IPC Section 291
Section 291 IPC – Continuance of nuisance after injunction to discontinue
📜 Text of the Section:
"Whoever repeats or continues a public nuisance, having been enjoined by any public servant lawfully empowered to issue such injunction to desist from the same, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both."
🔍 Explanation of the Section:
✅ 1. Nature of the Offence:
Section 291 deals with situations where a person continues a public nuisance even after being ordered to stop by a legally empowered public authority.
So, the section only applies after:
A public nuisance has been committed, and
A lawful order or injunction has been issued directing the person to stop or not repeat the nuisance, and
The person ignores that direction and continues or repeats the nuisance.
✅ 2. What is a "Public Nuisance"?
As defined in Section 268 IPC, a public nuisance is an act or illegal omission which causes:
Common injury,
Danger or annoyance to the public or people in general who dwell or occupy property in the vicinity.
Examples:
Dumping garbage in a public place,
Loud noise at night affecting neighborhoods,
Letting sewage flow into a street.
✅ 3. Who can issue the injunction?
The injunction must come from a public servant, such as:
A Magistrate,
Police Officer,
Any other official empowered by law.
The injunction or order must be lawfully issued—not arbitrary or outside their legal authority.
⚖️ Punishment under Section 291 IPC:
Imprisonment: Up to 6 months, and/or
Fine: No fixed limit (discretion of the court),
Or both imprisonment and fine.
This makes it a punishable offence even without repeating the original nuisance, just for disobeying the lawful order.
💡 Example Scenario:
A person is playing loud music through the night in a residential area.
The police or Magistrate issues an order asking them to stop as it is disturbing the peace.
The person continues the activity even after the order.
That person can now be prosecuted under Section 291 IPC, in addition to Section 268 for the original nuisance.
📝 Key Points:
| Element | Description |
|---|---|
| Type of Offence | Continuing public nuisance after official warning |
| Who issues the injunction? | A public servant legally empowered |
| Maximum punishment | 6 months imprisonment or fine or both |
| Cognizable? | Generally non-cognizable |
| Bailable? | Yes |
| Triable by | Any Magistrate |
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