Public Nuisance Under the BNS (Section 270): IPC 268 Mapping (2026)
What public nuisance means under Section 270 of the Bharatiya Nyaya Sanhita, 2023, which IPC section it replaces, how a public nuisance is actually punished, and where the specific nuisances sit. Last verified October 2026.
Explainer · BNS · Offences Affecting Public Health and Safety
Public nuisance is one of the oldest ideas in criminal law: a wrong done to the public at large, not to one named victim. A blocked road, a polluting unit next to homes, a loud and dangerous trade in a crowded lane, each can be a public nuisance. Since 1 July 2024 the definition has a new address. The Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and public nuisance is now defined in Section 270. This explainer sets out what Section 270 says, which old IPC section it replaces, how a public nuisance is actually punished, and where the specific nuisances now sit. Last verified October 2026.
- New code: public nuisance is defined in Section 270 of the Bharatiya Nyaya Sanhita, 2023.
- Old code: it replaces Section 268 of the Indian Penal Code, 1860.
- Punishment: Section 270 only defines the offence. A public nuisance not otherwise provided for is punished under Section 292 (old IPC 290) with a fine up to Rs 1,000; specific nuisances such as food adulteration carry their own, heavier punishments.
- Nature: a wrong against the public at large, not against one private person; convenience or advantage is no defence.
- Research and tracking: Claw searches judgments and tracks cases under this section across 9,102 forums.
01The problem: a wrong against the public
Most offences have a single victim. Public nuisance is different. It is an act or an illegal omission that harms or annoys the public in general, or a section of the public, rather than one private person. That is what makes it both common and confusing. Everyone is affected a little, so it is easy to think no one can act.
The practical problem today is the number. For generations the definition of public nuisance was Section 268 of the Indian Penal Code, 1860. From 1 July 2024 it has moved to Section 270 of the BNS. A notice or complaint drawn today must use Section 270, while a search for older authorities still needs Section 268. The definition itself, though, is almost word for word the same.
Public nuisance is a wrong against the public at large. In the new code it is defined in Section 270 of the BNS, the old Section 268 of the IPC.
02What Section 270 defines
Section 270 of the BNS is a definition section. It does not, by itself, fix a punishment. It tells you when conduct counts as a public nuisance.
A person is guilty of a public nuisance who does any act, or is guilty of an illegal omission, that:
- 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
- must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
The section adds an important rider carried over from the old law: a common nuisance is not excused on the ground that it causes some convenience or advantage. In plain terms, you cannot defend blocking a road by saying it helped your business.
Nuisance to the public, not to one person
The key is who is harmed. If the annoyance or danger falls on the public, or on a class of people who use a public right such as a road, river or market, it is a public nuisance. A dispute between two neighbours is usually a private nuisance, which is a civil matter, not this offence.
03The old-to-new mapping
The definition moves across cleanly, and the specific nuisances that used to follow Section 268 in the IPC now follow Section 270 in the BNS.
| Old code (IPC, 1860) | New code (BNS, 2023) | What it does |
|---|---|---|
| Section 268 | Section 270 | Defines public nuisance |
| Section 290 | Section 292 | Residual punishment for public nuisance not otherwise provided for |
| Section 272 | Section 274 | Adulteration of food or drink for sale |
| Section 273 | Section 275 | Sale of noxious food or drink |
So the search term "section 268 IPC in BNS" points to Section 270. For the wider picture of how old sections map to new ones, see the IPC to BNS section converter and our note on the key changes from the IPC to the BNS.
04How a public nuisance is punished
Because Section 270 only defines public nuisance, the punishment comes from one of two places.
A specific nuisance section
The BNS lists many particular public nuisances after Section 270, each with its own punishment. These include adulteration of food or drink for sale under Section 274, the sale of noxious food or drink, fouling water, making the air noxious, and rash driving on a public way under Section 281. If the facts fit one of these, that section supplies the punishment.
The residual punishment
If the public nuisance is not covered by any specific section, it is punished under the residual section, Section 292 of the BNS (the old Section 290 of the IPC). The punishment there is a fine, which may extend to one thousand rupees. The old IPC capped this fine at two hundred rupees, so the BNS has raised it.
Separately, a Magistrate can act on the civil-procedure side to stop a public nuisance quickly, by a conditional order for removal under the Bharatiya Nagarik Suraksha Sanhita, 2023 (the provision that replaced Section 133 of the old CrPC). This is often faster than a trial, because it aims to remove the nuisance rather than to punish.
A small fine, but wider consequences
The residual fine is small, but a public nuisance can also trigger removal orders, action by local or pollution authorities, and in serious cases offences that carry imprisonment. The fine under Section 292 is rarely the whole story.
05What changed, and what did not
In substance the law is much the same as before. The BNS kept the definition of public nuisance almost word for word, kept the rule that convenience is no defence, and kept the structure of a general definition followed by specific nuisances. The main changes are the renumbering, from Section 268 to Section 270, and the higher fines in the specific and residual sections.
Because the definition is carried over, case law decided under Section 268 of the IPC still guides how Section 270 is read. For research that means covering both the old and the new numbers.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A public nuisance matter asks for two things at once: the right authorities and a clean view of where a live case stands. Because the offence was renumbered from Section 268 of the IPC to Section 270 of the BNS in 2024, and because a nuisance is often charged alongside a specific offence such as food adulteration or rash driving, both jobs are fiddly. Claw makes them quick. You can search more than 30 crore judgments and get results in under five seconds, pulling rulings under both Section 270 of the BNS and the old Section 268 of the IPC, with Supreme Court coverage from 1950 and High Courts from 1990. You can also keep watch on the cases, orders and hearings under this section across 9,102 courts, benches and forums, searched by party name or advocate name. For the wider view, see case search across Indian courts.
Set up a free Claw account to research and follow nuisance matters without the clutter. Claw does not file a case or give legal advice, and it does not use customer case documents to train its AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 270 (reference): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section numbers and punishments change through amendments and notifications, so check the current official text and take advice from counsel before you act.
08Frequently asked questions
What is Section 270 of the BNS?
Section 270 of the Bharatiya Nyaya Sanhita, 2023 defines public nuisance. A person commits a public nuisance by any act or illegal omission that causes common injury, danger or annoyance to the public, or that necessarily causes injury, obstruction, danger or annoyance to people using a public right. It replaced Section 268 of the Indian Penal Code from 1 July 2024.
Which IPC section is now BNS Section 270?
BNS Section 270 replaces Section 268 of the Indian Penal Code, which gave the same definition of public nuisance. The residual punishment section, old IPC Section 290, is now Section 292 of the BNS.
What is the punishment for public nuisance under the BNS?
Section 270 only defines the offence, so the punishment comes from elsewhere. A public nuisance not otherwise provided for is punished under Section 292 with a fine up to Rs 1,000. Specific nuisances, such as food adulteration or rash driving, carry their own and often heavier punishments.
What is the difference between public nuisance and private nuisance?
Public nuisance harms the public in general, or a class of people who use a public right such as a road or river, and it is a criminal matter. Private nuisance is interference with one person’s use of their own property, usually a civil dispute between neighbours.
Is convenience a defence to a public nuisance?
No. The section states that a common nuisance is not excused on the ground that it causes some convenience or advantage. So you cannot defend, for example, obstructing a public road by arguing that the obstruction was useful.
Can I find and track public nuisance cases in Claw?
Yes. Claw searches more than 30 crore judgments in under five seconds under both Section 270 of the BNS and the old Section 268 of the IPC, and it follows live cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. It handles the research and tracking, but does not file the case or give legal advice.