Bharatiya Nyaya Sanhita, 2023
Section 292 BNS: Punishment for Public Nuisance in Cases Not Otherwise Provided For
Section 292 of the Bharatiya Nyaya Sanhita, 2023 is the residual punishment provision for public nuisance. It applies where a person commits a public nuisance and that nuisance is not otherwise punishable under another provision of the BNS. This page explains the statutory text, the definition of public nuisance under Section 270 BNS, punishment and procedural classification.
Section 292 BNS - Statutory Provision
292. 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 statutory text above is reproduced for legal reference. For authoritative use, consult the official text of the Bharatiya Nyaya Sanhita, 2023.
Definition of Public Nuisance under Section 270 BNS
Section 270 BNS defines public nuisance. In substance, a person commits a public nuisance by an act or illegal omission that causes common injury, danger or annoyance to the public or people generally in the vicinity, or that necessarily causes injury, obstruction, danger or annoyance to persons using a public right.
Meaning and Scope of Section 292
Section 292 does not create a separate definition of public nuisance. Instead, it supplies the punishment where conduct falls within the BNS concept of public nuisance but no other BNS provision specifically provides a punishment for that nuisance.
The words "not otherwise punishable by this Sanhita" are important. They make Section 292 a residual provision. If the same conduct is specifically punishable under another applicable BNS section, Section 292 is not intended to replace that specific provision.
Essential Ingredients of an Offence under Section 292 BNS
Read with Section 270, the principal elements are:
- The accused must commit an act or illegal omission amounting to a public nuisance within Section 270 BNS.
- The conduct must cause the kind of common injury, danger, annoyance, obstruction or interference with a public right described in Section 270.
- The particular public nuisance must not be otherwise punishable under another provision of the BNS.
Punishment, Bail and Court Jurisdiction
Section 292 provides a fine which may extend to Rs. 1,000.
| BNS Section | Section 292 |
|---|---|
| Offence | Committing public nuisance in cases not otherwise provided for |
| Punishment | Fine up to Rs. 1,000 |
| Cognizable | No - non-cognizable |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The procedural classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Related BNSS Powers Concerning Public Nuisance
Public nuisance may also engage preventive and remedial powers under the Bharatiya Nagarik Suraksha Sanhita, 2023. Chapter XI of the BNSS contains provisions concerning maintenance of public order and tranquillity, including public nuisances.
Among the relevant provisions are Section 152, which empowers the competent Magistrate to make a conditional order for removal of nuisance in specified circumstances, and Section 162, which empowers a Magistrate to prohibit repetition or continuance of a public nuisance. These procedural powers are separate from the punishment prescribed by Section 292 BNS.
Legal Reference
Section 292 BNS corresponds in subject matter to Section 290 of the Indian Penal Code, 1860. The BNS raises the maximum fine for this residual public nuisance offence from the earlier IPC amount to Rs. 1,000.
For an actual case, the applicable substantive and procedural law should be checked with reference to the date of the alleged act, relevant repeal and saving provisions, and the particular facts and evidence.