IPC
- Indian Penal Code
CHAPTER XIV : OF OFFENCES AFFECTING
THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
268. Public nuisance
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.
269. Negligent act likely to spread infection of disease dangerous
to life
Whoever
unlawfully or negligently does any act which is, and which he knows or
has reason to believe to be, likely to spread the 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.
270. Malignant act likely to spread infection of disease dangerous
to life
Whoever
malignantly does any act which is, and which he knows or has reason to
believe to be, likely to spread the infection of any disease dangerous
to life, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
271. Disobedience to quarantine rule
Whoever
knowingly disobeys any rule made and promulgated 134[by the 135[***] Government
136[***] for putting any vessel into a state of quarantine, or for regulating
the intercourse of vessels in a state of quarantine with the shore or
with other vessels, or for regulating the intercourse between places where
an infectious disease prevails and other places, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
272.
Adulteration of food or drink intended for sale
Whoever
adulterates any article of food or drink, so as to make such article noxious
as food or drink, intending to sell such article as food or drink, or
knowing it to be likely that the same will be sold as food or drink, shall
be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
STATE AMENDMENTS
In State
of Uttar Pradesh
In sections 272, 273, 274,
275 and 276 for the words "shall be punished with imprisonment of
either description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both" the following
shall be substituted: -
"shall be punished
with imprisonment for life and shall also be liable to fine:
Provided that the court
may, for adequate reason to be mentioned in the judgement, impose a sentence
of imprisonment which is less than imprisonment for life."
In State of West Bengal
w.e.f. 29th. April, 1973
In its application to the
State of West Bengal in sections 272, 273, 274, 275 and 276 for the words
"of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both"
the following shall be substituted: -
"for life with or
without fine:
Provided
that the Court may, for adequate and special reasons to be mentioned in
the judgment. impose a sentence of imprisonment which is less than imprisonment
for life."
273. Sale of noxious food or drink
Whoever
sells, or offers or exposes for sale, as food or drink, any article which
has been rendered or has become noxious, or is in a state unfit for food
or drink, knowing or having reason to believe that the same is noxious
as food or drink, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
274. Adulteration of drugs
Whoever
adulterates any drug or medical preparation in such a manner as to lessen
the efficacy or change the operation of such drug or medical preparation,
or to make it noxious, intending that it shall be sold or used for, or
knowing it to be likely that it will be sold or used for, any medical
purpose, as if it had not undergone such adulteration, shall be punished
with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with
both.
275. Sale of adulterated drugs
Whoever,
knowing any drug or medical preparation to have been adulterated in such
a manner as to lessen its efficacy, to change its operation, or to render
it noxious, sells the same, or offers or exposes it for sale, or issues
it from any dispensary for medicinal purposes as unadulterated, or causes
it to be used for medicinal purposes by any person not knowing of the
adulteration, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
276. Sale of drug as a different drug or preparation
Whoever
knowingly sells, or offers or exposes for sale, or issues from a dispensary
for medicinal purposes, any drug or medical preparation, as a different
drug or medical preparation, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
277. Fouling water of public spring or reservoir
Whoever
voluntarily corrupts or fouls the water of any public spring or reservoir,
so as to render 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.
278. Making atmosphere noxious to health
Whoever
voluntarily vitiates the atmosphere in any place so as to make it noxious
to the health of persons is 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.
279. Rash driving or riding on a public way
Whoever
drives any vehicle, or rides, on any public way in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or
injury to any other person, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
280. Rash navigation of vessel
Whoever
navigates any vessel in a manner so rash or negligent as to endanger human
life, or to be likely to cause hurt or injury to any other person, shall
be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
281. Exhibition of false light, mark or buoy
Whoever
exhibits any false light, mark or buoy, intending or knowing it to be
likely that such exhibition will mislead any navigator, shall be punished
with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
282. Conveying person by water for hire in unsafe or overloaded
vessel-
Whoever
knowingly or negligently conveys, or causes to be conveyed for hire, any
person by water in any vessel, when that vessel is in such a state or
as loaded as to endanger the life of that person, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with
both.
283. Danger or obstruction in public way or line of navigation
Whoever,
by doing any act, or by omitting to take order with any property in his
possession or under his charge, causes danger, obstruction or injury to
any person in any public way or public line of navigation, shall be punished
with fine which may extend to two hundred rupees.
284. Negligent conduct with respect to poisonous substance
Whoever does, with any
poisonous substance, any act in a manner so rash or negligent as to endanger
human life, or to be likely to cause hurt or injury to any person,
or knowingly or negligently
omits to take such order with any poisonous substance in his possession
as is sufficient to guard against any probable danger to human life from
such poisonous substance,
shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
285. Negligent conduct with respect to fire or combustible matter
Whoever does, with fire
or any combustible matter, any act so rashly or negligently as to endanger
human life, or to be likely to cause hurt or injury to any other person,
or knowingly or negligently
omits to take such order with any fire or any combustible matter in his
possession as is sufficient to guard against any probable danger to human
life from such fire or combustible matter,
shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
286. Negligent conduct with respect to explosive substance
Whoever does, with any
explosive substance, any act so rashly or negligently as to endanger human
life, or to be likely to cause hurt or injury to any other person,
or knowingly or negligently
omits to take such order with any explosive substance in his possession
as is sufficient to guard against an probable danger to human life from
that substance,
shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
287. Negligent conduct with respect to machinery
Whoever does, with any
machinery, any act so rashly or negligently as to endanger human life,
or to be likely to cause hurt or injury to any other person,
or knowingly or negligently
omits to take such order with any machinery in his possession or under
his care as is sufficient to guard against any probable danger to human
life from such machinery,
shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
288. Negligent conduct with respect to pulling down or repairing buildings
Whoever,
in pulling down or repairing any building, knowingly or negligently omits
to take such order with that building as is sufficient to guard against
any probable danger to human life from the fall of that building, or of
any part thereof, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
289. Negligent conduct with respect to animal
Whoever
knowingly or negligently omits to take such order with any animal in his
possession as is sufficient to guard against any probable danger to human
life, or any probable danger of grievous hurt from such animal, shall
be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
290. Punishment for public nuisance in cases not otherwise provided for
Whoever
commits a public nuisance in any case not otherwise punishable by this
Code, shall be punished with fine which may extend to two hundred rupees.
291. Continuance of nuisance after injunction to discontinue
Whoever repeats or continues
a public nuisance, having been enjoined by any public servant who has
lawful authority to issue such injunction not to repeat or continue such
nuisance, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine, or with both.
137[292. Sale, etc., of obscene books, etc.
138[(1) For the purposes
of sub-section (2), a book, pamphlet, paper, writing, drawing, painting,
representation, figure or any other object, shall be deemed to be obscene
if it is lascivious or appeals to the prurient interest or if its effect,
or (where it comprises two or more distinct items) the effect of any one
of its items, is, if taken as a whole, such as to tend to deprave and
corrupt person, who are likely, having regard to all relevant circumstances,
to read, see or hear the matter contained or. embodied in it].
139[(2)] Whoever-
(a) sells, lets to hire,
distributes, publicly exhibits or in any manner puts into circulation,
or for purposes of sale, hire, distribution, public exhibition or circulation,
makes, produces or has in his possession any obscene book, pamphlet, paper,
drawing, painting, representation or figure or any other obscene object
whatsoever, or
(b) imports, exports or
conveys any obscene object for any of the purposes aforesaid, or knowing
or having reason to believe that such object will be sold, let to hire,
distributed or publicly exhibited or in any manner put into circulation,
or
(c) takes part in or receives
profits from any business in the course of which he knows or has reason
to believe that any such obscene objects are for any of the purposes aforesaid,
made, produced, purchased, kept, imported, exported, conveyed, publicly
exhibited or in any manner put into circulation, or
(d) advertises or makes
known by any means whatsoever that any person is engaged or is ready to
engage in any act which is an offence under this section, or that any
such obscene object can be procured from or through any person, or
(e) offers or attempts
to do any act which is an offence under this section,
shall be punished 140[on
first conviction with imprisonment of either description for a term which
may extend to two years, and with fine which may extend to two thousand
rupees, and, in the event of a second or subsequent conviction, with imprisonment
of either description for a term which may extend to five years, and also
with fine which may extend to five thousand rupees].
140[Exception- This section
does not extend to-
(a) any book, pamphlet,
paper, writing, drawing, painting, representation or figure-
(i) the publication of
which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper, writing, drawing, painting, representation
or figure is in the interest of science, literature, art of learning or
other objects of general concern, or
(ii) which is kept or
used bona fide for religious purposes;
(b) any representation
sculptured, engraved, painted or otherwise represented on or in-
(i) any ancient monument
within the meaning of the Ancient Monuments and Archaeological Sites and
Remains Act, 1958 (24 of 1958), or
(ii) any
temple, or on any car used for the conveyance of idols, or kept or used
for any religious purpose.]]
STATE
AMENDMENTS
In
States of Tamil Nadu and Orissa
In section 292 the words
"shall be punished with imprisonment of either description for a
term which may extend to three months or with fine or with both"
substitute the following: -
shall be punished with
imprisonment of either description for a term which may extend to two
years or with fine or with both..
Provided
that for a second or any subsequent offence under this section, he shall
be punished with imprisonment of either description for a term which shall
not be less than six months and not more than two years and with fine."
In
States of Tamil Nadu and Orissa
Add after section 292 the
following new section: -
292A. Printing, etc., of grossly indecent or scurrilous matter or matter
intended for blackmail
Whoever,-
(a) prints or causes to
be printed in any newspaper, periodical or circular, or exhibits or causes
to be exhibited, to public view or distributes or causes to be distributed
or in any manner puts into circulation any picture or any printed or written
document which is grossly indecent, or in scurrilous or intended for blackmail;
or
(b) sells or lets for
hire, or for purposes of sale or hire makes, produces or has in his possession,
any picture or any printed or written document which is grossly indecent
or is scurrilous or intended for blackmail; or
(c) conveys any picture
or any printed or written document which is grossly indecent or is scurrilous
or intended for blackmail knowing or having reason to believe that such
picture or document will be printed, sold, let for hire distributed or
publicly exhibited or in any manner put into circulation; or
(d) takes part in, or
receives profits from, any business in the course of which he knows or
has reason to believe that any such newspaper, periodical, circular, picture
or other printed or written document is printed, exhibited, distributed,
circulated, sold let for hire, made, produced, kept, conveyed or purchased;
or
(e) advertises or makes
known by any means whatsoever that any person is engaged or is ready to
engage in any Act which is an offence under this section, or that any
such newspaper, periodical, circular, picture or other printed or written
document which is grossly indecent or is scurrilous or intended for blackmail,
can be procured from or through any person; or
(f) offers or attempts
to do any act which is an offence under this section *[shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both]:
Provided that for a second
or any subsequent offence under this section, he shall be punished with
imprisonment of either description for a term which shall not be less
than six months *[and not more than two years].
Explanation 1- For the
purposes of this section, the word scurrilous shall be deemed to include
any matter which is likely to be injurious to morality or is calculated
to injure any person:
Provided that it is not
scurrilous to express in good faith anything whatever respecting the conduct
of-
(i) a public servant in
the discharge of his public functions or respecting his character so far
as his character appears in that conduct and no further; or
(ii) any person touching
any public question, and respecting his character, so far as his character
appears in that conduct and no further.
Explanation II- In deciding
whether any person has committed an offence under this section, the court
shall have regard inter alia, to the following considerations-
(a) The general character
of the person charged, and where relevant the nature of his business;
(b) the general character
and dominant effect of the matter alleged to be grossly indecent or. scurrilous
or intended for blackmail;
(c) any
evidence offered or called by or on behalf of the accused person as to
his intention in committing any of the acts specified in this section.
*Substituted
by T.N. Act No. 30 of 1984.
137[293. Sale, etc., of obscene objects to young person
Whoever
sells, lets to hire, distributes, exhibits or circulates to any person
under the age of twenty years any such obscene object as is referred to
in the last preceding section, or offers or attempts so to do, shall be
punished 140[on first conviction with imprisonment of either description
for a term which may extend to three years, and with fine which may extend
to two thousand rupees, and, in the event of a second or subsequent conviction,
with imprisonment of either description for a term which may extend to
seven years, and also with fine which may extend to five thousand rupees].]
STATE
AMENDMENTS
In
States of Tamil Nadu and Orissa
In Section 293-
(a) for the words "any
such obscene object as is referred to in the last preceding section"
the words, figures and letter "any such obscene object as is referred
to in section 292 or any such newspaper, periodical, circular, picture
or other printed or written document as is referred to in section 292-A"
shall be substituted;
(b) for the words "which
may extend to six months" the words "which may extend to three
years" shall be substituted;
(c) in the marginal note,
after the words "obscene objects" the words "any grossly
indecent or scurrilous matter intended for blackmail" shall be inserted.
141[294. Obscene acts and songs
Whoever, to the annoyance
of others-
(a) does any obscene act
in any public place, or
(b) sings, recites or
utters any obscene song, ballad or words, in or near any public place,
shall be
punished with imprisonment of either description for a term which may
extend to three months, or with fine, or with both.]
120[294A. Keeping lottery office
Whoever keeps any office
or place for the purpose of drawing any lottery 142[not being 143[a State
lottery] or a lottery authorised by the 144[State] Government], shall
be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
And whoever
publishes any proposal to pay any sum, or to deliver any goods, or to
do or forbear doing anything for the benefit of any person, on any event
or contingency relative or applicable to the drawing of any ticket, lot,
number or figure in any such lottery, shall be punished with fine which
may extend to one thousand rupees.]
STATE
AMENDMENTS
Section
294-A repealed in the States of Andhra Pradesh, Gujarat, Karnataka (except
Bellary District) and Maharashtra. |
