What is Section 268 IPC? Public nuisance
Published on: Lawiz Team
Learn about Section 268 IPC: Public nuisance
Official Legal Text
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
What This IPC Section Means – Explained in Simple Words
Section 268 defines 'public nuisance' as any act or illegal omission that causes harm, danger, or annoyance to the public or a significant portion of the public.
Purpose
To ensure public safety, convenience, and health by preventing activities that can cause widespread harm or annoyance.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Not Applicable (This section defines 'Public Nuisance' but does not prescribe a punishment).
Key Elements
1. The act or omission must cause harm, danger, or annoyance. 2. It must affect the public or a significant portion of the public. 3. The harm can be to health, safety, comfort, or convenience.
Punishment Details
Public nuisance is not directly punishable under Section 268, but individuals responsible can be penalized under related sections.
Legal Defenses
If the person can prove that the act was lawful or necessary for public benefit.
Judicial Interpretation
Courts focus on the impact of the act on the public and whether it caused significant harm or inconvenience.
Illustration
If a factory releases harmful fumes that cause health issues in a nearby residential area, it may be considered a public nuisance under Section 268.
FAQs
What does Section 268 IPC define?
Public nuisance.
When is Section 268 IPC applicable?
It applies to offences like public nuisance, fraud, negligence, or disruption of public safety.
Why is Section 268 IPC important?
It ensures accountability and prevents fraudulent, negligent, or dangerous activities.
Give an example involving Section 268 IPC.
Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.
What is the punishment under Section 268 IPC?
Punishment may include imprisonment, fine, or both depending on the gravity of the act.
How do courts deal with Section 268 IPC violations?
Courts view these violations seriously to maintain public trust, health, and law and order.
How can offences under Section 268 IPC be prevented?
Awareness, regulatory compliance, and strict law enforcement can prevent such offences.