Section 279 BNS: Fouling Water of Public Spring or Reservoir (Formerly Section 277 IPC)

Section 279 of Bharatiya Nyaya Sanhita: Fouling Water of Public Spring or Reservoir

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Legal Commentary & Landmark Judgments: Section 279

Section 279 penalises corrupting or fouling the water of any public spring, well, or reservoir so as to render it less fit for the purpose for which it is ordinarily used.

Public Water Source: Spring, public well, community reservoir, or municipal water supply.
Act of Fouling: Discharging effluents, sewage, toxic chemicals, or animal carcasses.
Deterioration of Water: Rendering the water foul or less fit for drinking, washing, or ordinary use.

Key Landmark Precedents:

Vellore Citizens' Welfare Forum v. Union of India (1996) 5 SCC 647: The Supreme Court invoked the Precautionary Principle and Polluter Pays Principle, holding tanneries criminally liable for discharging toxic effluent into public water bodies.
M.C. Mehta v. Union of India (1987) 4 SCC 463: The Ganga Pollution Case: Ordered closure and penal prosecution of industrial units polluting public rivers and water supplies.

Courtroom Practice & Strategic Litigation Guidance:

Pollution Control Board (SPCB) water sample reports showing high BOD, COD, or heavy metal contamination provide decisive evidence. The defence should contest the chain of custody of samples.

Section 279: Fouling Water of Public Spring or Reservoir

Section 279 of Bharatiya Nyaya Sanhita: Fouling Water of Public Spring or Reservoir

Legal Commentary & Landmark Judgments: Section 279