Section 278 IPC: Making atmosphere noxious to health

Indian Penal Code, 1860

Section 278 IPC at a Glance

Section 278 IPC deals with making atmosphere noxious to health. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 280 BNS.

Punishment

None. The section prescribes fine only.

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

Section 280 →

Section 278 IPC Bare Act Text

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.

Source: Section 278, Indian Penal Code, 1860

Section 278 IPC in Simple Words

Section 278 of the Indian Penal Code (IPC) punishes 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.

The punishment under the IPC is fine which may extend to five hundred rupees.

Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 278 IPC

  • Voluntarily vitiating the atmosphere in any place
  • The vitiation makes the atmosphere noxious to health
  • The harm affects persons in general dwelling or carrying on business in the neighbourhood or passing along a public way

Punishment Under Section 278 IPC

Imprisonment

None. The section prescribes fine only.

Fine

Fine which may extend to five hundred rupees.

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

Making the atmosphere noxious to health is punishable with fine only, which may extend to five hundred rupees.

Example of Section 278 IPC

In 2016, Rajendra operated a metal pickling workshop beside a residential colony and public road in Jalandhar. To avoid paying for exhaust scrubbers, he voluntarily vented untreated nitric acid fumes and chlorine gas directly into the open air every afternoon. These toxic emissions vitiated the atmosphere and made the air noxious to the health of people in general dwelling in the nearby houses, carrying on business in neighbourhood offices, and passing along the adjacent public way, causing breathing distress. Rajendra is punishable under Section 278 IPC.

When Section 278 IPC Does Not Apply

  • Section 278 IPC does not apply when fumes escape because of an unforeseen equipment rupture rather than a voluntary act.
  • Section 278 IPC does not apply if the odour released into the air is merely unpleasant to smell without being noxious to human health.
  • Section 278 IPC does not apply where the polluted air stays inside a closed private room and does not affect persons in general living or working in the neighbourhood or using a public way.

Section 278 IPC in the BNS

Section 278 IPC is now covered under Section 280 BNS.

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.

View detailed comparison (IPC 278 vs BNS 280) →

FAQs on Section 278 IPC

What does Section 278 IPC punish?▼

It punishes voluntarily vitiating the atmosphere in any place so as to make it noxious to the health of persons in general in the neighbourhood or passing along a public way.

What is the punishment under Section 278 IPC?▼

Fine which may extend to five hundred rupees.

Does Section 278 IPC prescribe imprisonment?▼

No. The offence is punishable with fine only under both Section 278 IPC and Section 280 BNS.

What fine is prescribed under Section 280 BNS compared to Section 278 IPC?▼

Section 278 IPC capped the fine at five hundred rupees. Section 280 BNS raises the maximum fine to one thousand rupees.

Is Section 278 IPC bailable?▼

Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 278 IPC is bailable and non-cognizable.

Which court tries an offence under Section 278 IPC?▼

It is triable by any Magistrate.

Can an offence under Section 278 IPC be compounded?▼

No. Section 278 IPC is not compoundable under Section 320 CrPC.

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