Guarding the Common Good
Public health, safety, convenience, decency and morals are the foundation of a well-functioning society. When these values are disturbed, it does not just harm one individual but affects the entire community. The Bharatiya Nyaya Sanhita, 2023 (BNS) has laid down specific provisions and offences to deal with such wrongs ensuring that no act or omission causes danger, nuisance or harm to the public at large. These provisions cover a wide range of issues, from public nuisances and unsafe practices to acts that disturb the peace, decency and moral fabric of society. The aim is simple which is to protect the collective well-being of people and to maintain order and harmony in daily life.
What is a public nuisance?
A public nuisance happens when a person does something or fails to do something that he is legally required to do, which causes common injury, danger, or annoyance to the general public or to people living nearby. It can also mean causing obstruction or danger to people who use public rights. Even if it gives some benefit or convenience, it is still considered a nuisance.
What happens if someone negligently spreads a disease dangerous to life?
If a person carelessly or unlawfully does something which he knows, or has reason to believe, could spread a life-threatening disease, he can be punished with jail up to 6 months, or a fine, or both.
What happens if someone deliberately spreads such a disease?
If a person intentionally and maliciously does something that could spread a dangerous disease, he can be punished with jail up to 2 years, or a fine, or both.
What if someone disobeys quarantine rules?
If a person knowingly disobeys government rules about quarantine of transport or movement between infected and non-infected areas, he can face jail up to 6 months, or a fine, or both.
What is the punishment for adulterating food or drink meant for sale?
If someone mixes harmful substances in food or drink to make it dangerous and then intends to sell it, or knows it is likely to be sold, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone sells food or drink that is noxious or unfit?
Anyone who sells or offers for sale food or drink that has become harmful or unfit, knowing this fact, can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone adulterates medicines or drugs?
If a person adulterates a drug in such a way that its effect is reduced, changed, or made harmful, and still intends or knows it will be sold for medical use, he can face jail up to 1 year, or a fine up to Rs. 5,000, or both.
What if someone sells adulterated drugs knowingly?
If a person knowingly sells or distributes adulterated drugs or gives them out as unadulterated, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone sells a drug as another drug?
If someone knowingly sells or distributes a drug by passing it off as another drug, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What is the punishment for fouling public water?
If a person pollutes water in a public spring or reservoir so that it becomes less fit for its usual purpose, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone makes the atmosphere harmful to health?
Anyone who deliberately makes the air harmful in a way that affects public health in an area can be fined up to Rs. 1,000.
What if someone drives or rides rashly on a public road?
Driving or riding in a rash or negligent way that endangers life or is likely to cause injury can lead to jail up to 6 months, or a fine up to Rs. 1,000, or both.
What if someone navigates a vessel rashly?
If a person navigates a vessel rashly or negligently, endangering lives, he can face jail up to 6 months, or a fine up to Rs. 10,000, or both.
What if someone shows false lights, marks, or buoys to mislead ships?
Exhibiting a false signal to mislead navigators can lead to jail up to 7 years and a fine not less than Rs. 10,000.
What if someone carries passengers in an unsafe or overloaded boat?
Knowingly or negligently carrying people in such vessels can lead to jail up to 6 months, or a fine up to Rs. 5,000, or both. In V.R. Bhate v. State of Maharashtra, the court held that owners could not be punished when a launch capsized due to a sudden rush of passengers, not because of negligence.
What if someone causes danger or obstruction on public roads or waterways?
Anyone causing obstruction, injury, or danger on public paths or waterways can be fined up to Rs. 5,000.
What if someone handles poisonous substances negligently?
Careless handling of poisonous substances that could endanger life or cause injury can lead to jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone is negligent with fire or combustible materials?
If a person handles fire or combustible matter carelessly, endangering life, he can face jail up to 6 months, or a fine up to Rs. 2,000, or both.
What if someone is negligent with explosives?
Careless handling of explosives that endangers life can lead to jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone is negligent with machinery?
If machinery is used or maintained carelessly, endangering life, the person responsible can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone is negligent during construction or demolition of buildings?
If a person fails to take safety measures while constructing or demolishing buildings and endangers life, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What if someone is negligent with animals?
If an owner fails to control an animal in his possession and it endangers life or may cause serious injury, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
What is the punishment for public nuisance when no specific punishment is provided?
The person can be fined up to Rs. 1,000.
What if someone continues a nuisance despite being ordered to stop?
If a person continues a nuisance after being directed by an authorised public servant to stop, he can face jail up to 6 months, or a fine up to Rs. 5,000, or both.
When is something considered obscene?
A book, picture, video, or object is obscene if it is sexually offensive, appeals to lustful interests, or tends to corrupt and deprave people likely to view it.
What is the punishment for selling or circulating obscene material?
On first conviction: jail up to 2 years and fine up to Rs. 5,000. On second or later conviction: jail up to 5 years and fine up to Rs. 10,000.
Are there exceptions for what is not considered obscene?
Yes. Obscenity law does not apply to:
Works justified for public good (science, literature, art, learning, general concern).
Items used genuinely for religious purposes.
Representations on ancient monuments or temples.
What if obscene material is sold to children?
On first conviction: jail up to 3 years and fine up to Rs. 2,000. On second or later conviction: jail up to 7 years and fine up to Rs. 5,000.
What if someone does obscene acts or sings obscene songs in public?
Anyone doing obscene acts or singing/reciting obscene songs in public places to the annoyance of others, can face jail up to 3 months, or a fine up to Rs. 1,000, or both.
What happens if someone runs an unauthorised lottery office?
If a person runs a lottery office not authorised by the State, he can face jail up to 6 months, or a fine, or both.
What happens if someone publishes proposals related to such lotteries?
Publishing proposals for unauthorised lotteries can lead to a fine up to Rs. 5,000.
Therefore, the offences relating to public health, safety, convenience, decency and morals remind us that individual actions often have a larger impact on the community. By penalizing such acts, the BNS seeks to strike a balance between personal freedom and social responsibility. These laws are not just about punishment but about creating awareness that public spaces, health and morals are shared resources which everyone must respect. These provisions serve as a safeguard to ensure that society remains safe, healthy and dignified for all.
Muneeb Rashid Malik is an Advocate.
He tweets @muneebmalikrash.
