Section 293 BNS: Continuance of Nuisance After Injunction to Discontinue

Section 293 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a person who repeats or continues a public nuisance even after a lawfully empowered public servant has ordered that person not to repeat or continue it. The provision came into force with the BNS on 1 July 2024.

Section 293 BNS - Statutory Provision

293. Continuance of nuisance after injunction to discontinue.

Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Meaning of Section 293 BNS

Section 293 applies after a lawful direction has already been issued against the repetition or continuation of a public nuisance. The offence is therefore not merely the existence of a nuisance. It concerns disobedience of a lawful injunction relating to that nuisance by repeating it or allowing it to continue.

In simple terms: where a competent public servant lawfully orders a person to stop or not repeat a public nuisance, and that person nevertheless repeats or continues it, Section 293 may apply.

What is a "public nuisance"?

Section 270 BNS defines public nuisance. Broadly, it covers an act or illegal omission causing common injury, danger or annoyance to the public or to people generally in the vicinity, or necessarily causing injury, obstruction, danger or annoyance to persons exercising a public right. A common nuisance is not excused merely because it also provides some convenience or advantage.

Essential Ingredients of an Offence Under Section 293 BNS

For Section 293 to be attracted, the relevant facts should establish the following elements:

There is a public nuisance within the meaning of the applicable law.
A public servant issued an injunction or direction requiring that the nuisance must not be repeated or continued.
The public servant had lawful authority to issue that injunction.
The person concerned repeated or continued the nuisance after the injunction.
The prosecution must prove the factual and legal requirements applicable to the alleged violation.

Punishment Under Section 293 BNS

Imprisonment	Simple imprisonment for a term which may extend to six months.
Fine	Fine which may extend to Rs. 5,000.
Both	The court may impose both simple imprisonment and fine, subject to law and the facts of the case.

Nature and Classification of the Offence

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence corresponding to Section 293 BNS is classified as cognizable and bailable, and is triable by any Magistrate.

Cognizable	Yes.
Bailable	Yes.
Triable by	Any Magistrate.

Corresponding Provision Under the Former IPC

Section 293 BNS substantially carries forward the subject previously dealt with by Section 291 of the Indian Penal Code, 1860, namely continuance of a nuisance after an injunction to discontinue it. The BNS provision expressly sets the maximum fine at Rs. 5,000.

The applicable criminal law may depend on the date of the alleged conduct and the relevant repeal-and-savings provisions. For conduct after the BNS came into force on 1 July 2024, the BNS framework applies subject to the governing law and facts.

Frequently Asked Questions on Section 293 BNS

What is Section 293 BNS?

It punishes the repetition or continuation of a public nuisance after a lawfully authorised public servant has issued an injunction not to repeat or continue that nuisance.

What is the maximum punishment under Section 293 BNS?

The maximum prescribed punishment is simple imprisonment up to six months, or fine up to Rs. 5,000, or both.

Is Section 293 BNS bailable?

Yes. The offence is classified as bailable under the BNSS First Schedule.

Is Section 293 BNS cognizable?

Yes. The offence is classified as cognizable under the BNSS First Schedule.

Which court can try an offence under Section 293 BNS?

The offence is triable by any Magistrate.

Which provision defines public nuisance under the BNS?

Section 270 BNS defines public nuisance.

Related BNS Sections

This page is intended for general legal information. Statutory text, procedural requirements and the application of law should be verified from the official legislation and competent legal advice should be obtained for a specific case.