Section 290 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 290 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Title / Essence
Public Nuisance and Endangerment of Public Safety
1. Purpose of Section 290
Section 290 is designed to address actions or behavior that cause public nuisance or endanger public safety. Its main objectives are:
Protect the public from acts that threaten health, safety, or peace.
Penalize individuals who create hazards in public spaces.
Ensure accountability for conduct that may indirectly cause harm to society.
2. Scope of Offence
The section applies to:
Individuals who commit acts in public spaces that disturb order or safety.
Acts causing physical danger, property damage, or obstruction to public services.
Behavior creating health hazards or environmental threats in public areas.
Examples of acts covered under Section 290 include:
Blocking roads or pathways intentionally
Causing obstruction or danger in public gatherings
Reckless handling of hazardous materials in public
Noise, smoke, or pollutant emissions that endanger public health
3. Key Elements of Section 290 Offence
To establish liability under Section 290, the following must be present:
Act in a public place – The conduct occurs in an area accessible to the public.
Public nuisance or endangerment – The act either causes annoyance, inconvenience, or physical risk.
Intent or knowledge – The person must either intend to cause the nuisance or be aware that their act creates danger.
Result – Actual danger, obstruction, or harm may or may not be required; the potential for harm is sufficient.
4. Punishment under Section 290
Section 290 provides for punishment proportional to the severity of the public nuisance:
Imprisonment: Up to 1 year
Fine: Monetary penalty for the act
Both: Imprisonment and fine in cases of serious endangerment
Additional actions may include:
Confiscation of items causing the hazard (e.g., vehicles, hazardous materials)
Preventive orders to restrict further nuisance
5. Illustrative Examples
Example 1:
An individual parks vehicles to completely block a busy road, causing obstruction and risk to emergency vehicles.
➡ Punishable under Section 290.
Example 2:
Someone releases smoke or hazardous chemicals in a public area, creating a health hazard.
➡ Punishable under Section 290.
Example 3:
Throwing objects or debris on a public street in a manner likely to cause injury or property damage.
➡ Punishable under Section 290.
6. Legal Principles
Intent or knowledge is essential: Accidental or unintentional acts may not attract the full penalty.
Potential harm is sufficient: Actual injury or damage is not required.
Scope: Covers both tangible dangers (obstructions, debris) and intangible threats (pollution, noise hazards).
Preventive focus: Authorities can take steps to prevent continuation of the nuisance.
7. Importance of Section 290
Maintains public order and safety.
Provides a mechanism to hold individuals accountable for disruptive acts.
Protects health, property, and freedom of movement in public spaces.
8. Summary Table
| Aspect | Details |
|---|---|
| Offence | Public nuisance or endangerment in public spaces |
| Who is liable | Any individual causing nuisance or public risk |
| Elements | Act in public, nuisance or danger, intent/knowledge, potential or actual harm |
| Punishment | Imprisonment up to 1 year, fine, or both |
| Examples | Blocking roads, hazardous emissions, throwing objects in public spaces |
| Purpose | Protect public safety, maintain order, prevent public harm |
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