Section 291 IPC: Continuance of nuisance after injunction to discontinue

Indian Penal Code, 1860

Section 291 IPC at a Glance

Section 291 IPC deals with continuance of nuisance after injunction to discontinue. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 293 BNS.

Punishment

Simple imprisonment for a term which may extend to six months, or fine, or both.

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

Section 293 →

Section 291 IPC Bare Act Text

291. Continuance of nuisance after injunction to discontinue

Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

Source: Section 291, Indian Penal Code, 1860

Section 291 IPC in Simple Words

Section 291 of the Indian Penal Code (IPC) punishes whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance.

The punishment under the IPC is simple imprisonment for a term which may extend to six months, or with fine, or with both.

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

Ingredients of Section 291 IPC

  • The commission of a public nuisance
  • An injunction issued by a public servant having lawful authority not to repeat or continue that nuisance
  • The accused repeated or continued that public nuisance after being so enjoined

Punishment Under Section 291 IPC

Imprisonment

Simple imprisonment for a term which may extend to six months, or fine, or both.

Fine

Fine with no fixed limit, alone or with imprisonment.

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

Continuing a public nuisance after an injunction to discontinue it is punishable with simple imprisonment for up to six months, or with fine, or with both.

Example of Section 291 IPC

In 2017, Rajendra ran a dyeing unit in Kanpur that discharged foul untreated waste into an open roadside channel, causing a public nuisance to people in the locality. A municipal commissioner, being a public servant with lawful authority to issue such an injunction, enjoined Rajendra not to repeat or continue that public nuisance. Despite the injunction, Rajendra continued discharging the waste into the channel the following week. Because Rajendra repeated and continued a public nuisance after being lawfully enjoined by a public servant not to do so, Rajendra is punishable under Section 291 IPC.

When Section 291 IPC Does Not Apply

  • Section 291 IPC does not apply when the dispute involves only a private grievance rather than a public nuisance.
  • Section 291 IPC does not apply if no public servant possessing lawful authority has enjoined the person from repeating or continuing the nuisance.
  • Section 291 IPC does not apply when the person obeys the injunction and stops the public nuisance without repeating or continuing it.

Section 291 IPC in the BNS

Section 291 IPC is now covered under Section 293 BNS.

Section 291 IPC corresponds to Section 293 BNS. The definition of the offence and the simple imprisonment term of up to six months remain unchanged. While Section 291 IPC specified no upper limit on the fine, Section 293 BNS prescribes a fine which may extend to five thousand rupees.

View detailed comparison (IPC 291 vs BNS 293) →

FAQs on Section 291 IPC

What does Section 291 IPC punish?▼

Section 291 IPC punishes whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance.

What is the punishment under Section 291 IPC?▼

The punishment under Section 291 IPC is simple imprisonment for a term which may extend to six months, or with fine, or with both.

What is the punishment under Section 293 BNS?▼

The punishment under Section 293 BNS is simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

What is the essential prerequisite for an offence under Section 291 IPC?▼

There must be a prior injunction issued by a public servant possessing lawful authority commanding the person not to repeat or continue a public nuisance, followed by disobedience through repetition or continuance.

Is the imprisonment under Section 291 IPC simple or rigorous?▼

The statute specifically prescribes simple imprisonment for a term which may extend to six months, not rigorous imprisonment.

Is Section 291 IPC bailable and cognizable?▼

Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 291 IPC is cognizable, bailable, and triable by any Magistrate.

Can an offence under Section 291 IPC be compounded?▼

No. Section 291 IPC is not compoundable under Section 320 of the Code of Criminal Procedure.

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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 ·