Public Nuisance under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is covered under Section 152 (Chapter XI – Maintenance of Public Order and Tranquillity). It is a preventive provision that empowers Executive Magistrates to take prompt action against activities or conditions that cause inconvenience, danger, or harm to the general public.
Meaning and Scope
Public Nuisance refers to any act, omission, or condition that:
- Causes obstruction or annoyance to the public in the use of public places (roads, rivers, waterways, etc.).
- Endangers public health, safety, or comfort.
- Creates a risk of fire, explosion, or other hazards.
It is not a private dispute but affects the public at large.
Important Features
- Preventive in nature: It aims to prevent harm before it occurs.
- Summary Procedure: Quick action can be taken.
- Civil Court Bar: No Civil Court can challenge a properly passed order under this section.
- Emergency Powers: In urgent cases, immediate action can be taken.
As per Section 2 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, offences are classified into two categories based on the powers of the police to arrest without a warrant.
| Basis of Difference | Cognizable Offence | Non-Cognizable Offence |
| Definition | Offence for which police can arrest without warrant | Offence for which police cannot arrest without warrant |
| Seriousness | Generally more serious | Generally less serious / minor |
| Police Action | Police can investigate and arrest on their own | Police can investigate only after Magistrate’s order |
| FIR | Police must register FIR | Police cannot register FIR directly (only complaint to Magistrate) |
| Bailable / Non-Bailable | Usually Non-Bailable | Usually Bailable |
| Examples | Murder, Rape, Theft, Dowry Death, Riot | Defamation, Simple Hurt, Cheating (some cases) |
| BNSS First Schedule | Mentioned in Column 3 | Mentioned in Column 4 |
Section 14 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the appointment and powers of Executive Magistrates.
Powers of Executive Magistrates:
- Executive Magistrates derive their authority from Section 14 and various other provisions of BNSS.
- District Magistrate (DM) is the head of the Executive Magistrates in the district and exercises wide-ranging powers including:
- Maintenance of law and order.
- Issuing orders for preventive action (under Sections 143, 144, etc.).
- Handling cases of public nuisance (Section 152).
- Granting or cancelling licenses.
- Supervising police and subordinate Executive Magistrates.
- Exercising powers during emergencies.
- Additional District Magistrate (ADM) exercises all or any of the powers of the District Magistrate as directed by the State Government.
- Sub-Divisional Magistrate (SDM) exercises powers within his sub-division, such as:
- Taking preventive measures to maintain peace.
- Conducting inquiries in certain cases.
- Exercising magisterial powers delegated by the DM.
The State Government can appoint any number of Executive Magistrates and delegate specific powers to them as per administrative needs. In the absence of the DM, the officer in charge automatically exercises all powers of the District Magistrate.
