BNS Section 270: Public Nuisance

Definition of BNS Section 270

Section 270 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage.

Explanation and Illustration of BNS Section 270

This section defines the meaning of public nuisance for the purposes of Chapter XV. It is applicable to any act or omission within the sovereign borders of India, whether by a citizen, resident or otherwise. Let us break down the section to get a better understanding of it.

Offence

While the word ‘public nuisance’ can be a broad term can be interpreted in a very varied manner depending on the perspective, for the purposes of Chapter XV, Section 270 defines public nuisance in a specific and layered manner. Let us take a look:

At the basic level, public nuisance is an act or an illegal omission. An act refers to an action or a activity performed by a person, whereas an illegal omission refers to omitting the performance of an action which should have been carried out as per the law. A person parking his or her car in a no parking zone can be an act of public nuisance. Failure of the public authorities in taking action against such person despite several complaints can be an illegal omission leading to public nuisance.

Further, it defines it as an act or an illegal omission which causes common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, In other words, such an act of nuisance should affect the public in general. It could be affecting the citizens at large or members of a particular region or locality. However, if the nuisance is suffered by just a small fraction of a larger community, it shall fall under a different section of the BNS and not section 270.

It also clarifies that if an act or an omission to act causes any obstruction in use of a public right, it shall also be considered a public nuisance. For instance blocking access to public washrooms or poor maintenance of a public washroom causing a bad stench in the surrounding area.

And finally, it clarifies that just because an act has some value in terms of public good or benefits certain section of the society, the public nuisance it causes cannot be justified. For instance, the government temporarily begins digging a road to build a metro line. The road is shut and alternate traffic arrangements are made to not cause public nuisance. But in the course of the construction, the barricades block the entrance of an apartment building. Even though it is a project being undertaken for the good of the citizens of the city, the nuisance caused to the residents of the apartment building cannot be justified and the authorities in charge of the construction can be taken to court for causing public nuisance.

The above actions may not be an offence under this section if:

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