Section 280 BNS: Making atmosphere noxious to health

Section 280 of the Bharatiya Nyaya Sanhita (BNS) deals with acts that make the air in any place harmful to the health of people in general living or carrying on business in the neighbourhood or passing along a public way. It applies where a person voluntarily vitiates the atmosphere so as to make it noxious to health, such as by releasing smoke, fumes, dust, or other harmful emissions in a way that affects the public. The focus is on the effect on public health, not on private annoyance alone. This section is often relevant in industrial, commercial, and neighbourhood disputes.

For example, a factory, workshop, kiln, or even a household activity may attract liability if it voluntarily creates unhealthy air for nearby residents, businesses, or road users. The law is meant to protect people from avoidable exposure to harmful air. In practice, complaints under this section are usually supported by inspection reports, witness statements, photographs, or expert evidence showing that the air conditions were made noxious to health.

Section 280 BNS replaces Section 278 IPC from the old criminal code.

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.