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IPC 1860REPEALED

Section 268

Public nuisance

Replaced by: BNS 270

BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE

Original Text

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.

Simplified

Section 268 defines Public Nuisance as acts (or illegal omissions) that cause common injury, danger, or annoyance to the public at large — not just to specific individuals. Unlike private nuisance (which affects individuals and is handled by civil law), public nuisance affects the community broadly enough to warrant criminal intervention. The IPC then creates specific public nuisance offences for: spreading disease (Sections 269–270), food adulteration (Sections 272–273), negligent conduct with dangerous substances (Sections 284–289), and a general catch-all under Section 290. In contemporary India, environmental pollution, noise from loudspeakers, and hazardous construction are all addressed partly through public nuisance provisions alongside specific regulatory legislation.

Landmark Precedents

Ratlam Municipality v. Vardichand (1980)

AIR 1980 SC 1622
RELEVANCE

Landmark public nuisance case — municipalities can be compelled to abate nuisances under Section 133 CrPC/Section 268 IPC; public health obligations are justiciable rights.

Practical Scenarios

"Operating an unauthorised loud speaker late at night in a residential area."
"Dumping industrial waste into a public stream used by a village."
"Leaving a dangerous, uncovered pit on a public footpath."

Common Queries

Yes — if persistent and loud enough to cause common injury or annoyance to people living in the vicinity.
Public nuisance affects the general public or a community and attracts criminal law. Private nuisance only affects an individual's enjoyment of their property and is handled through civil lawsuits.