Section 279 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported explanation of Section 279 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which falls under Chapter XV – Offences Affecting Public Health, Safety, Convenience, Decency and Morals:
💧 Section 279 – Fouling Water of Public Spring or Reservoir
🛠️ Offence Description
This section addresses the act of voluntarily fouling or corrupting the water of any public spring or reservoir in a way that renders it less fit for its ordinary use—typically for drinking, bathing, or other communal purposes. (sudhirrao.com)
🧾 Key Elements
Voluntary act: The action must be deliberate—not accidental.
Public water source: The offence must involve a community-accessible source, such as a well, spring, or tank.
Rendering unfit: The water must be made impure or harmful for ordinary communal use.
Knowledge implied: Even if not explicitly mentioned, the act must be conscious enough to foresee the resulting contamination.
⚖️ Punishment
Imprisonment (simple or rigorous) up to 6 months,
And/or a fine of up to ₹5,000,
Or both, depending on the gravity of the act. (
🌐 Context & Comparison
This provision replaces and mirrors Section 277 of the Indian Penal Code (IPC), which also penalized fouling public water sources.
It's part of a broader spectrum of public safety offences, including:
Section 278: Making the air noxious,
Section 281: Rash driving/riding,
And others in Chapter XV targeting environmental and public health harms.
📚 Example Scenario
A person dumps waste matter or other contaminant into a village well used for drinking. Since the act is voluntary and diminishes the well’s usability, it qualifies as an offence under Section 279, attracting legal consequences of imprisonment and/or fine.
📋 Summary Table
| Element | Detail |
|---|---|
| Offence | Voluntarily fouling a public water source |
| Key requirement | Must render water unfit for ordinary use |
| Punishment | ≤ 6 months’ imprisonment, ≤ ₹5,000 fine, or both |
| Legal context | Mirrors IPC Sec 277; part of public health/safety chapter |
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