Continuance of nuisance after injunction to discontinue
AI Assist
Summary
If a person continues or repeats a public nuisance after a public servant who lawfully can order them to stop has enjoined them, they may be punished. The penalty is simple imprisonment for up to six months, a fine up to five thousand rupees, or both. The rule applies only where the injunction came from an official with lawful authority.
Example
Ravi runs a tea stall that blocks a busy footpath. A municipal officer with authority orders him to remove the obstruction, but Ravi continues to keep the chairs on the path. Under this rule he can be punished with up to six months simple imprisonment, a fine up to five thousand rupees, or both.
Bare Act
Enacted textWhoever 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 which may extend to five thousand rupees, or with both.
BNSS Classification
- Simple imprisonment for 6 months, or fine of 5,000 rupees, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.
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