Law and You > Environmental Laws > Criminal Law Provisions for Environmental Protection
India has a comprehensive legal framework for environmental protection, underpinned by both constitutional mandates and statutory provisions. Criminal law provisions for environmental protection aim to protect the environment, prevent pollution, and ensure sustainable development. Below are the key criminal law provisions for environmental protection in India:
Constitutional Provision:
The constitution of India is not an inert but a living document which evolves and grows with time. When our constitution was drafted it did not contain any specific provisions on the environment and even the word “Environment” did not find a place in the constitution. However, there are many items in the legislative lists which enable the Centre and the State to make laws in the field of environment like public health, sanitation, agriculture, etc. In India, the concern for environmental protection has not only been raised to the status of fundamental law of the land i.e. the Constitution of India, but it is also associated with human rights. It is the basic human right of every individual to live in a pollution-free environment with full human dignity. The subject of environmental protection is kept in the concurrent list of the Constitution. Some important provisions related to environmental protection are as follows:
- Article 48-A: Directs the State to protect and improve the environment and safeguard the forests and wildlife of the country.
- Article 51-A (g): Imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
- Article 21: The right to life under this article has been interpreted by courts to include the right to a clean and healthy environment.
- Article 47: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties
- Articles 32 and 226: These Articles provide citizens with the legal means to seek protection and enforcement of their fundamental rights. Both articles empower individuals to approach the courts directly when their rights are violated or threatened.
- Article 246: This Article divides the subject areas of legislation between the union and the states into three Lists: Union List, State List, and Concurrent List. The Concurrent List (List III) in the seventh schedule to the Constitution contains subjects on which both Parliament and State Legislatures can legislate. Concurrent List includes forest, the protection of wildlife, mines and mineral developments not covered in the union list, population control, and family planning, minor ports and factories. Concurrent List includes forest, the protection of wildlife, mines and mineral developments not covered in the union list, population control, and family planning, minor ports and factories.
- Article 253: Article 253 read with Entries no. 13 and 14 of the Union List is that the Parliament can pass any law on environment protection and the same cannot be questioned before the courts on the ground that the Parliament lacked legislative competence. Thus the Parliament has very wide power of legislation including the subjects mentioned in the State List provided those issues are addressed at any international conferences, association or other body or it is the implementation of any international treaty, agreement or convention.
Provisions in IPC for Environmental Protection:
The Indian Penal Code (IPC), 1860The Bharatiya Nyaya Sanhita (BNS), 2023 (previously the Indian Penal Code (IPC), 1860) though primarily a criminal law statute, contains several provisions that can be invoked for the protection of the environment, particularly in relation to public health, safety, and the prevention of nuisances. These provisions aim to penalize acts that cause harm to the environment, public health, or public spaces. Here are the key provisions in the BNS/IPC relevant to environmental protection:
Section 268 – Public Nuisance:
Section 268 IPC defines the term ‘Public Nuisance’. A person is guilty of causing a public nuisance if they cause any act or illegal omission that causes annoyance or injury to the public or obstructs the public in the enjoyment of a public right. This provision can be used to penalize activities that cause environmental pollution (such as air, water, or noise pollution) and affect the community at large. It covers acts that result in public inconvenience, such as polluting water sources or creating excessive noise that disturbs the public.
Section 269 – Negligent Act Likely to Spread Infection of Disease Dangerous to Life:
According to Section 269 IPC, whoever unlawfully or negligently does any act which is likely to spread infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
This section can be applied to environmental contamination or pollution that leads to the spread of diseases, such as dumping hazardous waste into water bodies or releasing harmful emissions into the air.
Section 277 – Fouling Water of Public Spring or Reservoir:
According to Section 277 IPC, whoever voluntarily corrupts or fouls the water of any public spring or reservoir, rendering 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.
This provision specifically targets water pollution and aims to protect public water sources like springs and reservoirs from contamination. It can be used to address industrial discharge, sewage dumping, or any other actions that harm public water resources.
Section 278 – Making Atmosphere Noxious to Health:
According to Section 278 IPC, 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.
This section deals with air pollution and is intended to penalize activities that release harmful pollutants into the atmosphere, affecting the health of people in the vicinity. It can be applied to industrial emissions, burning of hazardous materials, or any activity that deteriorates air quality.
Section 290 – Punishment for Public Nuisance in Cases Not Otherwise Provided For:
According to Section 290 IPC, whoever commits a public nuisance not otherwise provided for in the IPC shall be punished with fine which may extend to two hundred rupees.
This is a general provision that can be used to address any environmental pollution or nuisance that affects the public and does not fall under any specific section of the IPC.
Section 291 – Continuance of Nuisance after Injunction to Discontinue:
According to Section 291 IPC, if a person continues to cause a public nuisance after receiving an injunction to stop or discontinue the nuisance, they shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
This provision ensures stricter punishment for individuals or industries that continue to engage in activities harmful to the environment, even after being ordered to stop by a court or authority.
Section 425 – Mischief:
Section 425 IPC, defines the term ‘mischief’. A person is said to commit mischief if they intentionally cause wrongful loss or damage to property. This provision can be applied to cases where someone intentionally causes damage to environmental property, such as trees, public parks, or ecosystems. Cutting down trees, damaging wildlife habitats, or polluting water bodies could be construed as mischief if it leads to loss or damage.
Section 426 – Punishment for Mischief:
According to Section 426 IPC, whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
When combined with Section 425, this section allows for penal action against individuals or entities that intentionally damage the environment, including public and natural resources.
Section 430 – Mischief by Injury to Works of Irrigation or by Wrongfully Diverting Water:
According to Section 430 IPC,whoever commits mischief by causing destruction or diminution of the supply of water for irrigation, or for carrying on agriculture or industrial purposes, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
This section is crucial for the protection of water resources and irrigation systems. It penalizes acts that disrupt water supplies or wrongfully divert water, which can have serious environmental and economic consequences.
Section 431 – Mischief by Injury to Public Road, Bridge, River, or Channel:
According to Section 431 IPC, whoever commits mischief by causing damage to public roads, bridges, rivers, or channels shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
This provision can be used to protect infrastructure related to the environment, such as rivers and channels. Activities that damage public waterways or infrastructure designed to manage water flow (e.g., bridges, dams, and canals) fall under this provision.
Section 432 – Mischief by Causing Inundation or Obstruction to Public Drainage:
According to Section 432 IPC, whoever commits mischief by causing an inundation or obstructing public drainage shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
This section addresses activities that block or alter drainage systems, leading to flooding or other environmental issues. It can be applied to cases where improper waste disposal or construction causes waterlogging or drainage obstructions.
Section 433 – Mischief by Destroying or Moving Landmarks Fixed by Public Authority:
According to Section 433 IPC, whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea- mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Protects environmental boundaries, such as those marking protected forests, wildlife sanctuaries, or eco-sensitive zones. It ensures that landmarks preserving environmental zones are not tampered with.
Provisions in CrPC for Environmental Protection:
Code of Criminal Procedure (CrPC), 1973, primarily governs the procedural aspects of criminal law in India, including investigation, trial, and prosecution of offenses. While the CrPC does not explicitly focus on environmental protection, several of its provisions can be utilized to prevent environmental harm, manage public nuisances, and maintain public order. These provisions help in enforcing environmental laws and addressing public grievances related to environmental violations. Here are the key provisions in the CrPC relevant to environmental protection:
Section 133 – Conditional Orders for Removal of Public Nuisance:
Section 133 of CrPC empowers an Executive Magistrate to issue orders for the removal of any public nuisance that causes obstruction, injury, or annoyance to the public.
This Section is frequently invoked in environmental matters, particularly in cases of air pollution, water pollution, and noise pollution, where the nuisance affects public health or safety. The magistrate can order the closure of industries or businesses responsible for environmental degradation or impose conditions on their operation to prevent harm to the public. For example, if an industry is found discharging harmful pollutants into a river, the magistrate can order the cessation of such activities under this section.
Section 133(2) – Inquiry into Public Nuisance:
According to Section 133(2) of CrPC the magistrate can conduct an inquiry into any public nuisance, and if required, pass an order for its removal. If there is a reasonable case for action, the magistrate may direct parties to comply with the removal of the nuisance.
This provision is particularly useful for addressing industrial pollution, improper waste disposal, or harmful construction activities that impact public health or the environment. The magistrate can investigate and enforce action against such nuisances.
Section 144 – Power to Issue Orders in Urgent Cases of Nuisance or Apprehended Danger:
Section 144 of CrPC allows the Executive Magistrate to issue orders in cases of urgent nuisance or situations that pose a danger to public safety or health.
This Section can be used in environmental emergencies, such as stopping the operation of polluting factories, preventing illegal mining, or prohibiting activities that might lead to environmental harm. This provision is especially useful when immediate action is required to prevent environmental disasters, like hazardous waste spills, or to prevent activities that could lead to long-term environmental damage.
Section 145 – Procedure Where Dispute Concerning Land or Water is Likely to Cause Breach of Peace:
Section 145 of CrPC deals with disputes over land or water that may result in public disorder or conflict. The Executive Magistrate can take preventive action in such disputes.
This Section can be applied in disputes over water resources, land encroachments, or illegal deforestation, where such activities lead to public disturbances. For example, conflicts over the diversion of water for industrial purposes or disputes over deforestation of community lands can be resolved by invoking this section to prevent further environmental harm and ensure peace.
Section 91 – Summons to Produce Documents or Other Things:
Section 91 of CrPC allows any court or officer in charge of a case to summon any person to produce documents or things necessary for investigation or trial.
This section can be used to summon documents, permits, environmental reports, or other relevant records from industries, factories, or individuals suspected of environmental violations. It plays a role in environmental investigations where evidence is required to establish violations, such as improper waste disposal, violation of emission standards, or illegal activities in protected areas.
Section 250 – Compensation for False Accusation:
According to Section 250 of CrPC, if a case brought before the court is found to be false or malicious, the person who was falsely accused may be awarded compensation.
This section ensures that environmental activists or individuals filing complaints against polluters or violators do not face retaliatory legal action. It provides protection to those fighting for environmental causes by allowing them to seek compensation in cases of wrongful accusation.
Section 129 – Dispersal of Assembly by Use of Civil Force:
Section 129 of CrPC, allows the police to disperse any unlawful assembly that poses a threat to public peace or safety.
Section 129 can be invoked in situations where protests, illegal mining operations, or encroachments on environmental conservation zones occur, leading to public disorder. The provision allows authorities to maintain law and order while dealing with environmental disputes or encroachments.
Section 195 – Prosecution for Contempt of Lawful Authority of Public Servants:
Section 195 of CrPC, deals with offenses against public authorities and contempt of lawful authority, including obstruction of government officials in the execution of their duties.
This section can be applied when industries or individuals obstruct environmental enforcement agencies, such as pollution control boards or forest officials, in carrying out inspections or taking preventive measures. It ensures that legal action can be taken against those who hinder the enforcement of environmental laws and regulations.
Section 151 – Arrest to Prevent the Commission of Cognizable Offenses:
Section 151 of CrPCallows the police to arrest any person without a warrant if they believe that such an arrest is necessary to prevent the commission of a cognizable offense.
This section can be used to prevent illegal activities that cause environmental harm, such as illegal mining, tree felling, or poaching. If authorities suspect an imminent offense, they can take preventive measures under this section.
Conclusion:
The Indian Penal Code (IPC), while primarily a criminal statute, contains several provisions that can be applied to protect the environment, public health, and natural resources. Sections like 268 (public nuisance), 277 (fouling water), 278 (making the atmosphere noxious), and various other sections dealing with mischief and public harm, serve as legal mechanisms to address environmental degradation. These provisions act as a deterrent against activities that lead to pollution, deforestation, water contamination, and public health hazards.
The CrPC provides important procedural tools for addressing environmental violations and maintaining public health and safety. While not specifically designed for environmental protection, provisions like Section 133 (removal of public nuisance), Section 144 (urgent orders), and Section 145 (land and water disputes) empower authorities to take swift action in cases of environmental harm. These provisions complement environmental laws by providing procedural mechanisms for their enforcement, allowing for timely intervention in cases of pollution, illegal encroachments, and other environmental issues.
However, the IPC and CrPC are not specifically designed as environmental legislation, and their provisions are often invoked in tandem with dedicated environmental laws such as the Environment Protection Act, 1986, and the Water and Air Acts. The IPC’s and CrPC’s role is more punitive in nature, providing for criminal liability, while environmental statutes are primarily regulatory and remedial. In essence, the IPC and CrPC acts as a complementary tool in India’s broader legal framework for environmental protection, offering avenues for legal action against individuals and entities that harm the environment.
Related Posts:
- Constitutional Provisions for Environmental Protection
- Nuisance and Environmental Pollution (Tort)
- Negligence and Environmental Pollution (Tort)
- Strict Liability and Environmental Pollution (Tort)