Section 268 IPC: Public nuisance

Indian Penal Code, 1860

Section 268 IPC at a Glance

Section 268 IPC deals with public nuisance. From 1 July 2024 it is replaced by Section 270 BNS.

Punishment

None. Section 268 IPC defines public nuisance and prescribes no punishment of its own.

BNS Equivalent

Section 270 →

Section 268 IPC Bare Act Text

268. 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. A common nuisance is not excused on the ground that it causes some convenience or advantage.

Source: Section 268, Indian Penal Code, 1860

Section 268 IPC in Simple Words

Section 268 of the Indian Penal Code (IPC) defines public nuisance. A person commits public nuisance by doing any act or by an illegal omission that causes common injury, danger, or annoyance to the public, or to people in general who dwell or occupy property in the vicinity, or that must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.

The section provides that a common nuisance is not excused on the ground that it causes some convenience or advantage. Section 268 IPC is a definition and prescribes no punishment of its own.

Ingredients of Section 268 IPC

  • Doing an act, or being guilty of an illegal omission
  • The act or omission causes common injury, danger, or annoyance to the public or to people in general dwelling or occupying property in the vicinity
  • Alternatively, the act or omission must necessarily cause injury, obstruction, danger, or annoyance to persons having occasion to use any public right

Punishment Under Section 268 IPC

Imprisonment

None. Section 268 IPC defines public nuisance and prescribes no punishment of its own.

Fine

None under this section. A public nuisance not otherwise punishable by the Code is punished under Section 290 IPC with fine which may extend to two hundred rupees.

Section 268 IPC is a definition section. A public nuisance not otherwise punishable by the Code is punished under Section 290 IPC with fine of up to two hundred rupees.

Example of Section 268 IPC

In 2016, Bhaskar operated a leather tannery in Vellore next to a residential lane and a public footpath leading to a bus stand. He discharged untreated chemical effluent into an open trench across the footpath and failed to clear rotting hides despite a municipal duty to do so. The foul stench and slippery effluent caused common danger and annoyance to nearby residents and necessarily obstructed and endangered pedestrians using the footpath, even though the tannery provided cheap footwear locally. Bhaskar is guilty of a public nuisance under Section 268 IPC.

When Section 268 IPC Does Not Apply

  • The conduct affected only a single private individual and caused no common injury, danger, or annoyance to the public or to people living in the neighbourhood.
  • The act did not necessarily cause any injury, obstruction, danger, or annoyance to persons exercising a public right.
  • The complaint arose from an omission where the person was under no legal duty to act, so there was no illegal omission.

Section 268 IPC in the BNS

Section 268 IPC is now covered under Section 270 BNS.

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 detailed comparison (IPC 268 vs BNS 270) →

FAQs on Section 268 IPC

What does Section 268 IPC define?▼

It defines public nuisance as an act or illegal omission causing common injury, danger, or annoyance to the public, or to people dwelling nearby, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

Does Section 268 IPC prescribe a punishment?▼

No. Section 268 IPC is a definition. Public nuisance is punished under Section 290 IPC, which is now Section 292 BNS.

Under Section 268 IPC, can a public nuisance be excused because it provides some public convenience?▼

No. Section 268 IPC expressly states that a common nuisance is not excused on the ground that it causes some convenience or advantage.

Is Section 268 IPC bailable or cognizable?▼

Section 268 IPC has no First Schedule entry because it is a definition. The punishing provision in Section 290 IPC is non-cognizable and bailable.

Which court tries a public nuisance defined under Section 268 IPC?▼

Under the First Schedule to the Code of Criminal Procedure, the punishing provision in Section 290 IPC is triable by any Magistrate.

Can public nuisance under Section 268 IPC be compounded?▼

No. Neither Section 268 IPC nor Section 290 IPC is compoundable under Section 320 CrPC.

Where is Section 268 IPC located in the Bharatiya Nyaya Sanhita?▼

It is Section 270 BNS, in Chapter XV.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·