BNS Section 292: Punishment For Public Nuisance In Cases Not Otherwise Provided For
Section 292 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 292 specifically deals with public nuisance. Let us take a closer look at its provisions.
Definition of BNS Section 292
Section 292 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita shall be punished with a fine which may extend to one thousand rupees.”
Explanation and Illustration of BNS Section 292
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of public nuisance. Let us break down the section to get a better understanding of it.
Offence
Public nuisance is an offence under the provisions of the BNS. There is no one specific section that deals with public nuisance. Public nuisance is covered over several sections in various contexts. However, public nuisance is a very broad term. As defined in section 270 of the BNS:
“Public nuisance is any act which causes any common injury, danger or annoyance to the public.”
As we can see, any number of acts can fall under the above definition. And while the BNS covers all the common acts that are considered public nuisance and provides for specific punishments depending on the severity of the offence, it is possible that some acts of public nuisance may have been unintentionally omitted from the cover of this act.
This section is a broad spectrum section that provides an overall cover to all actions of public nuisance that are not covered under the BNS. In other words, if the court considers a certain act as a case of public nuisance but does not find it to be covered under the provisions of any section of the BNS, then the provisions of section 292 will come into play.
Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which may extend to one thousand rupees.
Punishment
Any act of public nuisance that is not covered under the provisions of the BNS shall be punished with a fine which may extend to one thousand rupees.
The above actions may not be an offence under this section if:
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.
Key Points of BNS 292
This section deals with:
Punishment for public nuisance in cases not otherwise provided for
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between BNS Section 292 and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 292 of BNS replaces Section 290 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 292 | Punishment for public nuisance in cases not otherwise provided for. | 290 | The upper limit of the fine is increased from two hundred to one thousand rupees. |
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FAQs about Section 292 of the Bharatiya Nyaya Sanhita (BNS)
Is 292 BNS bailable or non bailable?
Section 292 is a bailable offence.
What is public nuisance under BNS Section 292?
Any act of public nuisance that has not been covered under any other section of the BNS shall be considered as public nuisance under Section 292.
How does BNS 292 ensure public peace and safety?
By penalising those causing public nuisance, Section 292 ensures public safety.
