Law and You > Criminal Laws > Indian Penal Code > Offences Related to Environment (Ss. 277 and 278 IPC)
According to Section 268 of the Indian Penal Code, 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.
Section 277 IPC:
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 three months, or with fine which may extend to five hundred 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 39 of the Code. 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 277:
- 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.
Nature of Offence:
Cognizable, bailable, non-compoundable and triable by any Magistrate
Punishment:
Imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
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 but it can be prosecuted under Section 290 as from the facts and description it might be a public nuisance.
Section 278 IPC:
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 five hundred 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 278 IPC:
- 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 five hundred rupees, or with both.
Nature of Offence:
Cognizable, bailable, non-compoundable and triable by any Magistrate
Other Provisions under IPC:
- Section 284 provides punishment for negligent conduct
- Section 285 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 286 provides punishment for negligent conduct with respect to explosive substances.
- Section 425 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 511 of the Act.
- Section 440 deals with mischief caused by killing maiming animals and cattle.
Conclusion:
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.