Code: Section 292 BNS
Whoever commits a public nuisance in any case not otherwise punishable by this
Sanhita shall be punished with fine which may extend to one thousand rupees.
Explanation of Section 292 BNS
Section 292 of the Bharatiya Nyaya Sanhita (BNS) deals with public nuisances—acts that cause inconvenience, harm, or danger to the public. This section applies when there’s no specific law in the Sanhita to punish a particular nuisance, but the act still disrupts public peace or safety.
It serves as a catch-all provision to address situations that are not explicitly covered by other laws. The law ensures that individuals are held accountable for actions that disturb the normal functioning of society, even if those actions don’t fall under specific offenses.
Illustrations
Example 1: Loud Noise at Night
A person frequently plays loud music late at night, disturbing the peace of their neighbors. Even if there’s no specific noise pollution law for this situation, the offender can be fined under Section 292 BNS.
Example 2: Dumping Waste in Public Areas
Someone dumps garbage in a public park, creating health hazards and pollution. If no specific environmental law applies, the person can still face penalties under this section.
Example 3: Obstruction of Public Roads
A business owner blocks a public footpath with goods, making it difficult for people to walk freely. In the absence of specific laws addressing this issue, the owner can be fined under Section 292 BNS.
Common Questions and Answers on Section 292 BNS
1. What is considered a public nuisance?
A public nuisance is any act that causes trouble or harm to the public, such as noise pollution, illegal waste dumping, blocking public pathways, etc.
2. What is the punishment under this section?
The offender can be fined up to ₹1,000.
3. Does this section apply to minor offenses?
Yes, it covers minor offenses that affect public peace but aren’t specifically addressed by other laws.
4. Can someone be fined if they didn’t realize they were causing harm?
Yes, even if someone didn’t intend harm, if their actions caused public nuisance, they can still be fined unless they prove they took reasonable precautions.
Conclusion
Section 292 BNS is an important legal provision that helps maintain public order by addressing public nuisances not specifically covered by other laws. It ensures that people who disrupt public peace are held accountable, promoting a safer and more orderly society.
