Bharatiya Nyaya Sanhita, 2023
Section 270 BNS: Public Nuisance
Section 270 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of public nuisance. It covers an act or illegal omission that causes common injury, danger or annoyance to the public, to people generally living or occupying property in the vicinity, or that necessarily causes injury, obstruction, danger or annoyance to persons exercising a public right.
Text of Section 270 BNS
270. Public nuisance. A person is guilty of a public nuisance who does any act or is guilty of an 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, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage.
Meaning and Scope of Public Nuisance
Section 270 focuses on harm or interference of a public or common character. The provision is not confined to physical injury. It expressly refers to injury, danger, annoyance and obstruction affecting the public, people generally in the vicinity, or persons who may need to use a public right.
A public nuisance may arise from a positive act or from an illegal omission. The provision therefore covers both doing something that creates the nuisance and unlawfully failing to do something where that omission causes the prohibited public consequence.
Essential Ingredients of Section 270 BNS
The principal elements reflected in the statutory definition are:
- there is an act or an illegal omission;
- the act or omission causes common injury, danger or annoyance to the public; or
- it causes common injury, danger or annoyance to people generally who dwell or occupy property in the vicinity; or
- it necessarily causes injury, obstruction, danger or annoyance to persons who may have occasion to use a public right; and
- the nuisance is not excused merely because it also provides some convenience or advantage.
Public Right, Common Injury and Public Annoyance
The concept of a public right is central to one limb of Section 270. A nuisance may fall within the provision where it necessarily interferes with persons who may have occasion to exercise or use a right available to the public.
The section also refers to common injury, danger or annoyance. This distinguishes public nuisance from a purely private dispute affecting only particular individuals in their private capacity.
Whether a particular act affects the public or a sufficiently general class of persons depends on the factual setting, including the place, extent, duration and nature of the obstruction, danger, injury or annoyance.
Illegal Omission Under Section 270
Public nuisance may be committed not only by an affirmative act but also by an illegal omission. An omission becomes relevant where there is a legal duty to act and the unlawful failure to perform that duty results in the kind of public injury, danger, obstruction or annoyance described by Section 270.
The existence of a legal duty is therefore important where liability is alleged on the basis of omission rather than positive conduct.
Punishment for Public Nuisance Under Section 292 BNS
Section 270 defines public nuisance but does not itself state a standalone punishment. Where a public nuisance is not otherwise punishable by a more specific provision of the Bharatiya Nyaya Sanhita, the general punishment is provided by Section 292 BNS.
| Provision | Effect |
|---|---|
| Section 270 BNS | Defines public nuisance |
| Section 292 BNS | Where the public nuisance is not otherwise punishable under the BNS, fine may extend to Rs. 1,000 |
| Section 293 BNS | Deals with repetition or continuance of nuisance after a lawful injunction to discontinue it |
BNSS Procedure for Removal and Prevention of Public Nuisance
Chapter XI of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains preventive and remedial powers concerning maintenance of public order and tranquillity. The provisions on public nuisance include Sections 152 to 162, followed by Section 163 for urgent cases of nuisance or apprehended danger.
Section 152 BNSS: Conditional order for removal of nuisance
Section 152 empowers specified Executive Magistrates to make a conditional order for removal of certain unlawful obstructions or nuisances and to require the person concerned to perform the directed act or appear and show cause.
Sections 153 to 161 BNSS: Procedure after conditional order
These provisions deal with service or notification of the order, compliance or showing cause, disputes about public rights, inquiry, local investigation or expert examination, making the order absolute, consequences of disobedience and interim injunctions pending inquiry.
Section 162 BNSS: Prohibition on repetition or continuance
Section 162 authorises specified Magistrates and empowered officers to order a person not to repeat or continue a public nuisance as defined in the BNS or under a special or local law.
Section 163 BNSS: Urgent cases
Section 163 permits a written order in urgent cases where immediate prevention or speedy remedy is desirable to prevent obstruction, annoyance, injury, danger to human life, health or safety, disturbance of public tranquillity, riot or affray.
Section 270 BNS and the Earlier IPC Provision
Section 270 BNS substantially corresponds to Section 268 of the Indian Penal Code, 1860, which defined public nuisance. Under the current criminal law framework, Section 270 BNS is the relevant definition for conduct governed by the Bharatiya Nyaya Sanhita.
Official Legal Resources
For the authoritative text of the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita, and for Government information on the new criminal laws, use the official resources in the right sidebar.
Last reviewed: 9 September 2026.