BNS Section 293: Continuance Of Nuisance After Injunction To Discontinue

Definition of BNS Section 293

Section 293 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment 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 BNS Section 293

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 a very broad spectrum crime. As defined under Section 270:

“Public nuisance is any act which causes any common injury, danger or annoyance to the public.”

As you can see, many actions can fall under the above definition. However, another thing to note here is that public nuisance is considered a petty crime under the provisions of the BNS. So the punishment rarely involves rigorous incarceration. In most cases the punishment is a term of simple imprisonment and a fine. In addition to that, the judge or officer in charge can also issue an official warning to the offender to not repeat such an act.

However, if an offender does repeat such an offence again, then the provisions of Section 293 come in. For an act of public nuisance to be considered an offence under the provisions of Section 293, the following qualifications must be met:

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