Question
Where a person commits a public nuisance:
Solution
AS per S. 268 of IPC Public Nuisance - an act, omission which cause 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 the persons who may have occasion to use public rights. Example- pollution of public waterways, the noise of loudspeakers, obstruction of a public highway, ringing of a day and night, unnecessarily hooking of the horns, etc. Remedies available- o  A person committing a public nuisance may be punished under section 290 of the Indian Penal Code; o  Magistrates may remove public nuisance in certain case circumstances by exercising summary power under section 133 and 143 CRPC; o  A suit can be instituted for the declaration, injunction or other appropriate relief without proof of separation damage under section 91(1) CPC. o  A suit may also be filed by a private individual, where he has sustained special damages under section 91 (1) CPC. o  A remedy is available under Law of torts for damages in case of Public Nuisance.
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