Section 268: Public nuisance

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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.

Where this provision sits

Act	The Indian Penal Code, 1860
Section	268
Marginal note	Public nuisance
Jurisdiction	Central
Status	Repealed
Judgments citing it	2

Judgments that turned on this provision

CRL OP(MD)/21377/2025 of Santhosh Kumar Vs State Of Tamilnadu Rep By Inspector Of Police, ManamaduraiMadras High Court · 2025-12-05
ABA/1784/2022 of PRADEEP DATTATRAYA KHANDARE AND ORS. Vs STATE OF MAHARASHTRABombay High Court · 2022-07-05

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