Section 279 BNS: Fouling water of public spring or reservoir

Bharatiya Nyaya Sanhita, 2023

Section 279 BNS at a Glance

Section 279 BNS deals with fouling water of public spring or reservoir. It is bailable and cognizable, triable by any Magistrate; it replaced Section 277 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to six months under Section 279 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 277 →

Section 279 BNS Bare Act Text

279. Fouling water of public spring or reservoir

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Source: Section 279, Bharatiya Nyaya Sanhita, 2023

Section 279 BNS in Simple Words

Section 279 of the Bharatiya Nyaya Sanhita (BNS) deals with voluntarily corrupting or fouling the water of any public spring or reservoir so as to make it less fit for the purpose for which it is ordinarily used. The provision is meant to protect shared public water sources from contamination and preserve them for community use.

To attract this section, the act must be done voluntarily and must involve a public spring or reservoir rather than a private water source. Complete destruction of the water utility is not required; it is enough if the water is made less fit for its ordinary use, such as drinking, washing, or domestic purposes.

A person who commits this offence is punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Ingredients of Section 279 BNS

  • Voluntarily corrupting or fouling the water of a public spring or reservoir
  • Rendering the public water source less fit for its ordinary use

Punishment Under Section 279 BNS

Imprisonment

Imprisonment of either description for a term which may extend to six months under Section 279 BNS.

Fine

Fine which may extend to five thousand rupees under Section 279 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 279 BNS punishes voluntarily corrupting or fouling the water of a public spring or reservoir with imprisonment of either description for up to six months, or fine up to five thousand rupees, or both.

Example of Section 279 BNS

Vijay runs an auto repair workshop near a municipal water reservoir in Solapur used by local residents for domestic washing and bathing. After cleaning diesel engines, Vijay dumps barrels of toxic industrial grease and battery acid into the open reservoir, turning the water dark and greasy and rendering it unfit for domestic use. Vijay acts voluntarily and fouls the water of a public reservoir. Vijay is liable under Section 279 BNS.

When Section 279 BNS Does Not Apply

  • The water was not corrupted or fouled voluntarily
  • The water source was a private well or cistern rather than a public spring or reservoir
  • The act did not render the water less fit for the purpose for which it is ordinarily used

Section 279 BNS in the IPC (Previous Law)

Section 279 BNS replaces Section 277 IPC from the old criminal code.

Section 277 IPC is now Section 279 BNS. The statutory definition of the offence remains unchanged, but the punishment has been increased in both limbs: the maximum term of imprisonment has increased from three months to six months, and the maximum fine has been raised from five hundred rupees to five thousand rupees.

View IPC Section 277 →

FAQs on Section 279 BNS

What does Section 279 of the Bharatiya Nyaya Sanhita cover?▼

Section 279 BNS covers voluntarily corrupting or fouling the water of any public spring or reservoir. The act must make the water less fit for the purpose for which it is ordinarily used.

What has to be proved under Section 279 BNS?▼

It has to be shown that the person voluntarily corrupted or fouled the water. It also has to be shown that the water was of a public spring or reservoir, and that the act made it less fit for its ordinary use.

Is Section 279 BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment for fouling a public spring or reservoir under Section 279 BNS?▼

The punishment under Section 279 BNS may extend to six months' imprisonment, or fine up to five thousand rupees, or both. The exact punishment depends on the facts of the case.

Does Section 279 BNS apply to private water tanks or only public water sources?▼

The text specifically mentions a public spring or reservoir. So this section is aimed at fouling water in a public water source, not every private water storage place.

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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 ·