Punishment for public nuisance in cases not otherwise provided for
Section 292 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for public nuisance in cases not otherwise provided for. 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. The Act came into force on 01 Jul 2024.
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.
Section 292, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 290 Punishment for public nuisance in cases not otherwise provided for Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Committing public nuisance in cases not otherwise provided for. | Fine of 1,000 rupees. | Non-cognizable. | Bailable. | Any Magistrate. |
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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State of N. C. T. of Delhi vs Sanjeev @ Bittoo
Decided under Indian Penal Code 290, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An externment order under Section 47 of the Delhi Police Act, 1978 is valid when the order shows the existence of material (not sufficiency of material) on which the order is based, particularly regarding the satisfaction that movement or acts of the person cause alarm or danger and that witnesses are unwilling to give evidence in public due to fear. The order need not contain elaborate written reasoning in the nature of a judgment; a reference to materials on record and an indication that one of the three available options is being adopted is sufficient. The fact that the authority has referred to materials and selected a particular option permits a legitimate inference that the available options were considered, and the court cannot require the authority to explicitly address each alternative option separately. Judicial review of such administrative orders is limited to whether procedural requirements were followed, whether material existed, or whether the authority held the requisite opinion, but extends to scrutinizing whether the satisfaction was demonstratively perverse or based on no evidence or misreading of evidence.
On this section: Enumerated offences (force, violence, molestation, abetment) that can trigger Section 47 externment powers.
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Kaasula Balraju vs The State of Telangana
Decided under Indian Penal Code 290, 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: Punishment for public nuisance - court upheld that obstruction causing annoyance to public constitutes this offence
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Sanjeev Khera vs Govt. of N.c.t. of Delhi
Decided under Indian Penal Code 290, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A criminal charge must be proportionate to the nature of the alleged conduct and must fall within the legislative scope of the criminal provision invoked. When the alleged conduct of parking vehicles causing road obstruction is charged under Section 431 IPC (prescribing five years imprisonment) instead of the appropriate Sections 283 and 290 IPC (prescribing a fine of Rs. 200), the charge is unsustainable in law and the High Court should exercise its inherent powers under Section 482 CrPC to quash such an inappropriate order.
On this section: Court noted that Section 290 IPC is also an appropriate provision for the alleged conduct; this section prescribes a fine of Rs. 200
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 292
What have the courts held on Section 292 of the Bharatiya Nyaya Sanhita?
State of N. C. T. of Delhi vs Sanjeev @ Bittoo (04 Apr 2005) is the leading judgment on this section among those set out below, though it was decided under IPC 290, which this section replaced -- the court never mentioned this Act: Enumerated offences (force, violence, molestation, abetment) that can trigger Section 47 externment powers. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2005 to 2018.
Is Section 292 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 292 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 292 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 292, section 292 BNS, section 292 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 292 in ipc and bns 292 ipc 290. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with State of N. C. T. of Delhi vs Sanjeev @ Bittoo (04 Apr 2005).
What should I read with Section 292 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 290 (Punishment for public nuisance in cases not otherwise provided for), so the judgments decided under that provision are the case law on this one.
When did Section 292 of the Bharatiya Nyaya Sanhita come into force?
Section 292 of the Bharatiya Nyaya Sanhita, cited as BNS 292, 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 15 Oct 2026. This page is not a substitute for legal advice.