Tuesday, February 5, 2008

MODULE 6 Indian Penal Code and Environment Protection

Indian Penal Code 1860, makes various acts affecting environment as offences. IPC can be used to prevent pollution of atmosphere. Thus no trade, business or manufacturing process can be carried out in residential area which produces noxious and offensive smell.

Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public health, safety, convenience, decency and morals. Its object is to safeguard the public health, safety and convenience by causing those acts punishable which make environment polluted or threaten the life of the people.

Section 268 & 290 of IPC defines public nuisance and provides for punishment of fine upto Rs. 200 for public nuisance respectively. Under these provisions any act or omissions of a person which caused injury to another by polluting the environment can be controlled.
Public Nuisance: a person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger to the people in general who dwell or occupy the property in the vicinity or cause injury, danger , obstruction to persons who use any public right.


Section 269 & 270 of IPC provides, whoever negligently or malignantly does any act which spreads the infection of disease dangerous to life, can be controlled by punishing the person responsible for such act with imprisonment upto six months to six years or with fine or both respectively.

Section 277 provides, whoever voluntarily fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment for three months or with fine of five hundred rupees or with both.

Section 278 provides, whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons dwelling or carrying on business in the neighbourhood or passing along the public way, shall be punished with fine upto Rs.500.

Section 284 provides, whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, shall be punished with imprisonment for a term of 6 months or with fine upto Rs.1000 or with both.

Section 285 provides, whoever does, with the fire or any combustible matter, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.

Section 286 provides, whoever does, with any explosive substance, any act rashly or negligently as to endanger human life, to be likely to cause or injury to any other person, shall be punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.

Under sections 426,430,432 of IPC general pollution caused by mischief can be controlled and the same is punishable.

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