सेलिब्रिटी संदेश: सावधानी के साथ नए साल का जश्न मनाएं | Celebrate New Year With Caution
Offences affecting the public health, safety, convenience, decency, and morals
Defining ‘Public Nuisance’
New Year is a time to celebrate the season's blessings, but there is a caution, not to cause nuisance and obtructions to people peace and respect law. Public nuisance is a major issue in India. It can be caused by anything from illegal parking to noise pollution. Public nuisance is a crime that can be committed in any public place. It is the act of doing something that annoys or disturbs others in a public place without their consent.
In legal terms, the ‘public nuisance’ is defined as “a state of affairs which has the effect of, or is likely to have the effect of, causing injury, danger or annoyance to the public” (Indian Penal Code section 268). The law defines public nuisance as any act, omission, or occupation which causes inconvenience to the public or obstructs the public in the exercise of rights common to all, or tends to create a danger, annoyance or injury to the public, whether such act, omission or occupation is intentional or unintentional.
Public Nuisance is an offence under Section 188 of Indian Penal Code (IPC) and it can be punished with imprisonment for a term which may extend up to three months and with fine not exceeding two thousand rupees.
IPC Sections of Public nuisance
Section 268
According to Section 268 of the Indian Penal Code, public nuisance is a crime. An act is a crime under this section when someone engages in conduct that irritates the public, violates, or threatens to violate their rights in any of the following areas:
- Health
- Safety
- Morals,
- Convenience, and
- Public welfare
Punishment: A fine of up to 200 rupees may be imposed on anyone found guilty of causing a public nuisance (section 290 of IPC). If an injunction has been issued against the offender and he continues to do the nuisance conduct, he shall be punished with an imprisonment up to 6 months or a fine, or both (Section 291 of IPC).
Section 279 IPC - Negligent driving
This section makes it a crime to drive or ride recklessly on a public road in a way that endangers the lives of others. The offenders may be sentenced to a maximum of six months in prison, or a fine of Rs. 1000, or both.
Section 285 IPC - Ignitable material usage or explosive material usage
A violation of this provision is committed by anybody who, while in possession of a fire or other combustible material, acts hastily or carelessly in a way that could endanger human life or cause harm to another person. The offence carries a maximum penalty of 1000 rupees in fines, or six months in prison, or both.
Section 294 IPC - Foul songs singing or obscene song singing in public
If anybody irritates another person, whether specifically or generally, by engaging in any of the following behaviors:
- Engaging in any lewd behavior in a public place, or
- Singing, reciting, or uttering any lewd song, ballad, or lyrics in a public place.
According to this section, such a person is deemed to have committed a crime. For a person to be held accountable under this section, they must fulfil each of the aforementioned requirements.
Anyone found guilty of obscene acts or songs in violation of Section 294 of the IPC faces up to three months imprisonment, or fine, or both.
Section 290 IPC – Punishment for Public Nuisance in cases not specified otherwise
When your act causing nuisance is not specifically defined in the terms or provisions specifically provided, you may be charged for such acts, with fines ranging of 200 rupees. It’s non cognizable and bailable offence.
Footnotes
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