IPC Section 268

IPC Section 268 deals with the offence of public nuisance. It covers acts or omissions that cause common injury, danger, or annoyance to the public or to people in general. This section is important because it protects public health, safety, and comfort by penalizing activities that disturb the community.

Public nuisance is a broad concept that includes various actions affecting the public at large, such as obstructing a public road or polluting a water source. Understanding this section helps maintain public order and ensures that individuals do not harm society through careless or intentional acts.

IPC Section 268 – Exact Provision

In simple terms, this means that if someone does something or fails to do something illegal that affects the public’s comfort, safety, or health, they can be held responsible under this section. The nuisance must affect a community or public group, not just an individual.

• Public nuisance involves acts or omissions affecting the general public.

• It covers common injury, danger, or annoyance.

• The affected group must be the public or people living nearby.

• It protects public health, safety, and comfort.

Purpose of IPC Section 268

The main purpose of IPC Section 268 is to prevent and penalize acts that disturb public peace and safety. It ensures that individuals or groups do not engage in activities that harm the community’s well-being. By defining public nuisance, the law provides a basis for authorities to act against harmful behaviors affecting society.

• Protect public health and safety from harmful acts.

• Maintain public peace and order.

• Provide legal recourse against activities disturbing community comfort.

Cognizance under IPC Section 268

Cognizance of public nuisance can be taken by courts when a complaint or report is made by the affected public or authorities. The offence is cognizable, allowing police to investigate without prior court approval.

• Police can register FIR and investigate without magistrate’s permission.

• Court takes cognizance on complaint or police report.

• Public interest litigation can also trigger cognizance.

Bail under IPC Section 268

Public nuisance under Section 268 is generally a bailable offence. The accused can apply for bail, and courts usually grant it unless there are aggravating circumstances.

• Offence is bailable, allowing release on bail.

• Bail depends on nature and severity of nuisance.

• Court considers public safety before granting bail.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 268 are triable by Magistrate courts. Since it is a cognizable and bailable offence, the Magistrate has jurisdiction to try and decide the matter.

• Magistrate courts handle trials for public nuisance.

• Sessions Court involvement if offence is compounded or linked to serious crimes.

• Summary trials may be conducted for minor nuisances.

Example of IPC Section 268 in Use

Suppose a factory owner discharges untreated waste into a river used by a nearby village. This causes foul smell and water contamination, affecting many residents’ health and comfort. The villagers complain, and the police take action under Section 268 for public nuisance. If the owner stops the pollution and compensates the villagers, the case may be settled. However, if the pollution continues, the owner can face prosecution and penalties.

In contrast, if the pollution affected only one individual without disturbing the public, Section 268 would not apply, and a different legal provision might be used.

Historical Relevance of IPC Section 268

IPC Section 268 has roots in English common law and was incorporated into the Indian Penal Code in 1860. It was designed to address community harms not covered by other specific offences.

• 1860: IPC enacted including Section 268 on public nuisance.

• Early cases established the scope of public vs. private nuisance.

• Landmark judgments clarified the definition of "public" in nuisance context.

Modern Relevance of IPC Section 268

In 2025, Section 268 remains vital for addressing environmental and social issues affecting communities. Courts have interpreted it to cover pollution, obstruction of public ways, and noise disturbances. It supports public interest litigation and environmental protection efforts.

• Used to tackle pollution and environmental hazards.

• Supports community rights against harmful activities.

• Courts apply it in urban and rural public safety cases.

Related Sections to IPC Section 268

• Section 269 – Negligent act likely to spread infection of disease dangerous to life

• Section 270 – Malignant act likely to spread infection of disease dangerous to life

• Section 290 – Punishment for public nuisance

• Section 291 – Punishment for public nuisance in cases relating to public health

• Section 133 CrPC – Power to remove public nuisances

Case References under IPC Section 268

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

   – The Court held that public nuisance includes acts affecting public health and comfort, emphasizing municipal responsibility.

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

   – Defined public nuisance as an act causing common injury to the public, distinguishing it from private nuisance.

3. Ratanlal & Dhirajlal’s The Indian Penal Code (2020)

   – Commentary clarifying scope and application of Section 268 in modern jurisprudence.

Key Facts Summary for IPC Section 268

• Section:

  268

• Title:

  Public Nuisance

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Fine or imprisonment under related sections

• Triable By:

  Magistrate Court

Conclusion on IPC Section 268

IPC Section 268 plays a crucial role in protecting the public from acts that disturb health, safety, and comfort. It provides a legal framework to address community harms that affect many people, ensuring social order and well-being.

Its broad scope allows authorities and courts to act against various nuisances, from pollution to obstruction of public spaces. In modern India, this section supports environmental protection and public interest, making it a vital tool for justice and community welfare.

FAQs on IPC Section 268

What is public nuisance under IPC Section 268?

Public nuisance is an act or omission causing common injury, danger, or annoyance to the public or people living nearby. It affects community health, safety, or comfort.

Is public nuisance a cognizable offence?

Yes, public nuisance under Section 268 is cognizable, meaning police can investigate without prior court permission.

Can a person get bail for public nuisance?

Yes, public nuisance is generally a bailable offence. Courts usually grant bail unless the case involves serious aggravating factors.

Which court tries offences under Section 268?

Magistrate courts have jurisdiction to try cases under Section 268, as it is a cognizable and bailable offence.

What are some examples of public nuisance?

Examples include polluting water sources, obstructing public roads, creating excessive noise, or any act disturbing public health and safety.