BNS and BNSS: abatement of public nuisance

Criminal and magistrate powers against pollution as public nuisance, with the civil route under the Code of Civil Procedure

In one minute

Pollution that harms the public is a public nuisance. Three general-law routes deal with it. The Bharatiya Nyaya Sanhita (BNS) punishes it. The Bharatiya Nagarik Suraksha Sanhita (BNSS) gives a quick Magistrate's order. Section 91 of the Code of Civil Procedure allows a civil suit.

BNS and BNSS replaced the Indian Penal Code and the Code of Criminal Procedure on 1 July 2024. Exams ask this as a long answer, so know both the new and old numbers.

Exam focus

Frequency: Frequently asked
Usually asked as: Long answer (10 to 15 marks)

Legal provision

Section 270, BNS (earlier IPC section 268): defines public nuisance.
Section 279, BNS (earlier IPC section 277): fouling the water of a public spring or reservoir.
Section 280, BNS (earlier IPC section 278): making the atmosphere noxious to health.
Section 292, BNS (earlier IPC section 290): general punishment for public nuisance where no other provision applies.
Section 293, BNS (earlier IPC section 291): continuing a nuisance after a public servant has ordered it stopped.
Section 152, BNSS (earlier CrPC section 133): conditional order of a Magistrate for removal of nuisance.
Section 91, Code of Civil Procedure, 1908: a civil suit on a public nuisance. The Code was not replaced.

Meaning and definition

Public nuisance under section 270 BNS is an act or illegal omission that causes common injury, danger or annoyance to the public or to people who live nearby. It also covers acts that must cause injury, obstruction, danger or annoyance to people using a public right.

Smoke, foul discharge, noise and dust that trouble a whole locality fit this definition. The remedy is not left to one victim. The State, a Magistrate or a group of citizens can act.

How a Magistrate acts against a nuisance under section 152 BNSSHow to read this: follow the boxes from top to bottom. Each step leads to the next. The last box is the result.

1. InformationA police report or other information reaches the Magistrate.
2. Conditional orderThe Magistrate orders the person to remove or stop the nuisance within a fixed time.
3. ChoiceThe person either obeys, or appears and shows cause why the order should not be made absolute.
4. ResultThe Magistrate makes the order absolute, or drops it.

Detailed explanation

Step 1: criminal provisions in the BNS

Section 270: the definition, as above.
Section 279: punishes a person who voluntarily fouls the water of a public spring or reservoir so as to make it less fit for its ordinary use. The punishment is imprisonment up to six months, or fine up to Rs. 5,000, or both.
Section 280: punishes a person who voluntarily makes the atmosphere noxious to the health of people living or doing business nearby or passing by. The fine is up to Rs. 1,000.
Section 292: general punishment for public nuisance, a fine up to Rs. 1,000. Under the IPC the limit was Rs. 200.
Section 293: punishes repeating or continuing a nuisance after a public servant with lawful authority has ordered the person to stop. The punishment is simple imprisonment up to six months, or fine up to Rs. 5,000, or both.

Example. A foundry in Howrah releases dense smoke that makes the air noxious for the whole colony. Residents can complain to the police for an offence under section 280 BNS.

Step 2: the Magistrate's order under section 152 BNSS

Section 152 continues section 133 of the CrPC. A District Magistrate, a Sub-divisional Magistrate or another specially empowered Executive Magistrate acts on a police report or other information. The grounds in the earlier section 133 include removing an unlawful obstruction or nuisance from a public place or public way, river or channel. They also include regulating a trade or occupation that is injurious to the health or physical comfort of the community.

The Magistrate makes a conditional order, which takes effect unless the person shows cause. The order fixes a time to remove the nuisance or stop the activity. The person may instead appear and show cause why the order should not be made absolute. No full criminal trial is held, so this is among the fastest remedies. Before the order is made absolute, the Magistrate takes evidence as in a summons-case. A Magistrate's order under this power cannot be questioned in a civil court. These two rules are in the earlier Code of Criminal Procedure, 1973, sections 141(2) and 133(2).

Example. An open drain and foul discharge from a distillery trouble a ward in Indore. A resident reports it, and the Sub-divisional Magistrate issues a conditional order to the distillery to stop the discharge within 15 days.

Step 3: the civil route under section 91 CPC

An ordinary plaintiff must show special damage. Section 91 relaxes this for a public nuisance. The Advocate-General can sue, or two or more persons can sue with the leave of the court. They seek a declaration and an injunction, or other suitable relief, even if no special damage has been caused to them.

While the suit is pending, a temporary injunction can be sought under Order XXXIX of the Code. This holds the position until the final decision.

Step 4: which route to use

Use the BNS to punish. Use section 152 BNSS for fast removal of the nuisance. Use section 91 CPC when a group wants a lasting civil order. The three can run side by side.

Don't confuse: BNS, BNSS and CPC routes

Point	BNS	BNSS section 152	CPC section 91
Nature	Criminal punishment	Preventive order	Civil suit
Who starts it	Police and State, on a complaint	Executive Magistrate, on a report or information	Advocate-General, or two or more persons with leave
Relief	Fine or imprisonment	Order to remove or stop the nuisance	Declaration and injunction
Status of old law	Replaced the IPC	Replaced the CrPC	Unchanged

Inside the concept. A stone crusher near Hosur chokes a colony with dust. A Magistrate orders it to stop under section 152 BNSS. This is the preventive order route.

Just outside it. The State Pollution Control Board refuses the same crusher consent under the Air Act. This is a statutory regulator's action, not a general-law route.

Common mistakes

Quoting IPC and CrPC section numbers only. Give the BNS and BNSS numbers too.
Saying the Code of Civil Procedure was replaced. It was not.
Treating section 152 BNSS as a trial. It is a quick, preventive order.
Forgetting that section 91 CPC needs leave of the court for two or more persons.

Leading case laws

Municipal Council, Ratlam v. Vardhichand (1980)
Facts. In Ward 12, New Road, Ratlam, drains were open and incomplete, slum dwellers had no latrines, and an alcohol plant discharged foul liquid. The Magistrate ordered the Municipality to act.

Principle. Section 133 of the Code of Criminal Procedure is a mandatory duty on the Magistrate, and financial inability is no defence for the Municipality. The decision was under the old section 133, now section 152 BNSS.

Why it matters. The Court revised the order into a workable scheme but did not strike it down.

How to write this answer in the exam

5-mark answer

Public nuisance under section 270 BNS.
Section 152 BNSS, earlier section 133 CrPC.
Section 91 CPC.

10-mark answer

Change from IPC and CrPC to BNS and BNSS on 1 July 2024.
Section 270 definition and sections 279, 280, 292, 293.
Section 152 BNSS: conditional order, show cause, absolute order.
Ratlam: mandatory duty, no plea of lack of funds.
Section 91 CPC and Order XXXIX.
Comparison of the three routes.

Key points to remember

BNS and BNSS replaced the IPC and CrPC from 1 July 2024. The CPC was not replaced.
BNS section 270 defines public nuisance. Sections 279, 280, 292, 293 punish it.
BNSS section 152 (earlier CrPC 133): conditional order of a Magistrate.
CPC section 91: Advocate-General, or two or more persons with leave, can sue without special damage.
Ratlam (1980): lack of funds is no defence to a public body's duty.

Quick self-test

1. Which BNS section defines public nuisance?

Section 270, which replaced IPC section 268.

2. Which BNSS section replaced CrPC section 133?

Section 152.

3. Who can sue under section 91 CPC?

The Advocate-General, or two or more persons with the leave of the court.