Public nuisance
Section 268 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
Section 268, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 270 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The word 'public nuisance' has not been defined in CPC, however, Section 3(48) of the General Clauses Act, 1897 ('the Act of 1897') defines public nuisance thus:- "3(48) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code;" Section 268 IPC defines offence of public nuisance as under:- " 268. 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, …
Questions about Section 268
What have the courts held on Section 268 of the Indian Penal Code?
Sri K C Veerendra vs The State of Karnataka (07 Nov 2024) is the leading judgment on this section among those set out below: 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 268 of the Indian Penal Code?
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: IPC 268, section 268 IPC, section 268 of the Indian Penal Code. People searching for it also type ipc 268 in bns and ipc 268 punishment in hindi. 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 268 of the Indian Penal Code, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 270 (Public nuisance), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 268 of the Indian Penal Code come into force?
Section 268 of the Indian Penal Code, cited as IPC 268, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.