What is IPC Section 290?
IPC Section 290 punishes committing a public nuisance in any case not otherwise made punishable by the Code. It functions as a legal "catch-all" — whenever an act causes common injury, danger, or annoyance to the public or to people in general who dwell or occupy property in the vicinity, and no more specific provision of the IPC already addresses that particular act, Section 290 fills the gap. Common real-world examples include blocking a public footpath or road with construction material, burning waste that produces smoke and discomfort in a crowded area, or persistent loud noise disturbing a residential neighbourhood.
Section 290 sits within Chapter XIV of the IPC ("Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals"). It must be read alongside Section 268, which defines "public nuisance" as an act or omission causing common injury, danger, or annoyance to the public, or to people dwelling or occupying property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use a public right.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 290 IPC now corresponds to Section 292 of the BNS, with the same overall structure, but the maximum fine has been increased from ₹200 to ₹1,000. FIRs/complaints registered before 1 July 2024 continue to be handled under IPC 290; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 290 IPC
This provision must be read together with Section 268 IPC, which defines "public nuisance," and the broader civil law remedies for public nuisance available under Section 133 of the CrPC (empowering a Magistrate to order removal of a nuisance) and under the law of torts and municipal regulations.
Punishment Under Section 290
| Punishment | Fine which may extend to ₹200 — no imprisonment is provided under this section |
|---|---|
| Nature of Offence | Non-cognizable — police cannot arrest without a warrant; a complaint before a Magistrate is generally required |
| Bailable / Non-Bailable | Bailable — bail is a matter of right in the rare event any custodial issue arises |
| Compoundable | Not compoundable |
| Triable By | Any Magistrate |
| Limitation Period | 6 months from the date of the offence under Section 468 CrPC |
Where a public nuisance continues after a public servant has ordered it to be discontinued, the separate offence under Section 291 (continuance of nuisance after injunction) applies, carrying a higher fine. Where the nuisance is severe enough, a person affected can also seek a civil remedy or a removal order under Section 133 CrPC (now the corresponding BNSS provision), independent of any criminal complaint.
Key Ingredients / Essential Elements
An act or omission constituting a "public nuisance"
The act must cause common injury, danger, or annoyance to the public, or to people dwelling or occupying property in the vicinity, as defined in Section 268.
Harm to the public generally, not just an individual
The nuisance must affect the public at large, or a section of the public, rather than being a purely private grievance between two individuals.
No other specific provision already applies
Section 290 is residual — if a more specific provision of the IPC (such as those dealing with adulteration of food, negligent conduct with animals, or obscene acts) already covers the act, that provision applies instead.
What Should You Do — For Complainants and For the Accused
If You Are Affected by a Public Nuisance
- Document the nuisance with photographs, videos, or witness statements from other affected residents or members of the public.
- Consider first approaching local municipal authorities, who often have the most direct power to order removal of the nuisance.
- File a complaint before the jurisdictional Magistrate under Section 200 CrPC (now BNSS), or seek an order under Section 133 CrPC for immediate removal of the nuisance.
If a Complaint Is Filed Against You
- Given the very modest fine involved, most such matters can be resolved cooperatively by voluntarily addressing the nuisance.
- Gather evidence showing the alleged act did not genuinely affect the public at large, or was a purely private dispute between neighbours.
- Comply promptly with any order to discontinue the nuisance, since continuing after such an order attracts the more serious Section 291.
Complaint & Process Under Section 290
Filing the Complaint
Since Section 290 is non-cognizable, a complaint is generally filed directly before a Magistrate under Section 200 CrPC (now BNSS).
Magistrate's Inquiry
The Magistrate examines whether the act genuinely amounts to a public nuisance under Section 268, and whether a more specific IPC provision already applies instead.
Order & Fine
If established, the Magistrate imposes the applicable fine (up to ₹200 under the IPC, or up to ₹1,000 under the BNS).
Parallel Civil/Municipal Remedy
Independently of the criminal complaint, the affected person can also seek removal of the nuisance through a Section 133 CrPC application or local municipal action.
Important / Landmark Cases on Section 290
Municipal Council, Ratlam v. Vardhichand & Ors., (1980) 4 SCC 162
Though primarily concerning a Magistrate's power to order removal of a nuisance under Section 133 CrPC, this landmark case established that a public authority's plea of financial inability does not excuse it from taking steps to abate a public nuisance affecting the health and welfare of residents.
Gobind Singh v. Shanti Swarup
In a case involving an application under Section 133 CrPC, a baker's chimney and oven were found to be causing smoke and discomfort to a neighbour, illustrating the kind of everyday, localised nuisance that Section 290 and its related civil remedies are designed to address.
Section 290 Is a Residual, Fallback Provision
Courts have consistently emphasised that Section 290 applies only where the act in question is not already covered by a more specific provision of the IPC — it exists to ensure no genuine act of public nuisance escapes punishment entirely, however minor.