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Section 293: Continuance of Nuisance After Injunction to Discontinue

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
Cognizable
Formerly Sec 291 IPC
Section 292 All 358 Sections of Bharatiya Nyaya Sanhita Section 294

Legal Commentary & Landmark Judgments: Section 293

Section 293 punishes repeating or continuing a public nuisance after having been enjoined by any public servant who has lawful authority to issue such an injunction not to repeat or continue such nuisance.

  • Lawful Injunction to Desist: A formal injunction or prohibitory order issued by an Executive Magistrate or competent authority (e.g., order under Section 152/162 BNSS).
  • Knowledge of Order: The accused has received or been served with the injunction.
  • Defiant Continuance: Persisting in or repeating the nuisance in deliberate defiance of the lawful order.
Key Landmark Precedents:
  • Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Affirmed that once an order for removal of nuisance is made absolute by a magistrate, defiance attracts enhanced criminal punishment.
  • C. Muniappan v. State of Tamil Nadu (2010) 9 SCC 552: Reiterated that defiance of administrative injunctions designed to maintain public order warrants strict penal prosecution.
Courtroom Practice & Strategic Litigation Guidance:

Check service of the preliminary and absolute conditional orders under Section 152-162 BNSS. If the order was never formally served on the accused, the prosecution under Section 293 collapses.

Section 292 All 358 Sections of Bharatiya Nyaya Sanhita Section 294