Making atmosphere noxious to health
Section 278 of the Indian Penal Code, 1860 deals with making atmosphere noxious to health. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the
health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.
Section 278, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 280 Making atmosphere noxious to health Text carried over almost unchanged 97%
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 The repealed enactment still governs what happened while it was in force.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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Kalidindi Ramakrishna Raju vs P.p.
Court's Decision & Legal Precedent
While the conviction of the petitioners under Sections 278 and 284 IPC is justified based on the evidence and does not warrant interference, the sentence of rigorous imprisonment of six months is excessive and disproportionate. The High Court, in exercise of its revisional jurisdiction, may modify the sentence by setting aside the imprisonment while maintaining the fine penalties, particularly when the accused have already paid the fines and have undergone prolonged litigation.
On this section: Making atmosphere noxious to health - Applied to the act of dumping industrial waste solvents that vitiated the atmosphere and made it noxious to the health of persons in the neighborhood
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 278
What have the courts held on Section 278 of the Indian Penal Code?
Kalidindi Ramakrishna Raju vs P.p. (26 Nov 2024) is the leading judgment on this section among those set out below: Making atmosphere noxious to health - Applied to the act of dumping industrial waste solvents that vitiated the atmosphere and made it noxious to the health of persons in the neighborhood.
How do I find court cases under Section 278 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 278, section 278 IPC, section 278 of the Indian Penal Code. People searching for it also type ipc 278 in bns and ipc 278 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kalidindi Ramakrishna Raju vs P.p. (26 Nov 2024).
What should I read with Section 278 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 280 (Making atmosphere noxious to health), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 278 of the Indian Penal Code come into force?
Section 278 of the Indian Penal Code, cited as IPC 278, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.