Public nuisance

Public nuisance is an offence or civil wrong that involves an unlawful act or omission causing common injury, danger, or annoyance to the public at large or to a section of the community. It affects the rights enjoyed by the public collectively—such as the right to public safety, health, peace, or convenience—rather than the rights of specific individuals.
In essence, public nuisance interferes with public welfare and community rights, and is therefore treated as both a tort under civil law and an offence under criminal law in India.

Meaning and Definition

The word nuisance is derived from the French word nuire, meaning to hurt or to annoy. Public nuisance differs from private nuisance in that it affects the public or community at large, not merely an individual.
Section 268 of the Indian Penal Code, 1860 (IPC) defines public nuisance as:

“A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.”

Thus, public nuisance arises when an act interferes with public rights such as health, safety, comfort, or convenience.

Essential Elements of Public Nuisance

To constitute public nuisance, the following conditions must be satisfied:

1. Unlawful Act or Illegal Omission
   • The act or omission must be unlawful or contrary to legal duty.
2. Common Injury or Annoyance
   • The act must cause common injury, danger, or annoyance to the public or a section of the public, not merely to an individual.
3. Effect on Public Rights
   • The interference must relate to public rights such as use of public roads, air, water, or communal peace.
4. Continuity or Recurrence
   • Generally, the nuisance is continuous or recurrent, though a single act may sometimes suffice if its impact is widespread.
5. Proximity or Common Interest
   • The affected persons share a common interest in the right being infringed (e.g., residents of a locality).

Examples of Public Nuisance

• Obstructing a public road or pathway with encroachments or debris.
• Emission of smoke, fumes, or noxious gases affecting nearby residents.
• Maintaining unhygienic conditions leading to spread of disease.
• Loud and continuous noise from factories or religious loudspeakers disturbing the neighbourhood.
• Discharging pollutants or waste into a public river or water source.
• Running an illegal trade (e.g., liquor or gambling dens) in a residential area.

Each of these activities affects public comfort, safety, or convenience, thereby constituting public nuisance.

Public Nuisance under Indian Law

Public nuisance is both a civil wrong (tort) and a criminal offence in India.

(A) Under Criminal Law – Section 268 IPC

• The offender is liable for any act or omission causing injury, danger, or annoyance to the public.
• Specific provisions (Sections 269–291 IPC) address various forms of public nuisance, including:
  • Negligent acts likely to spread disease (Sections 269–271).
  • Contamination of public water supply (Section 277).
  • Public obstruction or encroachment (Section 283).
  • Public indecency or disorderly conduct (Sections 290–294).

Punishment for public nuisance is generally prescribed under Section 290 IPC, which provides:

“Whoever commits a public nuisance in any case not otherwise punishable by this Code shall be punished with fine which may extend to two hundred rupees.”

Although the punishment appears mild, public nuisance can attract stricter penalties under special laws such as the Environment (Protection) Act, 1986, Air and Water Pollution Acts, and Municipal Laws.

(B) Under Civil Law (Law of Torts)

• Public nuisance gives rise to civil liability when it causes special damage to an individual beyond what is suffered by the general public.
• The affected person can bring a civil action for damages or injunction.

Example: If air pollution from a factory affects the health of all residents, but one person suffers severe illness, that individual can claim damages on the ground of special injury.

Distinction Between Public and Private Nuisance

Who May File a Complaint

1. The State or Public Authorities – Generally responsible for initiating action in cases of public nuisance.
2. Private Individuals – Only if they have suffered special damage distinct from the general public.
3. Courts or Magistrates – May take cognisance under Sections 133–144 of the Code of Criminal Procedure (CrPC), 1973, and order removal of the nuisance.

Under Section 133 CrPC, a District or Sub-Divisional Magistrate can order the removal of public nuisance affecting roads, rivers, or public places, making it an immediate remedy for public safety and convenience.

Judicial Decisions

1. Ramlal v. Mustafabad Oil & Oil Ginning Factory (AIR 1968 P&H 399)
   • Smoke and soot from the defendant’s oil factory affected nearby residents. The court held it to be a public nuisance, as it endangered public health and comfort.
2. State of M.P. v. Kedia Leather & Liquor Ltd. (2003)
   • The discharge of industrial effluents into a river was held to constitute public nuisance, violating the public’s right to clean water and environment.
3. M.C. Mehta v. Union of India (1987)
   • In the Oleum Gas Leak case, the Supreme Court imposed absolute liability on the industrial unit, holding that pollution affecting large numbers of people constitutes a public nuisance and environmental hazard.
4. Dr. Ram Raj Singh v. Babulal (AIR 1982 All 285)
   • Brick kiln operations emitting smoke near residential areas were declared public nuisance, and the court granted an injunction.

These cases underline that public nuisance extends to environmental degradation, industrial pollution, and other hazards affecting community welfare.

Remedies for Public Nuisance

1. Criminal Remedies
   • Prosecution under Sections 268–290 IPC.
   • Orders for removal of nuisance under Section 133 CrPC.
2. Civil Remedies
   • Injunction – To restrain the continuation of the nuisance.
   • Damages – For special injury suffered by an individual.
3. Environmental Remedies
   • Action under the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, or Air (Prevention and Control of Pollution) Act, 1981.
   • Public Interest Litigation (PIL) for protection of community health and environment (Article 32 and 226 of the Constitution).
4. Administrative Remedies
   • Municipal or local authorities can regulate or remove public nuisances through by-laws and executive orders.

Constitutional Dimension

The Right to a Clean and Healthy Environment has been recognised as part of Article 21 (Right to Life) by the Supreme Court of India. Hence, public nuisance such as pollution, waste dumping, or hazardous industries also amounts to violation of fundamental rights.
Public nuisance cases are often brought before constitutional courts through Public Interest Litigations (PILs) to ensure environmental protection and public welfare.

Preventive Measures

• Strict enforcement of environmental and municipal laws.
• Licensing and zoning regulations for industries.
• Public awareness and community participation in maintaining hygiene and order.
• Judicial intervention through suo motu actions or PILs.