Code
91. Public nuisances and other wrongful acts affecting the public.—
(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted—
(a) by the Advocate-General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.
Explanation of Section 91 CPC
Section 91 of the Code of Civil Procedure, 1908 provides a remedy against public nuisances and other wrongful acts that affect the public at large.
Ordinarily, a person can file a civil suit only when their personal rights have been violated. However, public nuisances often affect an entire community rather than a specific individual. In such situations, it may be difficult for any one person to prove a special or personal injury.
To address this problem, Section 91 CPC allows certain persons to file a suit in the public interest even when they have not suffered any special damage.
The provision ensures that acts harmful to the public can be challenged before a civil court and appropriate relief can be obtained.
What Is a Public Nuisance?
A public nuisance is an act or omission that causes inconvenience, danger, injury, or obstruction to the public or a significant section of the public.
Examples include:
- Blocking a public road.
- Illegal construction on public land.
- Pollution affecting a community.
- Obstructing access to public places.
- Activities causing health hazards to the public.
A public nuisance affects community rights rather than merely private interests.
Who Can File a Suit Under Section 91 CPC?
Advocate-General
The Advocate-General can directly file a suit in cases involving public nuisance or other wrongful acts affecting the public.
No separate permission from the court is required when the suit is filed by the Advocate-General.
Two or More Persons with Court’s Permission
Two or more persons may also institute a suit under Section 91 CPC.
However, they must first obtain the leave (permission) of the court.
Importantly, these persons are not required to prove that they personally suffered special damage.
This makes Section 91 CPC an important tool for protecting public rights.
Relief Available Under Section 91 CPC
A court may grant various forms of relief depending on the circumstances of the case.
These include:
Declaration
The court may declare that a particular act is unlawful or constitutes a public nuisance.
Injunction
The court may restrain a person from continuing or repeating the wrongful act.
Other Appropriate Relief
The court may grant any other suitable relief necessary to protect public interests and prevent harm.
Meaning of Sub-Section (2)
Sub-section (2) clarifies that Section 91 CPC does not take away any existing right to file a suit.
If a person already has an independent right to sue under another law or legal principle, that right remains unaffected.
Therefore, Section 91 CPC supplements existing remedies rather than replacing them.
Importance of Section 91 CPC
Section 91 CPC plays a vital role in protecting public rights.
It enables citizens and public authorities to challenge activities that harm the community as a whole.
The provision also ensures that wrongdoers cannot escape liability merely because no individual can prove personal damage.
Consequently, Section 91 CPC promotes public welfare, environmental protection, and the rule of law.
Illustration
Illustration 1
A company illegally dumps industrial waste into a river used by residents of several villages.
Although no individual villager can prove specific personal loss, two villagers may seek the court’s permission and file a suit under Section 91 CPC to stop the pollution.
Illustration 2
A builder unlawfully blocks a public pathway that has been used by local residents for decades.
The Advocate-General may institute a suit seeking an injunction to remove the obstruction.
Illustration 3
A factory emits toxic fumes that affect an entire neighborhood.
Two residents, after obtaining the court’s leave, may file a suit to restrain the factory from continuing the harmful activity.
Common Questions and Answers
1. What is the purpose of Section 91 CPC?
Answer:
Section 91 CPC allows legal action against public nuisances and other wrongful acts affecting the public, even when no special damage has been suffered by the plaintiffs.
2. Can private individuals file a suit under Section 91 CPC?
Answer:
Yes. Two or more persons may file a suit under Section 91 CPC after obtaining the court’s permission.
3. Is proof of personal loss required under Section 91 CPC?
Answer:
No. The plaintiffs are not required to prove special or personal damage when proceeding under Section 91 CPC.
4. What relief can a court grant under Section 91 CPC?
Answer:
The court may grant declarations, injunctions, or any other appropriate relief necessary to address the public nuisance or wrongful act.
Conclusion
Section 91 CPC provides an important mechanism for protecting public rights and addressing public nuisances. By allowing the Advocate-General or two or more persons with the court’s leave to institute a suit, the provision ensures that wrongful acts affecting society can be challenged effectively. It removes the requirement of proving personal damage and focuses on safeguarding the interests of the public. As a result, Section 91 CPC remains a significant tool for promoting public welfare and preventing harm to the community.
