BNS Section 279: Fouling Water Of Public Spring Or Reservoir

Definition of BNS Section 279

Section 279 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”

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:

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