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Statutory Remedies under the

Provisions of IPC/CRPC/CPC

Law relating to the Public Nuisance under the

Indian Penal Code: -

Indian Penal Code, 1860 to the very much

extent helpful regarding the environmental
protection and it makes various provision
regarding the acts which affecting the environment
and makes such act as offences. The detail
provisions mentioned in the Indian Penal Code
regarding the Environment protection are given
below: -

Sections 268 to 294-A of the Indian Penal

Code deals with the offences affecting the Public
Health, safety, decency and morals. The object of
these provisions is to safeguard the public health,
safety by causing acts punishable which makes the
environment polluted or threatens the life of the
people.

Section 268 of the Indian Penal Code defines

the public nuisance and Section 290 provides the
punishment for the public nuisance. Under these
provisions any act or omission of a person which

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caused injury to the another person by polluting

the environment can be controlled.

CASE: - K. Ramakrishanan
Versus
State of Kerala
AIR 1999 Ker. 385

In this case it was held that smoking in the public

places amount to the public nuisance and hence
any case under this section can be filed against the
person who smokes at the public places.

Section 269-271 Provides the punishment for a

negligent act which likely to spread infection of
disease dangerous to the life. The punishment for
such an act is up to six months or fine or with
both.

Section 272-276 of the Indian Penal Code deal

with the adulteration of the food, drinks and drugs.

Section 277 can be used to prevent the water

pollution in certain cases. This section provides
that if any person does any thing with the water of
public spring, well so that water in it becomes less
fit than its ordinarily use then such person shall be
punished with imprisonment up to three months,
or with fine or both.

According to Section 277 of Indian Penal Code,

no trade, business or manufacturing process can
be carried out in the residential area which
produces offensive smell.

From Section 284- 286 of the Indian Penal

Code, it is provided that no person can carry the

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poisonous substances, explosive substances which

may cause environment pollution.
Law relating to the Public Nuisance under the
CRIMINAL PROCEDURE CODE, 1973: -

In the Criminal Procedure Code various provisions

are mentioned which can be used to prevent the
pollution of almost all kinds. Under the Code
various powers are conferred on the District
Magistrate or sub-divisional magistrate or the
Executive magistrate to control the Pollution.
In the Criminal Procedure Code, Section 133
to 143 and Section 144 provide the most
effective and speedy remedy for the preventing
and controlling of public nuisance causing air,
water and noise pollution.
The object and purpose behind Section 133
of the Cr.p.c. is essentially to prevent the public
nuisance and it involves a sense of urgency.

For example: - If the magistrate fails to take

recourse immediately,
irreparable damage would be
done.

To apply Section 133 of Cr.p.c., there must be

imminent danger to the property and nuisance to
the public. This section applies to a condition of
nuisance at the time when the order is passed and
it is not intended to apply to the future likelihood
or what may happen at some later point of time.

In the other words it does not deal with all types of

nuisance, and on the other hand, it applies when
the nuisance is in existence. The provisions of
Section 133 of Cr.p.c. can be called in aid to
remove public nuisance caused by discharge of

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effluents and air discharge causing hardship to the

general public.
Under this section, the District Magistrate or sub-
divisional magistrate or the Executive magistrate,
if he is so empowered by the state Government, on
the receipt of the report from the Police officer or
other information may make conditional order to
remove the public nuisance which is causing the
pollution. The conditional order may be made
absolute and if the person concerned failed to act
in furtherance of the order, he can be prosecuted
under Section 188 of the Indian Penal Code.
Under this section even the head of the
Government department or public bodies can be
prosecuted for not complying with the order.

The order made under this section is conditional

because it is only a preliminary order. The order
may be made absolute only after giving the
opposing party sufficient opportunity to be heard.

CASE: - Vallikadar Assainar

Versus
P.K. Modieenkutty
1999 Cr.L.J. 4228

In this case it was held that an order of closing a

polluting factory is illegal where no conditional
order was firstly issued.

Although both the Indian Penal Code and Criminal

Procedure Code are of the ancient time and the
new social Justice by the way of Constitution of

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India makes them remedial weapon for the

protection of environment.

CASE: - Govind Singh

Versus
Shanti Sarup
AIR 1979 S.C. 143

In this case it was held that the appellant had been

carrying on the occupation of baker and had
constructed an oven and chimney which created
the public nuisance. The respondent filed an
application under section 133 of the Cr.p.c. to the
sub-divisional magistrate which served conditional
order on the appellant calling upon him to
demolish the oven and chimney, with in the period
of ten days from the date of the order.
The appellant then move to the High Court
regarding the order made against him but the High
Court also upheld the order made by the
Magistrate to demolish the Oven and Chimney.
Then the appellant approaches the Supreme
Court and Supreme Court held that in matters of
this nature what was involved was not merely the
right of a private individual but the health, safety
and convenience of the public at large. The
Supreme Court also accepted the view of the
Magistrate but give some relief to the appellant
that he has to demolish the Oven and Chimney
with in the period of month but he is allowed to
carry on the trade.

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Law relating to the Public Nuisance under the

CIVIL PROCEDURE CODE: -

Section 91 of the Code of Civil Procedure provides

the right of action in case of public nuisance. it
provides that in case of public nuisance or other
wrongful act affecting or likely to effect the public
a suit for the declaration and injunction or for such
other relief as may be appropriate in the
circumstance of the case may be instituted