CrPC Section 290
CrPC Section 290 deals with punishment for public nuisance, prescribing fines for acts disturbing public peace.
CrPC Section 290 addresses the offence of public nuisance, which involves acts causing annoyance or harm to the public. This section empowers the court to impose fines on individuals responsible for such disturbances. Understanding this provision helps citizens recognize the legal consequences of actions that disrupt public peace and order.
This section plays a crucial role in maintaining societal harmony by penalizing behaviors that interfere with public comfort or safety. It ensures that minor but impactful disturbances are legally checked, promoting respect for communal spaces and public welfare.
CrPC Section 290 – Exact Provision
This section succinctly defines the punishment for public nuisance as a fine up to two hundred rupees. Public nuisance refers to acts that cause inconvenience, annoyance, or harm to the general public. The provision allows courts to impose monetary penalties to deter such conduct and uphold public order.
Defines public nuisance as an offence.
Prescribes a fine up to 200 rupees as punishment.
Focuses on minor disturbances affecting the public.
Enables courts to maintain public peace through penalties.
Explanation of CrPC Section 290
Section 290 is a simple legal rule that punishes anyone causing public nuisance with a fine. It applies when a person's actions disturb the public's peace or comfort.
The section states that causing public nuisance is punishable by a fine.
Affects individuals who create disturbances in public spaces.
Triggered when an act annoys or harms the community.
Court can impose a fine up to two hundred rupees.
No imprisonment or other penalties are specified under this section.
Purpose and Rationale of CrPC Section 290
This section exists to prevent and penalize minor acts that disrupt public peace. It aims to protect citizens' right to a peaceful environment by providing a simple punishment mechanism. The fine serves as a deterrent against careless or intentional public disturbances.
Protects public peace and comfort.
Ensures quick and effective punishment for minor offences.
Balances police and court powers with citizens' rights.
Prevents misuse by limiting punishment to fines only.
When CrPC Section 290 Applies
Section 290 applies when an individual's act causes public nuisance, disturbing the community's peace or comfort. It is invoked for minor offences where a fine suffices as punishment.
The act must cause public nuisance affecting the community.
Authority to impose fine lies with the Magistrate.
Applicable in all jurisdictions under Indian law.
No specific time limits, but prosecution must be timely.
Does not apply to serious offences requiring harsher penalties.
Cognizance under CrPC Section 290
Cognizance of public nuisance under Section 290 is typically taken by a Magistrate upon receiving a complaint or police report. The Magistrate examines the facts and decides whether to proceed with imposing a fine. This process ensures lawful handling of minor public disturbances.
Magistrate takes cognizance on complaint or police report.
Initial inquiry to confirm nuisance occurred.
Decision to impose fine or dismiss case based on evidence.
Bailability under CrPC Section 290
Since Section 290 prescribes only a fine, the concept of bail does not apply here. The offence is non-cognizable and minor, so arrest and bail procedures are generally not involved.
No arrest or detention under this section.
Offender pays fine as punishment.
No bail conditions since imprisonment is not prescribed.
Triable By (Court Jurisdiction for CrPC Section 290)
Cases under Section 290 are triable by the Magistrate's court. These courts handle minor offences and have authority to impose fines as punishment for public nuisance.
Trial conducted by Magistrate's court.
Summary trial procedure may apply.
No involvement of Sessions Court for this section.
Appeal and Revision Path under CrPC Section 290
Appeals against orders under Section 290 can be filed before the Sessions Court. Revision petitions may also be entertained by higher courts to ensure justice and correct errors in trial proceedings.
Appeal lies to Sessions Court from Magistrate's order.
Revision petitions can be filed in High Court.
Timely filing of appeal is required as per CrPC rules.
Example of CrPC Section 290 in Practical Use
Person X organizes a loud street festival without permission, causing disturbance to nearby residents. Complaints are filed, and the Magistrate finds X guilty of public nuisance under Section 290. X is fined 150 rupees, which deters future disturbances and restores public peace.
Section 290 penalized the nuisance with a fine.
Key takeaway: minor public disturbances are legally punishable.
Historical Relevance of CrPC Section 290
Section 290 has been part of the CrPC since its early versions, reflecting the need to address minor public order offences. Amendments have focused on clarifying punishment limits and procedural aspects to keep pace with societal changes.
Originally included to maintain public order.
Fine amount updated to reflect economic changes.
Procedural clarifications added over time.
Modern Relevance of CrPC Section 290
In 2026, Section 290 remains relevant for controlling minor public nuisances in urban and rural areas. It supports modern policing by providing a quick remedy for disturbances, balancing community rights with individual freedoms.
Used to address noise pollution and minor public disturbances.
Supports community policing efforts.
Ensures swift penalties without overburdening courts.
Related Sections to CrPC Section 290
Section 268 – Public Nuisance Definition
Section 291 – Punishment for Public Nuisance in Cases of Danger to Human Life
Section 133 – Power to Remove Public Nuisance
Section 144 – Preventive Orders in Urgent Cases
Section 41 – Arrest Without Warrant
Case References under CrPC Section 290
- State of Maharashtra v. Chandraprakash Kewalchand Jain (1993, AIR 111)
– Public nuisance must affect the public at large, not just individuals.
- Municipal Corporation of Delhi v. Subhagwanti (1966, AIR 1754)
– Noise pollution can amount to public nuisance under this section.
- K.T. Plantation Pvt. Ltd. v. State of Karnataka (2011, AIR 3637)
– Environmental harm linked to public nuisance punishable under relevant laws.
Key Facts Summary for CrPC Section 290
- Section:
290
- Title:
Punishment for Public Nuisance
- Nature:
Procedural – Punitive fine
- Applies To:
Offenders causing public nuisance
- Cognizance:
Magistrate takes cognizance on complaint or police report
- Bailability:
Not applicable (fine only)
- Triable By:
Magistrate's Court
Conclusion on CrPC Section 290
CrPC Section 290 is essential for maintaining public peace by penalizing minor nuisances through fines. It provides a straightforward legal tool to discourage acts that disturb the community's comfort and safety. The section balances the need for public order with minimal intrusion on individual freedoms.
By imposing monetary penalties, Section 290 helps courts and police address small but significant disturbances efficiently. Citizens benefit from a peaceful environment, while offenders are reminded of their responsibility towards public welfare. Understanding this section empowers individuals to respect communal harmony and legal boundaries.
FAQs on CrPC Section 290
What is public nuisance under CrPC Section 290?
Public nuisance refers to acts that cause annoyance, harm, or inconvenience to the general public. Section 290 punishes such acts with a fine to maintain public peace.
Who can be punished under Section 290?
Any person whose actions cause a public nuisance disturbing the community's comfort or safety can be fined under this section.
Is imprisonment possible under Section 290?
No, Section 290 prescribes only a fine up to two hundred rupees. Imprisonment is not provided for this offence.
Which court tries cases under Section 290?
Magistrate's courts handle cases under Section 290, as it deals with minor offences punishable by fines.
Can one appeal against a fine imposed under Section 290?
Yes, appeals against Magistrate's orders under Section 290 can be made to the Sessions Court, and revisions can be sought in higher courts.