IPC 278→BNS 280

IPC 278 to BNS 280: Making atmosphere noxious to health

Section 278 IPC (1860) replaced by Section 280 BNS (2023)

View IPC Section 278 →View BNS Section 280 →

IPC 278 to BNS 280 at a Glance

Section 278 IPC (Making atmosphere noxious to health) is now Section 280 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 278 to BNS 280?

Section 278 IPC is now Section 280 BNS. The statutory definition of the offence remains unchanged, but the maximum fine has been increased from five hundred rupees under Section 278 IPC to one thousand rupees under Section 280 BNS. Neither provision prescribes any sentence of imprisonment.

IPC 278 vs BNS 280: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section278280
OffenceMaking atmosphere noxious to healthSame
PunishmentNone. The section prescribes fine only.None. Section 280 BNS prescribes no term of imprisonment.
FineFine which may extend to five hundred rupees.Fine which may extend to one thousand rupees under Section 280 BNS.
BailBailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 278 and BNS 280: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 278, IPC 1860

278. 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.
BNS 2023 (in force)

Section 280, BNS 2023

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 one thousand rupees.

Ingredients: IPC 278 vs BNS 280

Under IPC 278
  1. Voluntarily vitiating the atmosphere in any place
  2. The vitiation makes the atmosphere noxious to health
  3. The harm affects persons in general dwelling or carrying on business in the neighbourhood or passing along a public way
Under BNS 280
  1. Voluntarily vitiating the atmosphere in any location
  2. Rendering the air noxious to the health of persons dwelling nearby, conducting business, or using a public way

What IPC 278 to BNS 280 Means for Pending Cases

For Section 278 IPC (now Section 280 BNS): the maximum penalty increases from five hundred rupees to one thousand rupees under Section 280 BNS, while prosecution continues to require proof of a voluntary act that renders the air noxious to public health.

FAQs: IPC 278 to BNS 280

What changed when Section 278 IPC became Section 280 BNS?▼

Section 280 BNS increases the maximum fine from five hundred rupees to one thousand rupees. The statutory definition of the offence remains unchanged from Section 278 IPC, and neither section provides for imprisonment.

Where does Section 278 IPC sit in the BNS?▼

In Section 280 BNS, in Chapter XV, Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals.

Does Section 278 IPC or Section 280 BNS apply to an act done before 1 July 2024?▼

Section 278 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 278 IPC. Section 280 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·