BNS Section 293 – Continuance of nuisance after injunction to discontinue
The Indian Penal Code (IPC) Section – 291
Understanding BNS Section 293: Continuing Nuisance After Warning
When someone creates a public nuisance, they may be warned by a public servant to stop. If they ignore this warning and continue the nuisance, Section 293 of the Bharatiya Nyaya Sanhita (BNS) deals with this issue. Let’s understand it in simple terms.
What Does Section 293 Say?
This section is about continuing a public nuisance after being warned to stop. Here’s what it means:
- Offense: If a person:
- Repeats or continues a public nuisance, and
- They have been warned by a public servant (who has the legal authority to issue such a warning) to stop the nuisance,
they commit a crime.
- Punishment: The punishment can be:
- Simple imprisonment for up to 6 months,
- A fine of up to 5,000 rupees, or
- Both jail and fine.
Key Points in Simple Words
| Aspect | Details |
|---|---|
| What is the Crime? | Continuing or repeating a public nuisance after being warned to stop by a public servant. |
| Punishment | Up to 6 months in jail, a fine of up to 5,000 rupees, or both. |
| Can Police Arrest Without Warrant? | Yes: Police can arrest without a warrant. |
| Can Accused Get Bail? | Yes: The accused can get bail. |
| Which Court Handles This? | Any Magistrate Court. |
Why is This Law Important?
- Ensures Public Order: It stops people from continuing actions that disturb the peace or safety of others.
- Respects Authority: It ensures that warnings issued by public servants are taken seriously.
- Protects the Public: It prevents repeated nuisances that can harm or inconvenience people.
Examples of Crimes Under Section 293
- Example 1: A person continues to play loud music at night after being warned by the police to stop.
- Example 2: A shopkeeper keeps blocking the sidewalk with their goods despite being told by local authorities to clear the area.
- Example 3: A factory continues to release harmful smoke after being ordered by pollution control officials to stop.
Conclusion
Section 293 of the BNS is important to ensure that public nuisances are stopped after a warning. Continuing or repeating such nuisances is a crime and can lead to jail or fines. Always respect warnings from authorities and avoid actions that disturb the public.
