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Section 270: Public Nuisance

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 268 IPC
Section 269 All 358 Sections of Bharatiya Nyaya Sanhita Section 271

Legal Commentary & Landmark Judgments: Section 270

Section 270 defines public nuisance, penalising any act or 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.

  • Act or Illegal Omission: Performing an act or failing to perform a legal duty.
  • Public Annoyance or Danger: Affects the public at large, community, or neighborhood, rather than a single private individual.
  • Injury to Common Rights: Obstruction or danger to persons who have occasion to use public rights.
Key Landmark Precedents:
  • Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Justice Krishna Iyer held that public nuisance cannot be tolerated under the plea of municipal financial paucity; preservation of a clean, healthy public environment is a statutory command.
  • K. Ramakrishnan v. State of Kerala AIR 1999 Ker 385: Held that smoking in public places constitutes a public nuisance under penal law as it poisons the atmosphere for the general public.
Courtroom Practice & Strategic Litigation Guidance:

Section 270 is a general definition section, punished under Section 292 BNS. Pair criminal complaints under Section 270/292 with conditional orders for removal of nuisance under Section 152 BNSS (old Section 133 CrPC).

Section 269 All 358 Sections of Bharatiya Nyaya Sanhita Section 271