4. Relevant Provisions under IPC, CrPC and CPC for Environmental Pollution

This is the 4th post in Environmental Law, Unit II — Remedies against Environmental Pollution (the previous post covered strict and absolute liability). This post covers the general criminal and civil procedure provisions — outside any dedicated environmental statute — that can be used against a polluter.

The Problem This Topic Solves

Long before the Environment (Protection) Act, 1986 or any of the pollution-specific statutes covered in Unit III existed, ordinary criminal and civil procedure already gave courts and magistrates the power to act against public nuisance, including pollution. These general-law tools remain important today: they are faster, do not depend on a specialised regulator taking action, and can be invoked directly by an affected private citizen or the police.

From IPC/CrPC to BNS/BNSS — What Changed on 1 July 2024

The Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 have been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, both in force since 1 July 2024. The substance of the provisions below is largely unchanged — only the section numbers, and in some cases the fine amounts, have changed. You will still see the old IPC/CrPC section numbers in older case law (including Municipal Council, Ratlam v. Vardhichand, discussed below, which was decided under CrPC S. 133) — know both the historical reference and the current one.

Bharatiya Nyaya Sanhita, 2023 — Public Nuisance Provisions

Chapter XV of the BNS, "Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals," contains the core criminal-law provisions relevant to pollution (corresponding IPC section in brackets):

• Section 270 (IPC S. 268) defines public nuisance as an act or illegal omission causing common injury, danger, or annoyance to the public or to people in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.
• Section 279 (IPC S. 277) punishes voluntarily corrupting or fouling the water of any public spring or reservoir so as to render it less fit for its ordinary use — punishable with imprisonment up to six months, or fine up to Rs. 5,000, or both.
• Section 280 (IPC S. 278) punishes voluntarily vitiating the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way.
• Section 292 (IPC S. 290) is the general punishment for public nuisance in any case not otherwise specifically provided for in the Sanhita — fine up to Rs. 1,000 (increased from Rs. 200 under the IPC).
• Section 293 (IPC S. 291) punishes repeating or continuing a nuisance after being enjoined by a public servant with lawful authority not to — punishable with simple imprisonment up to six months, or fine up to Rs. 5,000, or both.

The verbatim text of these sections is reproduced in the Bare-Act post for this Sanhita in this unit.

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 152

Section 152 BNSS (corresponding to CrPC S. 133) gives an Executive Magistrate a summary, speedy power to make a conditional order for removal of nuisance — including a nuisance caused by pollution — on receiving a police report or other information, without needing a full trial. The magistrate can direct the person causing the nuisance to remove it, or to prevent or stop a particular act, within a specified time, or to appear and show cause why the order should not be made absolute. This makes Section 152 BNSS one of the fastest available remedies against an ongoing polluting activity, since it bypasses the delay of a full criminal trial or a civil suit.

Code of Civil Procedure, 1908 — Section 91 and Injunctions

Unlike the IPC and CrPC, the Code of Civil Procedure, 1908 has not been replaced — it remains in force as-is. Section 91 CPC allows a civil suit in respect of a public nuisance to be instituted either by the Advocate General, or by two or more persons with the leave of the Court, even though no special damage has been caused to those persons individually beyond what the public generally suffers — asking for a declaration and an injunction, or such other relief as the case may require. This is significant because ordinary civil procedure otherwise requires a plaintiff to show a special, individual injury; Section 91 relaxes that requirement specifically for public nuisance.

Where the suit is pending, Order XXXIX, Rules 1 and 2 CPC allow the court to grant a temporary injunction restraining the defendant from continuing the polluting activity while the suit is being decided, so that the harm does not continue or worsen during the litigation.

Comparing the Three Codes

• IPC, 1860 and CrPC, 1973 were repealed and replaced by the BNS, 2023 and BNSS, 2023 with effect from 1 July 2024 — know the current section numbers, not just the old ones.
• BNS Ch. XV: S. 270 (defines public nuisance, was IPC S. 268), S. 279 (fouling water, was S. 277 — fine now Rs. 5,000), S. 280 (making atmosphere noxious, was S. 278), S. 292 (general punishment, was S. 290 — fine now Rs. 1,000, was Rs. 200), S. 293 (continuing nuisance, was S. 291 — now up to 6 months' imprisonment or Rs. 5,000 fine, or both).
• BNSS S. 152 (was CrPC S. 133) — Executive Magistrate's summary conditional order for removal of nuisance; fastest remedy against an ongoing polluting activity.
• Municipal Council, Ratlam v. Vardhichand (1980) — decided under the old CrPC S. 133 (now BNSS S. 152) — financial inability is no defence to a statutory body's duty to abate a public nuisance.
• CPC, 1908 was NOT replaced — S. 91 (Advocate General or two-plus persons with Court's leave can sue over public nuisance without proving individual special damage) and Order XXXIX (temporary injunction) remain exactly as before.

A Practical Example

A stone-crushing unit operating near a residential colony releases dust that makes the air difficult to breathe for residents. Rather than waiting for a pollution-control board to act, an affected resident can approach an Executive Magistrate under Section 152 BNSS for a speedy conditional order to stop the dust nuisance, report the matter for prosecution under Section 280 BNS, and, if the harm continues, join with another resident to file a civil suit under Section 91 CPC seeking a permanent injunction — three independent, general-law routes, all usable without waiting for a specialised environmental statute to be invoked.

Quick Revision Points

• IPC and CrPC were replaced by BNS and BNSS on 1 July 2024 — use current section numbers in exams.
• BNS Ch. XV (S. 270, 279, 280, 292, 293) criminalises public nuisance, including pollution-causing nuisance.
• BNSS S. 152 gives a Magistrate a fast, summary power to order removal of a nuisance — see Municipal Council, Ratlam v. Vardhichand (1980), decided under old CrPC S. 133.
• CPC S. 91 (unchanged) lets a public nuisance be challenged civilly without proof of special individual damage.
• Order XXXIX CPC gives temporary injunctive relief while a civil suit is pending.
• These are general-law remedies, usable independently of the specialised statutes covered in Unit III.