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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.
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.”
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:
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
This section deals with:
Punishment for public nuisance in cases not otherwise provided for
Description of offence:
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. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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