fine up to ₹200, or
Both.
Key Points to Remember
Public nuisance affects society at large, not just an individual.
It can arise from acts or omissions.
Closely related to Sections 272 (adulteration of food), 278 (making atmosphere noxious), and 290 (public nuisance causing minor annoyance).
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