IPC Section 290
⚖️ Full Text of IPC Section 290:
“Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.”
✅ Key Elements of Section 290:
Nature of Offence:
It is a general provision for public nuisance, applicable only when the nuisance is not covered under any other specific section of the IPC.
Punishment:
Fine up to ₹200 (as per the original statute; this amount may be outdated in practical enforcement, and courts sometimes apply updated fines based on local laws or amendments).
No Imprisonment:
Only a monetary fine, no provision for jail under this section.
🧩 What is a Public Nuisance?
The term "public nuisance" is defined under Section 268 of the IPC. A public nuisance is an act or omission that causes:
Common injury
Danger
Annoyance
to the public or to people in general who dwell or occupy property in the vicinity.
It could include:
Obstructing a public road
Polluting a water source
Loud noises at night in residential areas
Keeping hazardous materials in public areas
Letting animals roam free in a way that endangers or inconveniences people
⚠️ When is Section 290 Applicable?
Section 290 is like a fallback provision. It applies when:
A person commits a public nuisance
But there’s no specific punishment given in another section of the IPC for that particular act
For example:
If someone burns garbage on a public road, creating smoke that chokes passersby — and this act doesn’t fall under any specific penal provision — then Section 290 may apply.
📌 Examples:
Scenario 1:
A person dumps waste in a public park, creating a foul smell.
No injury or assault is involved.
No specific IPC section covers this.
Section 290 can be used.
Scenario 2:
A factory emits toxic fumes harming public health.
If other environmental or IPC laws apply, those will be used instead of 290.
If not, and it’s just general nuisance, then 290 can be used.
📝 Important Points:
It’s a petty offence, often dealt with by local magistrates.
Usually, it doesn’t lead to criminal records unless tied with repeated offenses.
It's a bailable, non-cognizable, and triable by any magistrate.
📚 Related Sections:
Section 268 – Defines "public nuisance"
Section 291 – Punishment for continuing a public nuisance even after a court order to stop
Section 133 of CrPC – Gives magistrates powers to remove public nuisances
✅ In Summary:
| Element | Details |
|---|---|
| Section | IPC 290 |
| Offence | Public nuisance (not otherwise covered) |
| Punishment | Fine up to ₹200 |
| Imprisonment | No |
| Cognizable? | No |
| Bailable? | Yes |
| Triable by | Any Magistrate |
RELATED Blog
0 comments