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Section 268 of the Indian Penal Code (IPC) defines "public nuisance", while Section 290 of the IPC prescribes the punishment for committing a public nuisance in cases not otherwise provided for by specific laws.

Section 268 IPC: Public Nuisance

Section 268 defines a public nuisance as an act or illegal omission which causes any common injury, danger, or annoyance to the public or to people in general who live in the vicinity.

Key aspects of Section 268:

Affects the public at large: The act must affect the community in general, a considerable portion of it, and interfere with rights that the public might otherwise enjoy (e.g., using a public road, breathing clean air).

Common injury, danger, or annoyance: The effect must be a "common" one, not just an annoyance to a single individual or a small, private group.

No excuse of convenience: A common nuisance cannot be excused on the ground that it causes some convenience or advantage (e.g., a noisy factory cannot justify its noise by arguing it provides jobs).

Examples: Blocking public roads, creating excessive noise or air pollution in a residential area, or engaging in reckless behavior in public spaces are examples of public nuisance.

Section 290 IPC: Punishment for Public Nuisance

Section 290 provides the penalty for committing a public nuisance in situations where a specific punishment is not detailed in other sections of the IPC or other local laws.

Key aspects of Section 290:

Punishment: The offender is punishable with a fine which may extend to two hundred rupees.

Nature of the offence: It is a non-cognizable and bailable offence, triable by any Magistrate.

Relationship to Section 268: Section 268 defines the offense, while Section 290 provides the general, relatively minor punishment for it. More specific types of public nuisance (e.g., fouling water of a public spring under Section 277 IPC) have their own dedicated, and often more severe, punishments.

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