Section 270 BNS: Public nuisance

Bharatiya Nyaya Sanhita, 2023

Section 270 BNS at a Glance

Section 270 BNS deals with public nuisance. It replaced Section 268 IPC on 1 July 2024.

Punishment

None. Section 270 BNS is a definition section and prescribes no sentence of imprisonment. Public nuisance is punished under Section 292 BNS.

IPC Equivalent

Section 268 →

Section 270 BNS Bare Act Text

270. Public nuisance

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage.

Source: Section 270, Bharatiya Nyaya Sanhita, 2023

Section 270 BNS in Simple Words

Section 270 of the Bharatiya Nyaya Sanhita (BNS) defines the offence of public nuisance. A person commits a public nuisance by doing any act, or by being guilty of an illegal omission, that causes common injury, danger, or annoyance to the public or to people in general who live or occupy property in the vicinity.

The section also covers acts or illegal omissions that must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right, such as a public road or place. The law expressly states that a common nuisance is not excused on the ground that it causes some convenience or advantage. Section 270 BNS defines what constitutes a public nuisance, while the general punishment for public nuisance is provided in Section 292 BNS.

Ingredients of Section 270 BNS

  • Doing any act or being guilty of an illegal omission
  • Causing common injury, danger, or annoyance to the public or to people dwelling or occupying property in the vicinity
  • Or necessarily causing injury, obstruction, danger, or annoyance to persons using any public right

Punishment Under Section 270 BNS

Imprisonment

None. Section 270 BNS is a definition section and prescribes no sentence of imprisonment. Public nuisance is punished under Section 292 BNS.

Fine

None under Section 270 BNS. Section 292 BNS punishes public nuisance with a fine which may extend to one thousand rupees.

Section 270 BNS defines public nuisance without setting a punishment. Punishment is provided under Section 292 BNS, which prescribes a fine up to one thousand rupees.

Example of Section 270 BNS

Arjun operates an iron workshop beside a public road in Lucknow. He leaves heavy iron rods and scrap metal piled across the roadway and burns synthetic waste in the open every evening, filling the street and neighbouring houses with dense smoke. The obstruction and fumes endanger and annoy neighbouring residents and persons walking along the road. The act is a public nuisance as defined in Section 270 BNS, punishable under Section 292 BNS. Any convenience to his customers does not excuse the act.

When Section 270 BNS Does Not Apply

  • The act or omission neither caused any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, nor must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right
  • The conduct complained of was an omission, and the omission was not illegal

Section 270 BNS in the IPC (Previous Law)

Section 270 BNS replaces Section 268 IPC from the old criminal code.

Section 268 IPC defined public nuisance in two sentences. Section 270 BNS repeats the definition, joining the two sentences into one with the word but. Section 268 IPC prescribed no punishment, while Section 290 IPC punished public nuisance with fine up to two hundred rupees. Section 292 BNS raises that fine to one thousand rupees.

View IPC Section 268 →

FAQs on Section 270 BNS

What is public nuisance under Section 270 BNS?▼

Section 270 BNS covers an act or an illegal omission that causes common injury, danger or annoyance to the public or to people in general living or occupying property nearby. It also applies where the act or omission must necessarily cause injury, obstruction, danger or annoyance to people using a public right. The section also says a common nuisance is not excused just because it gives some convenience or advantage.

What has to be proved for public nuisance under Section 270 BNS?▼

It must be shown that the person did an act or was guilty of an illegal omission. It must also be shown that this caused, or must necessarily cause, common injury, danger, annoyance or obstruction to the public, nearby residents, or people using a public right. The focus is on harm affecting the public or people in general, not just a purely private dispute.

What punishment is given for public nuisance under Section 270 BNS?▼

Section 270 BNS defines what a public nuisance is and does not prescribe a punishment itself. Where no specific punishment is provided elsewhere in the Act, a public nuisance is punished under Section 292 BNS with a fine which may extend to one thousand rupees.

Under Section 270 BNS, can someone avoid liability by saying the act was useful or convenient to others?▼

No. Section 270 BNS clearly says a common nuisance is not excused on the ground that it causes some convenience or advantage. So even if some people benefit, that does not by itself remove liability if the act or illegal omission causes the kind of public harm described in the section.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·