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Public Nuisance

Public Nuisance (Section 268):

Nuisance:

It is an act or omission, interfering with the rights of another to enjoy some property by causing damage or physical discomfort.

There are 2 types:

1) Private Nuisance

2) Public Nuisance

1. Private Nuisance:

Private Nuisance causes an injury, damage or discomfort to an individual or to a group of individuals.

Eg: Listening to Radio in loud Sound causing disturbance to the neighbors.

2. Public Nuisance:

Public nuisance causes injury or damage or inconvenience to the public at large and people in general.

Eg: Obstructing a public way by digging a trench on highway.

Sec-268 defines Public Nuisance as, “A person is guilty of a public nuisance, who does an act, which causes any injury, danger to the people in general”.

In Re. Venkata Reddy Case, In this case, the accused in front of his house built a cross bund across the road. As a result, the flow of rain water was stagnated causing inconvenience to the public. It was held that it was a clear case of public nuisance. 

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