Public Nuisance

Private Nuisance



       According to Section 268 of IPC Public Nuisance Is a Criminal Offence.  It means any illegal act or omission causing injury, obstruction, danger or annoyance to public in general or public at Large.  


      Private Nuisance means any illegal act of omission causing injury or danger to any individual or his property in particular.



       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. (Section 268 Indian Penal Code)  

Definition :

          Private nuisance may be defined as unlawful interference with another's use and enjoyment of property or someone's right over or in connection with property.

(Private nuisance is not defined in Indian Penal Code)



             It affects the public at large.  


             It affects only Individuals or determinate body thereof.


Right To sue:  

                Any public motivated or spirited person or organization or association can sue.

Right To sue

         A private individual or his legal representative, to whom or to whose property injury is caused can sue.


             Injunction restraining from doing any illegal act or omission.

          Damages can also be claimed with injunction.


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