Public nuisance
Section 270 of the Bharatiya Nyaya Sanhita, 2023 deals with public nuisance. A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or anno The Act came into force on 01 Jul 2024.
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage.
Section 270, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 268 Public nuisance Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sri K C Veerendra vs The State of Karnataka
Decided under Indian Penal Code 268, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bursting of crackers during an election campaign, simpliciter, does not constitute an offence under Section 286 of the IPC (Negligent conduct with respect to explosive substance) or Section 268 of the IPC (Public nuisance), nor does it violate Sections 123(2) and 130 of the Representation of People Act, 1951. Section 286 requires that the act be done rashly or negligently so as to endanger human life or likely to cause hurt or injury to any person. Mere bursting of crackers without such endangerment or injury is not an offence. Similarly, bursting of crackers during an election rally at wee hours is a common factor during elections and does not constitute public nuisance. Action for violation of Section 123 of the Representation of People Act is limited to the candidate and can result in disqualification or voiding of election result, not criminal prosecution of supporters. Therefore, criminal proceedings based on such allegations should be quashed under Section 482 of the Criminal Procedure Code.
On this section: Public nuisance - Court held that bursting of crackers during election rally at wee hours is a common factor and does not constitute public nuisance
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Kaasula Balraju vs The State of Telangana
Decided under Indian Penal Code 268, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Obstructing public movement in one direction on a road, causing annoyance to the public exercising their right to use that road, constitutes public nuisance under Section 290 IPC read with Section 268 IPC, even if the obstruction is for a political cause like demanding district status. However, such obstruction does not constitute wrongful restraint under Section 341 IPC (which requires preventing movement in any direction), nor does it constitute unlawful assembly under Section 141-145 IPC (which requires criminal force or show of criminal force with specific common objects), and prosecution for disobedience under Section 188 IPC is barred by Section 195 IPC.
On this section: Definition of public nuisance - act causing common injury, danger or annoyance to public or interference with public right; court applied this to obstruction of road usage
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 270
What have the courts held on Section 270 of the Bharatiya Nyaya Sanhita?
Sri K C Veerendra vs The State of Karnataka (07 Nov 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 268, which this section replaced -- the court never mentioned this Act: Public nuisance - Court held that bursting of crackers during election rally at wee hours is a common factor and does not constitute public nuisance. Another 1 judgment on this section is set out below. They run from 2018 to 2024.
How do I find court cases under Section 270 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 270, section 270 BNS, section 270 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 270 punishment and bns 270 malayalam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sri K C Veerendra vs The State of Karnataka (07 Nov 2024).
What should I read with Section 270 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 268 (Public nuisance), so the judgments decided under that provision are the case law on this one.
When did Section 270 of the Bharatiya Nyaya Sanhita come into force?
Section 270 of the Bharatiya Nyaya Sanhita, cited as BNS 270, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.