Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XV > Offences Related to Environment (Ss. 279 and 280 BNS)
According to Section 270 of the Bharatiya Nyaya Sanhita, 2023 (BNS), a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. In this article we shall discuss offences related to environment.
According to Article 48(A) of the Constitution, the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. According to Article 51(g) of the Constitution, it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. The legislative intent and spirit under Articles 48A and 51A(g) of the Constitution find their place in the definition of environment under the Environment (Protection) Act, 1986.
In MC Mehta vs. Union of India, AIR 1987 SC 1086 case, the Supreme Court held that under Article 21 of Indian Constitution, it is a fundamental right to live in a pollution-free environment and if there isn’t any healthy environment for the citizens to live in then this right would not mean anything.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 279 | S. 277 | The upper limit of the imprisonment is increased from three months to six months and fine is increased from five hundred to five thousand rupees. |
| S. 280 | S. 278 | The upper limit of the fine is increased from five hundred to one thousand rupees. |
Section 279 BNS:
Fouling Water of Public Spring or Reservoir:
Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
A spring or reservoir is public whose water is used by the public; it is immaterial whether the public is entitled lawfully to use that water or not. The water may be for drinking purpose or for any other purpose. A river is not a spring or reservoir. Taking water by a person belonging to lower caste from a public spring or reservoir does not render it less fit, and it is not corrupting or fouling it.
The use of the expression ‘less fit’ and not ‘unfit’ is deliberate. The water may not have been rendered totally unfit, but if it has been turned less fit, the accused is guilty. The word ‘voluntarily’ has the same meaning as given under section 2(33) of the Sanhita. The term ‘corrupts or fouls’ is used in this section connotes the act of physically deteriorating or defiling the condition of water from any public spring.
Ingredients of Section 279 BNS:
- There must be corrupting or fouling the water of any public spring or reservoir;
- This must be done so as to render it less fit for the purpose for which it is ordinarily used; and
- The act of doing so must be voluntary.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.
Punishment:
Imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Classification of Offence:
Cognizable, bailable, and triable by any Magistrate
In Emperor vs. Nama Rama, (1921) 23 BOMLR 987 case, the accused and nine others fouled river water by steeping in aloe plants to extract fibre, making it unfit for drinking. The trial Court convicted them. The Bombay High Court held that a river is not a public spring and it is not an offence under Section 277 IPC (S. 279 BNS) but it can be prosecuted under Section 290 IPC (S. 292 BNS) as from the facts and description it might be a public nuisance.
Section 280 BNS:
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 one thousand rupees.
Prosecution against offensive trades emitting foul smell etc. will come under this section. The offence under this section is punishable with fine only.
Ingredients of Section 280 BNS:
- There is a vitiating of the atmosphere in a place;
- This must be a voluntary act on the part of the accused; and
- It must be done so as to make the place noxious for persons in general who are dwelling or carrying on business nearby or passing along a public way.
Punishment:
Fine which may extend to one thousand rupees.
Classification of Offence:
Cognizable, bailable, and triable by any Magistrate
Other Provisions under IPC:
- Section 286 provides punishment for negligent conduct
- Section 287 with respect to poisonous substances and negligent conduct with respect to fire or combustible matter respectively. The punishments and fine we’re enhanced eventually.
- Section 288 provides punishment for negligent conduct with respect to explosive substances.
- Section 324(1) water pollution can be punished for mischief.
- If the act causes wrongful loss or damage to public or to any person or if his act causes water pollution could be brought under section 62 of the Sanhita.
- Section 324(6) deals with mischief caused by killing maiming animals and cattle.
Conclusion:
Environmental protection is a crucial aspect of sustainable development, and the Bharatiya Nyaya Sanhita, 2023 plays an important role in addressing offences that harm the environment. The BNS provides only a basic framework, and many environmental challenges today require more specialized and robust legal mechanisms. While laws like the Environment (Protection) Act, 1986 complement the BNS, better enforcement, increased public awareness, and stricter judicial oversight are essential to effectively combat environmental offences. A strong legal response, combined with civic responsibility, is key to preserving the environment for current and future generations.
The above two provisions are related to environmental protection as it penalises the air and water pollution, however it has failed to achieve the objective because of the technicality of the laws needs to be satisfied every aspect of the offence as mentioned in the penal provision. The above-mentioned provisions do not provide criminal justices.
Related Topics:
- Public Nuisance: Definition (S. 270)
- Offence Related to Spread of Infectious Disease (Ss. 271 to 273)
- Offences Related to Adulteration of Food (Ss. 274 and 275)
- Offences Related to Adulteration of Drugs (Ss. 276-278)
- Offences Affecting Public Safety and Convenience (Ss. 281 to 293, 297)
- Offences Related to Obscenity (Ss. 294 to 296)
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