Section 290 IPC: Punishment for Public Nuisance
Section 290 of the Indian Penal Code, 1860 prescribed the residual punishment for a public nuisance where the nuisance was not otherwise punishable under the IPC.
Text of Section 290 IPC
Section 290 - 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.
What is a public nuisance under Section 268 IPC?
Section 290 did not independently define "public nuisance." The definition was contained in Section 268 IPC. In substance, a person committed a public nuisance by doing an act, or by being guilty of an illegal omission, which caused common injury, danger or annoyance to the public or to people generally living or occupying property in the vicinity, or which necessarily caused injury, obstruction, danger or annoyance to persons who might have occasion to use a public right.
Section 268 further made clear that a common nuisance was not excused merely because it caused some convenience or advantage.
Essential ingredients of Section 290 IPC
For Section 290 to apply under the IPC framework, the conduct had to amount to a "public nuisance" within Section 268 and the nuisance had to be a case for which the IPC did not provide some other specific punishment. The section therefore functioned as a residual penal provision rather than as a substitute for a more specific IPC offence.
- There must be an act or illegal omission amounting to public nuisance under Section 268 IPC.
- The effect must concern the public, people in the vicinity, or persons exercising a public right, rather than being merely a private dispute.
- The particular nuisance must not already be punishable under another specific provision of the IPC.
- On conviction, the maximum punishment under Section 290 IPC was a fine of Rs. 200.
Punishment and classification under the pre-BNS law
| Offence | Public nuisance in a case not otherwise punishable by the IPC |
|---|---|
| Punishment | Fine up to Rs. 200 |
| Cognizable | No - non-cognizable |
| Bailable | Yes - bailable |
| Triable by | Any Magistrate |
Why Section 290 was a residual provision
The words "in any case not otherwise punishable by this Code" were important. Section 290 applied where the conduct satisfied the IPC concept of public nuisance but no other IPC provision prescribed a specific punishment for that nuisance. If the facts constituted another specifically punishable IPC offence, the applicability of that specific provision had to be examined instead of treating Section 290 as a general replacement.
Public nuisance and preventive powers under the CrPC
Under the pre-BNSS procedural framework, public nuisance could also attract preventive or remedial proceedings under the Code of Criminal Procedure, 1973. Sections 133 to 143 CrPC dealt with unlawful obstructions and nuisances, including conditional orders for removal of nuisance and powers concerning repetition or continuance of public nuisance. Those preventive provisions served a different procedural purpose from the punishment prescribed by Section 290 IPC.
Section 290 IPC and Section 291 IPC
Section 290 dealt with punishment for a public nuisance not otherwise punishable by the IPC. Section 291 addressed a different situation: repetition or continuance of a public nuisance after a lawful injunction by a competent public servant directing that it not be repeated or continued. The factual requirements and punishment under Section 291 were therefore distinct.
Position after commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The corresponding residual public-nuisance provision is Section 292 BNS. It retains the basic structure of the former Section 290 IPC but increases the maximum fine to Rs. 1,000.
This page is maintained as an IPC reference for the legal position before implementation of the BNS. It should not be read as stating that Section 290 IPC is the current section number for new offences after commencement of the BNS.
Frequently asked questions
What was the punishment under Section 290 IPC?
The punishment was fine which could extend to Rs. 200.
Was Section 290 IPC bailable?
Yes. Under the pre-BNS criminal procedure framework, the offence was bailable.
Was Section 290 IPC cognizable?
No. It was classified as a non-cognizable offence.
Which IPC section defined public nuisance?
Section 268 IPC defined public nuisance. Section 290 supplied a residual punishment where such nuisance was not otherwise punishable by the IPC.
What is the corresponding BNS provision?
Section 292 of the Bharatiya Nyaya Sanhita, 2023 corresponds to the subject matter of former Section 290 IPC and prescribes a fine up to Rs. 1,000.