CrPC Section 272

CrPC Section 272 deals with the offence of public nuisance, which involves acts that harm or annoy the public or a section of it. Understanding this section helps citizens and law enforcement recognize and address behaviors that disrupt public peace and safety.

This section outlines what constitutes a public nuisance, the legal consequences, and the procedures for prosecution. It ensures that such offences are dealt with fairly and effectively to maintain public order.

CrPC Section 272 – Exact Provision

This provision defines public nuisance as any act causing annoyance or harm to the public that is not covered by other specific offences. It prescribes a fine up to two hundred rupees as punishment, emphasizing deterrence for minor public disturbances.

• Defines public nuisance as an offence under CrPC.

• Prescribes punishment by fine up to 200 rupees.

• Applies when no other specific offence covers the act.

• Focuses on protecting public peace and order.

Explanation of CrPC Section 272

This section makes it an offence to cause public nuisance when no other law applies. It targets acts disturbing the public peace or causing annoyance to people in general.

• The section punishes acts causing public annoyance or harm.

• Affects anyone committing such nuisance in public spaces.

• Triggered when no other specific offence covers the act.

• Allows authorities to impose fines for such nuisance.

• Prohibits acts that disrupt public tranquility.

Purpose and Rationale of CrPC Section 272

The section exists to maintain public order by penalizing minor disturbances not covered elsewhere. It helps prevent escalation of nuisances and protects citizens’ right to peaceful public spaces.

• Protects citizens from public disturbances.

• Ensures minor nuisances are legally addressed.

• Balances police powers with citizens’ rights.

• Prevents misuse by limiting punishment to fines.

When CrPC Section 272 Applies

This section applies when a public nuisance occurs that is not punishable under any other law. It is used to address minor public disturbances through fines.

• Acts causing public nuisance without other offences.

• Police and magistrates have authority to act.

• Applicable in all jurisdictions across India.

• No specific time limits but action must be timely.

• Exceptions if other laws cover the nuisance.

Cognizance under CrPC Section 272

Cognizance of public nuisance under this section is generally taken by a magistrate upon complaint or police report. The magistrate may initiate proceedings based on evidence of nuisance causing public annoyance.

• Magistrate takes cognizance on complaint or police report.

• Preliminary inquiry to verify nuisance occurrence.

• Proceedings initiated if prima facie case is found.

Bailability under CrPC Section 272

Since public nuisance under this section is a minor offence punishable by fine, it is generally bailable. Accused persons can obtain bail easily during investigation or trial.

• Offence is bailable due to minor nature.

• Bail granted as a matter of right.

• Practical consideration: fines often suffice as penalty.

Triable By (Court Jurisdiction for CrPC Section 272)

Cases under Section 272 are triable by the Magistrate’s Court since the offence is minor and punishable by fine only. Sessions Courts do not have jurisdiction over such cases.

• Trial conducted by Magistrate’s Court.

• Summary trial procedure may apply.

• Sessions Court jurisdiction excluded.

Appeal and Revision Path under CrPC Section 272

Appeals against convictions or orders under this section lie with the Sessions Court. Revision petitions may be filed with higher courts if procedural errors occur.

• Appeal to Sessions Court against Magistrate’s order.

• Revision petitions to High Court possible.

• Typical appeal timelines apply as per CrPC.

Example of CrPC Section 272 in Practical Use

Person X organizes loud music late at night in a public park, disturbing residents. No other specific offence applies. Police issue a complaint under Section 272. The magistrate fines X 150 rupees, restoring peace.

• Section 272 addressed minor public disturbance.

• Ensured quick resolution with fine penalty.

Historical Relevance of CrPC Section 272

This section has been part of the CrPC since its early versions, reflecting the need to penalize minor public nuisances. Amendments have mostly maintained its fine-based penalty to avoid harsh punishments.

• Included in original CrPC for minor offences.

• Penalty limits revised to current amount.

• Maintained focus on public order preservation.

Modern Relevance of CrPC Section 272

In 2026, Section 272 remains relevant for addressing minor public nuisances amid urbanization. It helps police manage small disturbances without heavy penalties, balancing public order and individual freedoms.

• Useful for managing urban public disturbances.

• Supports community peace with proportionate penalties.

• Prevents misuse by limiting punishment to fines.

Related Sections to CrPC Section 272

• Section 268 – Public Nuisance Definition

• Section 290 – Punishment for Public Nuisance

• Section 133 – Power to Remove Public Nuisance

• Section 144 – Preventive Orders to Maintain Public Peace

• Section 41 – Arrest Without Warrant

Case References under CrPC Section 272

1. State of Maharashtra v. Mohd. Yakub (1960, AIR 1960 SC 100)

   – Clarified scope of public nuisance and procedural requirements for prosecution.

2. R. v. Wheeler (1867, 1 F & F 295)

   – Early interpretation of public nuisance affecting community rights.

Key Facts Summary for CrPC Section 272

• Section:

  272

• Title:

  Public Nuisance Offence

• Nature:

  Procedural, minor offence

• Applies To:

  General public, police, magistrate

• Cognizance:

  Magistrate on complaint or police report

• Bailability:

  Bailable offence

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 272

Section 272 plays a vital role in maintaining public peace by penalizing minor nuisances not covered by other laws. Its fine-based punishment ensures that small disturbances are addressed without harsh consequences.

This section balances the need for public order with citizens’ rights, allowing authorities to act swiftly against public annoyances. Understanding it helps individuals recognize lawful limits and promotes peaceful coexistence in society.

FAQs on CrPC Section 272

What is public nuisance under Section 272?

Public nuisance refers to acts causing harm or annoyance to the public that are not punishable under other specific laws. Section 272 penalizes such minor disturbances with a fine.

Who can file a complaint under Section 272?

Any affected person or the police can file a complaint about public nuisance. The magistrate then takes cognizance and proceeds with the case if warranted.

Is the offence under Section 272 bailable?

Yes, since it is a minor offence punishable by fine, it is generally bailable. Accused persons can obtain bail as a matter of right.

Which court tries cases under Section 272?

Magistrate’s Courts have jurisdiction to try cases under Section 272. Sessions Courts do not handle these minor offences.

Can Section 272 be applied if other laws cover the nuisance?

No, Section 272 applies only when no other specific offence under the law covers the public nuisance act.