BACK TO SECTIONSAIR 1980 SC 1622
IPC 1860REPEALED
Section 290
Punishment for public nuisance in cases not otherwise provided for
Replaced by: BNS 270
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 290 is the 'catch-all' punishment for public nuisances not covered by the IPC's specific provisions. The fine ceiling of ₹200 was notoriously inadequate — set in 1860 and never updated in the IPC. It was one of the most glaring examples of the code's failure to keep pace with inflation and changing social conditions. The BNS has addressed this, significantly increasing fines across public nuisance provisions to provide actual deterrence.
Legal Evolution
Section 290 functions as a residual catch-all for public nuisance not covered by more specific IPC provisions. Its origins lie in English common law's general public nuisance offence, which colonial drafters preserved as a gap-filler. The ₹200 fine has not been enhanced since 1860, making it notably modest compared to modern standards, but the section remains in use alongside modern environmental and municipal law for neighbourhood disturbances.
Landmark Precedents
Ratlam Municipality v. Vardichand (1980)
RELEVANCE
Established that courts can compel abatement of public nuisances under the IPC framework — Section 290 is an enforceable public health provision, not merely a regulatory aspiration.
Practical Scenarios
"Public urination where it causes common annoyance."
"Keeping a dangerous animal that regularly frightens the neighbourhood."
Common Queries
The fine was set in 1860 and was never updated in the IPC. This is one of the sections the BNS has significantly modernised by increasing fines to meaningful levels.