Section 279 BNS: Fouling Water of Public Spring or Reservoir
Section 279 of the Bharatiya Nyaya Sanhita, 2023 deals with the voluntary corruption or fouling of water in a public spring or reservoir when that act makes the water less fit for the purpose for which it is ordinarily used. The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the separately notified exception concerning Section 106(2).
Text of Section 279 BNS
279. Fouling water of public spring or reservoir. 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.
Section 279 BNS at a Glance
| Offence | Fouling water of a public spring or reservoir |
|---|---|
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 5,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Any Magistrate |
Essential Ingredients of the Offence
For Section 279 to apply, the statutory language requires the following elements to be present:
- The act must be voluntary: the person must voluntarily corrupt or foul the water.
- The water source must be public: the provision applies to a public spring or reservoir.
- The water must be corrupted or fouled: there must be an act affecting the quality or condition of the water.
- The result must affect ordinary use: the fouling must make the water less fit for the purpose for which it is ordinarily used.
Meaning of Important Expressions
Voluntarily
Section 279 uses the word "voluntarily". In practical terms, the prosecution must establish the required voluntary act of corrupting or fouling the water rather than a purely accidental occurrence.
Public Spring or Reservoir
The provision is directed at water contained in a spring or reservoir used by, or available for use by, the public. Whether a particular water source has the required public character will depend on the facts and evidence in the case.
Less Fit for Ordinary Use
The section does not require the water to become completely unusable. The statutory test is whether the act renders the water less fit for the purpose for which it is ordinarily used.
Punishment and Criminal Procedure
A person convicted under Section 279 may be punished with imprisonment of either description for a term extending up to six months, or with a fine extending up to Rs. 5,000, or with both. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is classified as cognizable and bailable and is triable by any Magistrate.
When Section 279 May Apply
The provision may be attracted where a person voluntarily introduces contaminants, waste, pollutants or other matter into a public spring or reservoir and thereby makes the water less fit for its ordinary purpose. Actual application depends on the nature of the water source, the act complained of, the resulting condition of the water and the evidence establishing voluntariness.
Frequently Asked Questions
What is Section 279 of the Bharatiya Nyaya Sanhita, 2023?
Section 279 creates an offence where a person voluntarily corrupts or fouls the water of a public spring or reservoir so as to make it less fit for its ordinary use.
What is the maximum punishment under Section 279 BNS?
The maximum punishment is imprisonment for six months, or a fine up to Rs. 5,000, or both.
Is Section 279 BNS a cognizable offence?
Yes. It is classified as cognizable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is the offence bailable?
Yes. The offence is bailable and triable by any Magistrate.
Legal information: This page provides a general explanation of the statutory provision. The application of Section 279 depends on the facts, evidence and other applicable law in each case.