Relevant provisions of BNS and BNSS, for the abatement of public nuisance in pollution cases — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Public nuisance is defined under which section of the Bharatiya Nyaya Sanhita, 2023?

   • Section 270 (correct answer)
   • Section 152
   • Section 91
   • Section 39

   Explanation. Section 270 BNS (earlier section 268 IPC) defines public nuisance as an act or illegal omission causing common injury, danger or annoyance to the public or to people who live nearby.

2. Which BNS section punishes voluntarily fouling the water of a public spring or reservoir?

   • Section 270
   • Section 279 (correct answer)
   • Section 292
   • Section 152

   Explanation. Section 279 BNS (earlier section 277 IPC) punishes a person who deliberately fouls the water of a public spring or reservoir. The punishment is imprisonment up to six months, or fine up to Rs 5,000, or both.

3. Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier section 133 of the Code of Criminal Procedure, 1973) empowers:

   • A civil court to award damages
   • An Executive Magistrate to make a conditional order for removal of nuisance (correct answer)
   • The Advocate General alone to file suits
   • A Pollution Control Board to cancel licences

   Explanation. Section 152 BNSS continues section 133 CrPC. An Executive Magistrate acts on a police report or other information and makes a conditional order to remove or stop the nuisance.

4. In Municipal Council, Ratlam v. Vardhichand (1980), the Supreme Court held that:

   • Financial inability is a valid defence to abating a public nuisance
   • Financial inability is NOT a valid defence to a statutory body's duty to abate a public nuisance under section 133 CrPC (now section 152 BNSS) (correct answer)
   • Section 133 CrPC does not apply to municipalities
   • Only private individuals can be proceeded against under Section 133 CrPC

   Explanation. Section 133 of the Code of Criminal Procedure (now section 152 BNSS) is a mandatory duty on the Magistrate, and financial inability is no defence for the Municipality.

5. Section 91 of the Code of Civil Procedure, 1908 allows a suit for public nuisance to be filed by:

   • Only the person who suffers a unique, individual loss
   • The Advocate General, or two or more persons with the leave of the Court (correct answer)
   • Only a registered NGO
   • Only the State Pollution Control Board

   Explanation. Section 91 CPC allows the Advocate General, or two or more persons with the Court's leave, to sue over a public nuisance without proving special individual damage.

6. What relief does Order XXXIX, Rules 1-2 CPC provide while a civil suit over pollution is pending?

   • A permanent injunction only after final judgment
   • A temporary injunction restraining the defendant while the suit is decided (correct answer)
   • Criminal punishment for the polluter
   • Automatic dismissal of the suit

   Explanation. Order XXXIX, Rules 1-2 CPC allow the court to grant a temporary injunction restraining the polluting activity while the suit is pending.

7. What is the general punishment under section 292 of the Bharatiya Nyaya Sanhita, 2023 for public nuisance not otherwise provided for?

   • Life imprisonment
   • A fine which may extend to Rs 1,000 (correct answer)
   • Death penalty
   • No punishment is prescribed

   Explanation. Section 292 BNS is the general punishment for public nuisance: a fine up to Rs 1,000. Under section 290 IPC the limit was Rs 200.

8. Which of these is the fastest remedy against an ongoing polluting activity, since it bypasses a full trial or civil suit?

   • A suit under Section 91 CPC
   • A conditional order under Section 152 BNSS (correct answer)
   • A prosecution under Section 292 BNS
   • A civil appeal to the High Court

   Explanation. Section 152 BNSS (earlier section 133 CrPC) gives a quick, preventive conditional order. No full criminal trial is held, so it is among the fastest remedies.