Section 280 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 280 of the Bharatiya Nyaya Sanhita (BNS), 2023 — found in Chapter XV: Offences affecting public health, safety, convenience, decency and morals:
📜 Section 280 – Making Atmosphere Noxious to Health
Offence Defined:
“Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way…” (kanoongpt.in)
⚖️ Punishment
Fine: Up to ₹1,000. (myjudix.com)
No imprisonment specified.
🛡️ Legal & Procedural Aspects
Cognizability: Non‑cognizable — police cannot arrest without a warrant. (myjudix.com, lawrato.com)
Bailability: Bailable — the accused may obtain bail as a matter of right.
Triable By: Any Magistrate — standard for offences under this chapter. (lawrato.com)
🧭 Context & Significance
This offence updates and replaces the IPC’s similar provision (formerly IPC Section 278) under the new BNS framework.
The fine has been increased from ₹500 to ₹1,000, reflecting heightened public-health concerns .
It addresses environmental and public-health hazards—like burning waste or emitting pollutants in public spaces—and holds individuals or entities accountable even without causing direct bodily harm.
✅ Summary Table
| Feature | Detail |
|---|---|
| Offence | Vitiating atmosphere knowingly |
| Punishment | Fine up to ₹1,000 |
| Cognizable | No |
| Bailable | Yes |
| Triable by | Any Magistrate |
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