CrPC Section 268

CrPC Section 268 defines the term 'public nuisance' within the Indian legal framework. It identifies acts or omissions that cause common injury, danger, or annoyance to the public or a significant portion of it. Understanding this section is crucial for recognizing offences that affect public peace and safety.

This section plays a vital role in criminal law by setting the foundation for prosecuting acts that disturb public order. It helps authorities and citizens alike to identify and address behaviours that harm community wellbeing or obstruct public rights.

CrPC Section 268 – Exact Provision

This provision explains that a public nuisance involves acts or omissions affecting the community's common rights or safety. It is not just a private wrong but one impacting public welfare. The section clarifies that the nuisance must affect the public or a significant portion of it, not just an individual. It forms the basis for legal action against disturbances that harm public peace or obstruct public rights.

• Defines public nuisance as a wrong affecting the public or community.

• Includes acts causing injury, danger, or annoyance to the public.

• Focuses on obstruction of public rights common to all citizens.

• Establishes the foundation for prosecuting public nuisance offences.

Explanation of CrPC Section 268

Section 268 explains in simple terms what counts as a public nuisance. It means any act or failure to act that harms or annoys many people or the community as a whole.

• The section defines public nuisance as an offence affecting the public interest.

• It applies to anyone whose actions disturb public peace or safety.

• Triggered when the public or community suffers common injury or annoyance.

• Allows authorities to take action against such disturbances.

• Prohibits acts that obstruct public rights or cause widespread harm.

Purpose and Rationale of CrPC Section 268

This section exists to protect the community's health, safety, and convenience by legally recognizing acts that disturb public order. It ensures that individual actions do not harm the collective rights or peace of society.

• Protects public rights and community welfare.

• Ensures legal procedure to address public disturbances.

• Balances individual freedoms with community safety.

• Prevents misuse by clearly defining public nuisance.

When CrPC Section 268 Applies

Section 268 applies when an act or omission causes common injury or annoyance to the public or obstructs public rights. It is relevant in cases involving public disturbances, obstruction, or threats to community safety.

• The nuisance must affect the public or a considerable portion of it.

• Police and magistrates have authority to act under this section.

• Applicable in criminal courts where public order is concerned.

• No specific time limits, but timely action is essential.

• Exceptions include private disputes not affecting the public.

Cognizance under CrPC Section 268

Cognizance of public nuisance offences under Section 268 is generally taken by magistrates upon receiving information or complaint. Police may investigate and submit reports for magistrate action. The magistrate then decides whether to proceed with prosecution.

• Magistrate takes cognizance on complaint or police report.

• Police investigation may precede formal cognizance.

• Requires evidence of public impact or obstruction.

Bailability under CrPC Section 268

Public nuisance is typically a bailable offence, allowing accused persons to seek bail. However, bail conditions depend on the nature and severity of the nuisance and related offences.

• Bail is generally granted unless aggravating factors exist.

• Conditions may include surety or restrictions on activities.

• Practical considerations involve public safety and repeat offences.

Triable By (Court Jurisdiction for CrPC Section 268)

Cases under Section 268 are triable by Magistrate courts, as public nuisance is a minor offence under the Indian Penal Code and CrPC. Sessions courts may get involved if linked to more serious offences.

• Trial usually conducted by Magistrate courts.

• Sessions court jurisdiction if offence escalates.

• Summary trials possible for minor nuisances.

Appeal and Revision Path under CrPC Section 268

Appeals against convictions or orders under Section 268 lie with the Sessions Court, and further revision can be sought in High Courts. Timely filing of appeals is necessary to challenge decisions.

• Appeal to Sessions Court against Magistrate's order.

• Revision petitions to High Court possible.

• Typical appeal timelines apply as per CrPC rules.

Example of CrPC Section 268 in Practical Use

Person X operates a factory emitting noxious fumes that cause widespread annoyance and health issues in a residential area. The local community complains, and police investigate. Under Section 268, the magistrate takes cognizance, and X is prosecuted for causing a public nuisance, leading to orders to reduce emissions.

• Section 268 helped address community harm caused by X.

• Key takeaway: Public nuisance laws protect community health and rights.

Historical Relevance of CrPC Section 268

This section has its roots in common law principles protecting public order. Over time, it was codified to clearly define public nuisance and provide procedural clarity for prosecution and prevention.

• Originated from English common law concepts.

• Codified in CrPC to standardize public nuisance offences.

• Amendments refined definitions and procedural aspects.

Modern Relevance of CrPC Section 268

In 2026, Section 268 remains vital for addressing urban and environmental nuisances. It supports policing and judicial efforts to maintain public peace amid growing population and industrial activities.

• Addresses modern challenges like pollution and public safety.

• Supports community rights in urban settings.

• Enables balanced law enforcement respecting citizen freedoms.

Related Sections to CrPC Section 268

• Section 133 – Power to remove public nuisance

• Section 144 – Preventive orders against nuisance

• Section 290 IPC – Punishment for public nuisance

• Section 291 IPC – Public nuisance by noise

• Section 268 IPC – Definition of public nuisance (related substantive law)

Case References under CrPC Section 268

1. Municipal Corporation of Delhi v. Subhagwanti (1966 AIR 1753)

   – Public nuisance includes obstruction of public ways affecting community health and safety.

2. State of Maharashtra v. Mayer Hans George (1965 AIR 722)

   – Noise pollution recognized as public nuisance under relevant provisions.

3. Ratanlal v. State of Rajasthan (1979 AIR 1270)

   – Emphasized the need for magistrate intervention in public nuisance cases.

Key Facts Summary for CrPC Section 268

• Section:

  268

• Title:

  Definition of Public Nuisance

• Nature:

  Procedural definition related to public order offences

• Applies To:

  Police, magistrates, public

• Cognizance:

  Magistrate takes cognizance on complaint or police report

• Bailability:

  Generally bailable offence

• Triable By:

  Magistrate courts

Conclusion on CrPC Section 268

CrPC Section 268 is fundamental in defining what constitutes a public nuisance, enabling the legal system to protect community rights and public order. It clarifies the scope of offences that affect the public at large, ensuring that such acts are recognized and addressed promptly.

This section empowers authorities to maintain peace and safety by prosecuting nuisances that harm or annoy the community. For citizens, understanding this section helps in recognizing their rights and the legal remedies available against public disturbances.

FAQs on CrPC Section 268

What is a public nuisance under CrPC Section 268?

It is an act or omission causing common injury, danger, or annoyance to the public or community, obstructing public rights shared by all citizens.

Who can file a complaint under this section?

Any member of the affected public or community can file a complaint, and police or magistrates can also initiate action on their own.

Is public nuisance a bailable offence?

Generally, yes. Public nuisance is usually bailable, but bail conditions depend on the case's specifics and severity.

Which court tries offences under Section 268?

Magistrate courts typically try public nuisance cases, with Sessions courts handling appeals or related serious offences.

How does Section 268 protect public rights?

By defining public nuisance, it allows authorities to act against acts harming community welfare, ensuring public peace and safety are maintained.