Public nuisance
AI Assist
Summary
Anyone who does an act or illegally omits a duty that causes common injury, danger, or annoyance to the public or to people living or occupying nearby property is guilty of public nuisance. It also covers acts that must necessarily cause harm to persons using any public right, such as a road. Causing some convenience or advantage is not a defence.
Example
Priya runs a roadside tea stall and channels waste into the lane beside it, causing foul smell and blocking people from passing. Because the act creates common annoyance and obstructs a public way, Priya can be found guilty of public nuisance even if it makes her work easier.
Bare Act
Enacted textA 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.
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