What is a Public Nuisance ?.
The term public nuisance do not have definition in the Code of Civil Procedure. In-spite of that as per section 268 of IPC, it can be defined as an act, omission which cause 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 essentially cause injury, obstruction, danger or annoyance to the persons who may have occasion to use public rights.Chennai law forum is a leading law firm for all Civil as well as Criminal cases.
There are some examples of public nuisance like; pollution of public waterways, the noise of loudspeakers, obstruction of a public highway, ringing of a day and night, unnecessarily hooking of the horns etc.
Who may sue
A suit may be instituted by the following persons, relating to a public nuisance or other wrongful act;
1. By Advocate General;
2. By two or more persons with the leave of the court; or
3. By any private person if he has sustained special damage.
What are the remedies There are some remedies which are available against public nuisance as follows:-
1. A person committing a public nuisance may be punished under section 290 of the
Indian Penal Code;
2. Magistrates may remove public nuisance in certain case circumstances by exercising summary power under section 133 and 143 CRPC;
3. A suit can be instituted for the declaration, injunction or other appropriate relief
without proof of separation damage under section 91(1) CPC.
4. A suit may also be filed by a private individual, where he has sustained special
damages under section 91 (1) CPC.
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