The Bharatiya Nyaya Sanhita, 2023 (BNSS) includes several crucial chapters, among which the provisions on Offences Affecting Public Health, Safety, Convenience, Decency, and Morals stand out for their role in safeguarding collective well-being. These offences underscore the State’s duty to uphold public order and maintain societal norms.
These provisions are designed to regulate behaviours that may not cause direct harm to individuals but have the potential to impact society at large negatively. They address issues such as public nuisance, obscenity, negligence, and breaches of public health and safety standards, reflecting the legal system’s commitment to communal welfare.
Under the Bharatiya Nyaya Sanhita, 2023 (BNSS), the provisions relating to offences affecting the public health, safety, convenience, decency and morals are codified in Chapter XV.
Public Nuisance (Section 270)
Public nuisance under Section 270 of the Bharatiya Nyaya Sanhita refers to any act or illegal omission that causes injury, danger, obstruction, or annoyance to the general public, nearby residents, or users of public spaces. It applies whether the harm is physical, environmental, or disruptive to public comfort or safety.
Key Points:
- Includes both harmful actions (e.g., dumping waste) and failures to act (e.g., not securing an open well).
- Affects public health, convenience, or the use of public rights like roads or footpaths.
- Cannot be justified even if it brings some benefit or convenience.
Examples: Burning garbage in a neighbourhood.
Purpose: To ensure public safety and prevent disturbances that affect the collective rights of the community.
In K. Ramakrishnan & Anr. v. State of Kerala & Ors. (1999), the Kerala High Court declared public smoking of tobacco products unconstitutional and violative of Article 21, recognising it as a form of public nuisance under Section 268 IPC (now Section 270 BNS).
The Court highlighted the dangers of passive smoking and held that exposing non-smokers to environmental tobacco smoke infringes their right to life and a pollution-free environment. It directed District Collectors to issue conditional orders under Section 133 CrPC (now Section 152 BNSS) banning public smoking, and instructed police authorities to prosecute violators. The judgment affirmed the State’s duty to enforce existing laws to safeguard public health and dignity.
Negligent Act Likely to Spread Infection of Disease Dangerous to Life (Section 271)
Section 271 of the Bharatiya Nyaya Sanhita penalises any person who, through an unlawful or negligent act, causes or is likely to cause the spread of a dangerous infectious disease. For this provision to apply, it is essential that the person either knew or had sufficient reason to believe that their act could spread an infection that poses a serious threat to human life.
The section focuses on two key aspects: the nature of the act (being unlawful or negligent), and the knowledge or reasonable belief of the person regarding its consequences. It covers a wide range of behaviour, from deliberately violating quarantine or isolation guidelines to carelessly exposing others to infection in public spaces.
Importantly, the disease in question must be of a type that is dangerous to life, such as COVID-19, tuberculosis, or any similar life-threatening contagious illness. The provision ensures that individuals are held accountable not only for intentional acts but also for careless conduct that risks public health.
The punishment for committing such an offence may include imprisonment of up to six months, a fine, or both. This provision acts as a preventive measure to discourage reckless or irresponsible behaviour during disease outbreaks and to ensure that the safety and health of the community are protected.
Malignant Act Likely to Spread Infection of Disease Dangerous to Life (Section 272)
Section 272 of the Bharatiya Nyaya Sanhita deals with acts done with malicious or wrongful intent that may spread a life-threatening infectious disease. According to this provision, if a person malignantly does any act which is, and which they know or have reason to believe, likely to spread the infection of a dangerous disease, they shall be punished with imprisonment up to two years, or with fine, or both.
The term “malignantly” here is important—it means the act is done deliberately and with ill intent, as opposed to being merely negligent or careless (which is dealt with under Section 271). This section applies in situations where the person’s conduct is not only risky but is done intentionally to cause harm or create danger to others.
This provision serves a deterrent purpose, especially during epidemics or public health crises, by targeting those who act with malicious intent to endanger others. The law recognises such conduct as more serious than negligence, thus prescribing a higher punishment—up to two years’ imprisonment.
Disobedience to the Quarantine Rule (Section 273)
Section 273 of the Bharatiya Nyaya Sanhita deals with the violation of quarantine-related rules issued by the Government, especially in the context of controlling the spread of infectious diseases. It states that if a person knowingly disobeys any rule made by the Government relating to:
- Placing a mode of transport (like ships, trains, vehicles, or aircraft) into a state of quarantine,
- Regulating how such quarantined transport may interact with other transport or people, or
- Controlling movement between infected areas and unaffected areas,
then that person is liable to punishment with imprisonment up to six months, or with fine, or with both.
This provision aims to ensure strict compliance with government rules during outbreaks or epidemics, particularly regarding transportation, which is a major means of disease transmission.
For example, if a person is aware that a bus or train has been placed under quarantine, and still tries to move it or use it in violation of the rules, they can be punished under this section.
The purpose of Section 273 is to prevent the spread of contagious diseases by ensuring that people respect and follow quarantine measures, especially where transport and movement between regions are involved.
Adulteration of Food or Drink Intended for Sale (Section 274)
Section 274 penalises anyone who adulterates—that is, mixes or alters—any item of food or drink in such a way that it becomes noxious, meaning harmful, toxic, or unfit for human consumption. The law is particularly concerned with cases where the person does this with the intention to sell the adulterated item as food or drink, or even if they know or have reason to believe that it is likely to be sold for that purpose.
This provision covers both intentional acts of food adulteration and those done with reckless disregard for public health, especially when the product is meant for human use. The key concern is the safety and well-being of consumers, and the law ensures that individuals who tamper with food and beverages are held accountable.
The punishment for committing such an offence is imprisonment of either description (i.e., simple or rigorous imprisonment) for a term that may extend to six months, or a fine that may go up to five thousand rupees, or both.
This section is crucial for maintaining public health standards and ensuring that food and drink available in the market are safe and uncontaminated. It acts as a deterrent against the use of harmful substances in consumable products, protecting consumers from potential illness or harm.
Sale of Noxious Food or Drink (Section 275)
Section 275 addresses the offence of selling or offering harmful food or drink. According to this provision, any person who sells, or offers for sale, or even exposes (displays) for sale, any article meant to be consumed as food or drink, which has been rendered harmful (noxious) or has become unfit for human consumption, is liable for punishment. The key element here is that the person must know, or have reason to believe, that the item is unsafe for consumption.
In other words, this section punishes not just the actual sale but also the attempt to sell or display such unfit or harmful food or beverages. The law applies when the food or drink is:
- Spoiled or decayed,
- Contaminated with harmful substances,
- Stored in unhygienic conditions making it unsafe to consume, or
- Otherwise rendered dangerous for health.
The offence is punishable with imprisonment (of either simple or rigorous kind) for a term that may extend up to six months, or a fine up to ₹5,000, or both. This section ensures that people selling food or drink uphold public health standards. It deters vendors and sellers from supplying unsafe, spoiled, or knowingly contaminated consumables.
Adulteration of Drugs or Medical Preparations (Section 276)
Any person who alters or tampers with any drug or medical preparation in a way that either reduces its effectiveness, changes how it works, or makes it harmful (noxious), with the intention that it will be sold or used for medicinal purposes, or knowing that it is likely to be used as if it were unaltered, shall be held guilty of an offence.
Such adulteration can mislead doctors, pharmacists, and patients, posing a serious risk to health and life. The law applies whether the intent was to deceive or whether the person knew it was likely the altered drug would be used as medicine.
The punishment for this offence is imprisonment of either kind (simple or rigorous) for up to one year, or a fine up to ₹5,000, or both.
Sale of Adulterated Drugs or Medical Preparations (Section 277)
Any person who knowingly sells, offers for sale, distributes from a dispensary, or causes someone to use any drug or medical preparation that has been adulterated in a way that:
- Reduces its effectiveness,
- Alters its intended action, or
- Makes it harmful or toxic (noxious),
and does so as if the drug were pure and unaltered, shall be punished under this section.
This law applies even if the drug is not directly sold but is issued or administered to someone who is unaware of its adulteration. The intent is to protect patients and consumers from being exposed to dangerous or ineffective medicines.
The punishment for such an offence includes imprisonment of either description (simple or rigorous) for up to six months, or a fine up to ₹5,000, or both.
Sale of Drug as a Different Drug or Preparation (Section 278)
Any person who knowingly sells, offers for sale, displays for sale, or issues from a dispensary for medicinal use any drug or medical preparation by falsely representing it as a different drug or preparation, shall be guilty of an offence.
This means if someone intentionally mislabels or misrepresents a medicine—giving or selling it as something else—they can be held criminally liable.
Such an act is punishable with imprisonment of either kind (simple or rigorous) for a term of up to six months, or with a fine up to ₹5,000, or both.
Fouling Water of Public Spring or Reservoir (Section 279)
Any person who intentionally pollutes or contaminates the water of any public spring or reservoir, making it less suitable for its usual purpose—such as drinking, bathing, or irrigation—shall be guilty of an offence.
This offence covers acts like dumping waste, chemicals, or any harmful substances into public water sources that are meant for general community use.
The punishment for such an act is imprisonment of either kind (simple or rigorous) for a term of up to six months, or a fine up to ₹5,000, or both.
Making Atmosphere Noxious to Health (Section 280)
As per Section 280, Any person who intentionally pollutes or contaminates the air in a way that makes it harmful to the health of people living, working nearby, or passing through a public area, shall be punished.
The act must be done voluntarily and should result in the atmosphere becoming noxious—that is, unpleasant, harmful, or dangerous to health.
The punishment for this offence is a fine up to ₹1,000.
Rash Driving or Riding on a Public Way (Section 281)
According to Section 281 of the Bharatiya Nyaya Sanhita, any person who drives a vehicle or rides on a public road in a manner that is rash or negligent, and which is likely to endanger human life or cause hurt or injury to another person, is liable for punishment.
This section targets reckless behaviour on public roads, such as over-speeding, weaving through traffic, ignoring traffic signals, or riding carelessly without regard for the safety of others.
The punishment for such an offence includes:
- Imprisonment (simple or rigorous) for up to six months, or
- Fine up to ₹1,000, or
- Both.
In State by J.C. Nagar P.S., Bangalore v. Santanam (1997), the Karnataka High Court partly allowed the State’s appeal against the acquittal of the respondent, a military truck driver accused of rash and negligent driving. The respondent had driven the vehicle in an uncontrolled manner under the influence of alcohol, causing three separate accidents — including the death of a moped rider and damage to an autorickshaw and public property.While the trial court had acquitted him of all charges due to lack of medical and corroborative evidence, the High Court found sufficient eyewitness and mechanical inspection evidence to convict him under Section 279 IPC (rash and negligent driving) (now Section 281). He was sentenced to six months’ simple imprisonment, ₹1,000 fine, and two months’ imprisonment in default. The court directed the judgment be sent to the military authorities.
Rash Navigation of Vessel (Section 282)
Section 282 says that any person who navigates a vessel in a manner that is so rash or negligent that it endangers human life or is likely to cause hurt or injury to another person shall be punished.
The punishment for such an offence may include imprisonment of either description (simple or rigorous) for a term of up to six months, or a fine up to ₹10,000, or both.
This provision is intended to ensure safe and responsible navigation of watercraft and to prevent accidents caused by careless or reckless handling of vessels.
Exhibition of False Light, Mark, or Buoy (Section 283)
Section 283 states that any person who displays a false light, mark, or buoy, with the intention to mislead navigators, or knowing that it is likely to mislead them, shall be held criminally liable.
Such an act is considered extremely serious because it can misguide vessels, leading to accidents, collisions, or shipwrecks.
The punishment for this offence includes:
- Imprisonment of either description (simple or rigorous) for a term that may extend up to seven years, and
- A fine which shall not be less than ₹10,000.
This provision is meant to ensure maritime safety and prevent the deliberate endangering of vessels through deceptive signals or markers.
Conveying Person by Water for Hire in Unsafe or Overloaded Vessel (Section 284)
Section 284 penalises any person who knowingly or negligently transports (or causes to be transported) a person by water for hire in a vessel that is either unsafe or overloaded, in a manner that endangers the life of that person.
This means that if someone operates or arranges for a boat or other watercraft to carry passengers for money—while knowing that the vessel is not seaworthy, damaged, poorly maintained, or loaded beyond its safe capacity—and this puts lives at risk, they can be held criminally liable.
Even if the person did not know, but was negligent in ensuring the safety of the vessel before transporting passengers, this section still applies.
Punishment under this section includes:
- Imprisonment (simple or rigorous) for a term of up to six months, or
- A fine up to ₹5,000, or
- Both.
This provision aims to protect the lives of passengers travelling by water and to hold accountable those who operate unsafe or overloaded vessels, especially when doing so for commercial gain. It promotes safety standards in inland and coastal water transport.
Danger or Obstruction in Public Way or Line of Navigation (Section 285)
Section 285 states that any person who either:
- Does any act, or
- Fails to take proper care of any property under their possession or control,
in such a way that it causes danger, obstruction, or injury to others using a public road or public waterway, shall be punished.
This includes actions like leaving construction materials on a public road, not securing loose objects that fall into public spaces, or allowing trees or structures to block a navigation route or footpath.
The punishment for such an offence is a fine up to ₹5,000.
This provision ensures that public roads and waterways remain safe and unobstructed, and places responsibility on individuals to manage their property so it does not endanger or inconvenience the public. It promotes civic responsibility and public safety.
Negligent Handling of Poisonous Substances (Section 286)
Anyone who rashly or negligently handles a poisonous substance in a way that endangers human life or is likely to cause injury, or fails to take proper precautions to prevent harm from a poisonous substance in their possession, shall be punished.
Punishment: Imprisonment up to 6 months, or fine up to ₹5,000, or both.
Negligent Conduct with Respect to Fire or Combustible Matter (Section 287)
Applies to rash or negligent acts involving fire or combustible materials.
Also includes failure to take precautions when such materials are in one’s possession.
Punishment: Imprisonment up to 6 months, or fine up to ₹2,000, or both.
Negligent Conduct with Respect to Explosive Substances (Section 288)
- Covers rash or negligent acts involving explosives.
- Includes negligent storage or handling of explosive substances.
- Punishment: Imprisonment up to 6 months, or fine up to ₹5,000, or both.
Negligent Conduct with Respect to Machinery (Section 289)
- Applies to reckless or negligent use or maintenance of machinery.
- Includes failure to ensure safety in operation or supervision of machines.
- Punishment: Imprisonment up to 6 months, or fine up to ₹5,000, or both.
Negligent Conduct During Construction, Repair, or Demolition (Section 290)
- Applies to negligence while pulling down, repairing, or constructing buildings.
- Involves failure to prevent danger to human life from falling structures.
- Punishment: Imprisonment up to 6 months, or fine up to ₹5,000, or both.
Negligent Conduct with Respect to Animals (Section 291)
- Punishes failure to take proper precautions with animals in one’s possession.
- If such negligence causes danger to human life or risk of grievous hurt.
Punishment: Imprisonment up to 6 months, or fine up to ₹5,000, or both.
Public Nuisance (General) (Section 292)
Penalises commission of a public nuisance not specifically covered elsewhere.
Punishment: Fine up to ₹1,000.
Continuation of Public Nuisance After Warning (Section 293)
Applies when someone repeats or continues a public nuisance after being lawfully instructed to stop by a public servant.
Punishment: Simple imprisonment up to 6 months, or fine up to ₹5,000, or both.
Dealing with Obscene Material (Section 294)
Defines obscene objects as those appealing to lasciviousness or corrupting influence.
Penalises:
- Selling, hiring, distributing, or exhibiting obscene objects (including digital content).
- Importing/exporting or advertising such materials.
- Receiving profits from such business.
First offence: Imprisonment up to 2 years, fine up to ₹5,000.
Subsequent offence: Imprisonment up to 5 years, fine up to ₹10,000.
Exceptions: Materials used for public good, science, literature, religion, or ancient art.
Sale of Obscene Material to Children (Section 295)
Selling or circulating obscene content to a child.
First offence: Imprisonment up to 3 years, fine up to ₹2,000.
Repeat offence: Imprisonment up to 7 years, fine up to ₹5,000.
Obscene Acts in Public (Section 296)
Punishes:
- Doing obscene acts in public places.
- Singing or uttering obscene words near public places.
- Punishment: Imprisonment up to 3 months, or fine up to ₹1,000, or both.
Keeping or Advertising Unauthorised Lotteries (Section 297)
Sub-section (1): Keeping an office/place for a non-State or unauthorised lottery.
Punishment: Imprisonment up to 6 months, or fine, or both.
Sub-section (2): Publishing offers or prizes connected with such lotteries.
Punishment: Fine up to ₹5,000.
Conclusion
Chapter XV of the Bharatiya Nyaya Sanhita, 2023 reflects the evolving priorities of a modern Indian society that values health, decency, and public safety. It criminalises behaviours that, while not always targeted at individuals, can gravely disrupt the public good. From acts that pollute the environment to the sale of unsafe drugs, from spreading infectious diseases to promoting obscenity, the provisions under this chapter serve as essential tools in maintaining civil order.
References
[1] Bharatiya Nyaya Sanhita, 2023
[2] Universal’s Guide to Judicial Service Examination, 19th Edition (2022)
[3] K. Ramakrishnan and Anr. v. State of Kerala and Ors. [(1999) AIR 1999 Kerala 385]
[4] State by J.C. Nagar P.S., Bangalore v. Santanam [1998 Cri LJ 3045]