BNS Section 279: Fouling Water Of Public Spring Or Reservoir

Explanation and Illustration of Section 279

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of contaminating public water. Let us break down the section to get a better understanding of it.

Offence

Common public utilities such as water and air are essential requirements for everyone and keeping these clean and safe for everyone to use is considered a collective responsibility. This section provides for persons abusing such public utilities, rendering them unfit or poor for public consumption. Water tanks, springs and reservoirs are created or maintained by the government for specific uses of the public. Some may be for drinking purposes while some maybe for domestic utility such as washing and bathing. Depending on the intended use, the government ensures that the water matches relevant safety standards for use.

This section provides for one particular action, i.e., corrupting or fouling such water resources meant for public consumption. For the purposes of this section, corruption refers to any action that causes a public water utility to deviate from its originally intended function. Fouling refers to any action that makes a public water utility unpleasant or intolerable for its intended users. The above actions shall be considered an offence for the purpose of Section 279 if it meets the following criteria:

The action is voluntary. This means that the person who has done it has done it out of their free will and has not been forced to do so. This section does not look at the intent of the action in too much detail as much as it looks at the action of corrupting or fouling a public water utility. In simple words, it doesn’t matter if the person performed the action with the intention of harming someone or purely out of negligence. As long the action was performed voluntarily by the person it shall be considered for the purposes of this section.

The action renders the water less fit for the purpose for which it is ordinarily used. In other words, the act must lead to the water becoming unfit or unhealthy for consumption. Again, this section does not look at the intent but only the consequences. Even if a person voluntarily attempts to contaminate the water to render it unfit for consumption, what matters is, did the action lead to actual contamination. If it did not, then the action cannot be considered under the provisions of this section.

Any person whose voluntary misuse of a public water utility leads the water to be contaminated or rendered unfit for its intended use shall be considered an offender under the provisions of Section 279.

Punishment

A person found guilty of corrupting or fouling water through voluntary action shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

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

The offender is forced or coerced into contaminating the water.

The offender is a minor or not of sane mind.

The action did not cause the water to be corrupted or rendered unfit for use.

However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

Illustration

Z, who runs a factory, disposes the chemical waste from his factory into the local reservoir which is designated for drinking water in that locality. Z is an offender under the provisions of this section.