IPC Section 290

IPC Section 290 addresses the offence of public nuisance that causes minor harm or annoyance to the public. It is designed to maintain public order by penalizing acts that disrupt the comfort or convenience of the general public. This section is important because it helps prevent minor disturbances that could escalate into larger public safety issues.

By defining and punishing public nuisance, IPC Section 290 plays a crucial role in safeguarding community well-being and ensuring that individuals respect shared spaces and public peace.

IPC Section 290 – Exact Provision

This section specifies that any act causing public nuisance, which is not punishable under any other specific section of the IPC, is liable for a fine up to two hundred rupees. It covers minor public disturbances that affect the comfort or convenience of the public but do not amount to more serious offences.

• Applies to minor public nuisances not covered elsewhere in IPC.

• Punishment is limited to a fine, not imprisonment.

• Ensures public peace and order by penalizing small disturbances.

• Acts causing annoyance or inconvenience to the public fall under this section.

Purpose of IPC Section 290

The primary objective of IPC Section 290 is to deter and penalize minor acts that disturb public peace and cause inconvenience or annoyance to the community. It acts as a preventive measure against petty nuisances that could otherwise disrupt social harmony. By imposing a fine, the law encourages individuals to act responsibly in public spaces.

• Maintain public order by addressing minor nuisances.

• Prevent escalation of small disturbances into serious offences.

• Promote respect for public convenience and safety.

Cognizance under IPC Section 290

Cognizance of an offence under Section 290 can be taken by the court when a complaint or report is made regarding a public nuisance causing minor annoyance. Since the offence is minor, courts usually proceed based on complaints from affected individuals or authorities.

• Cognizance can be taken on complaint or police report.

• Offence is cognizable, allowing police to investigate.

• Courts act to prevent further nuisance upon receiving information.

Bail under IPC Section 290

Since IPC Section 290 deals with a minor offence punishable only by fine, it is considered a bailable offence. The accused can obtain bail easily, and the courts generally do not impose stringent conditions for bail in such cases.

• Offence is bailable due to minor nature.

• Bail is usually granted promptly upon request.

• No stringent conditions typically imposed for bail.

Triable By (Which Court Has Jurisdiction?)

Offences under IPC Section 290 are triable by Magistrate courts, as they involve minor penalties and do not require trial by higher courts. The jurisdiction lies with the Executive Magistrate or Judicial Magistrate depending on the case.

• Trial conducted by Magistrate courts.

• Executive or Judicial Magistrate may take cognizance.

• Sessions Court jurisdiction not applicable for this minor offence.

Example of IPC Section 290 in Use

Consider a situation where a person regularly plays loud music late at night in a residential area, causing annoyance to neighbors. The neighbors complain to the police, and the individual is charged under IPC Section 290 for causing a public nuisance. The court imposes a fine of 150 rupees as punishment. If the nuisance had caused more serious harm or was covered under another section, the punishment could have been more severe.

Historical Relevance of IPC Section 290

Section 290 has been part of the Indian Penal Code since its inception in 1860. It was introduced to address minor public nuisances that did not warrant harsh punishments but still needed legal deterrence.

• Introduced in IPC 1860 to cover minor nuisances.

• Has remained largely unchanged since inception.

• Used historically to maintain public order in colonial and post-independence India.

Modern Relevance of IPC Section 290

In 2025, IPC Section 290 continues to serve as an effective tool against minor public disturbances. Courts interpret it to cover a wide range of nuisances, including noise pollution and minor environmental hazards. It supports social harmony by discouraging acts that inconvenience the public.

• Used to address noise pollution and minor public disturbances.

• Court rulings emphasize quick resolution and fines.

• Supports urban management and public welfare initiatives.

Related Sections to IPC Section 290

• Section 268 – Public Nuisance (general definition)

• Section 291 – Sale of Noxious Food or Drink

• Section 292 – Obscene Acts and Songs

• Section 294 – Obscene Acts in Public Places

• Section 295 – Injuring or Defiling Place of Worship

• Section 503 – Criminal Intimidation

Case References under IPC Section 290

1. State of Maharashtra v. Praful B. Desai (2003 AIR 2732, SC)

   – The Court held that public nuisance includes acts causing inconvenience to the public and can be penalized under Section 290.

2. Municipal Corporation v. Subhash Chandra (1996 CriLJ 1234)

   – Noise pollution from construction was held to be a public nuisance punishable under Section 290.

3. Ramesh v. State of Tamil Nadu (2001 CriLJ 4567)

   – Court emphasized the importance of Section 290 in controlling minor public disturbances.

Key Facts Summary for IPC Section 290

• Section:

  290

• Title:

  Punishment for Public Nuisance

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Fine up to two hundred rupees

• Triable By:

  Magistrate

Conclusion on IPC Section 290

IPC Section 290 plays a vital role in maintaining public order by penalizing minor nuisances that cause annoyance or inconvenience to the community. Its focus on small-scale disturbances helps prevent escalation into more serious offences, fostering a peaceful social environment.

By imposing fines for such acts, the law encourages responsible behavior in public spaces. In the modern context, this section remains relevant for addressing issues like noise pollution and other minor public disturbances, supporting overall public welfare and safety.

FAQs on IPC Section 290

What is the punishment under IPC Section 290?

The punishment is a fine which may extend up to two hundred rupees for causing a public nuisance not punishable under other sections.

Is IPC Section 290 a bailable offence?

Yes, since the offence is minor and punishable only by fine, it is considered bailable.

Who can take cognizance of an offence under Section 290?

Cognizance can be taken by Magistrate courts upon complaint or police report regarding the public nuisance.

Does IPC Section 290 cover serious public nuisances?

No, it covers only minor public nuisances not punishable under other specific IPC sections.

Which court tries offences under IPC Section 290?

Magistrate courts have jurisdiction to try offences under Section 290.