Punishment for public nuisance in cases not otherwise provided for
Section 290 of the Indian Penal Code, 1860 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 Code, shall be punished with fine which may extend to two 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.
Section 290, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 292 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 The repealed enactment still governs what happened while it was in force.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.
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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State of N. C. T. of Delhi vs Sanjeev @ Bittoo
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
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
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.
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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… was transferred to this court at the stage of service of summons on accused in view of establishment of this Court for trial of criminal cases relating to M.Ps. and M.L.As. of the State of Telangana. 2 . This case arises out of Crime No.18 of 2018 of P.S., Maddur registered against A.1 to A.10 for offences under Sections 147, 427, 290 and 353 r/w 149 of the Indian Penal Code (I.P.C.) basing on the report dated 28-02-2018 (Ex.P.1) lodged by Runjala Babu Rao, the then Deputy Executive Engineer, Maddur Sub-Division, Panchayath Raj Department, Mahaboob Nagar (PW.1). 3 . The case of prosecution, in brief, is that on 28-02-2018 in Mannapur, …
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… on 31.05.2020 at about 18.40 hours, at Patel Chowk, Sangli, you were found while walking on the public road without any reason within a period of lock-down and thus he did negligent act likely to spread infection of disease; COVID -19 which is dangerous to life and thereby committed an offence punishable under section 188, 290 & 269 of the Indian Penal Code and within my cognizance. Plea of Accused 6) Q.1. Have you received copies of police papers? Ans: Yes. Q.2. Have you understood the contents of the plea now read over and explained in Marathi to you? Ans: Yes. Q.3. Do you plead guilty? Ans: Yes, I do plead guilty. …
Questions about Section 290
What have the courts held on Section 290 of the Indian Penal Code?
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: 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.
How do I find court cases under Section 290 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 290, section 290 IPC, section 290 of the Indian Penal Code. People searching for it also type ipc 290 in bns and ipc 290 punishment. 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 290 of the Indian Penal Code, and has it changed?
4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 292 (Punishment for public nuisance in cases not otherwise provided for), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 290 of the Indian Penal Code come into force?
Section 290 of the Indian Penal Code, cited as IPC 290, 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.