Section 293 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 293 of the Bharatiya Nyaya Sanhita (BNS), 2023—found in Chapter XV: Offences affecting public health, safety, convenience, decency and morals:
📜 Section 293 – Continuance of Nuisance After Injunction to Discontinue
Offence Defined:
If a person repeats or continues a public nuisance after being formally enjoined (ordered) by a public servant—who has legal authority—to stop such nuisance, they commit an offence under this section (devgan.in).
⚖️ Punishment
Imprisonment: Simple imprisonment for up to 6 months
Fine: Up to ₹5,000
Or both, as determined by the court (lawrato.com, devgan.in)
🛡️ Legal Attributes
Cognizable: Yes — Police can arrest without a warrant (devgan.in)
Bailable: Yes — Bail can be obtained as a matter of right (devgan.in)
Triable by: Any Magistrate (devgan.in)
⚠️ Key Elements
A public nuisance must exist—this is any act or omission endangering life, health, convenience, decency, etc.
The person must have been formally enjoined, via an injunction by a competent public servant, to stop the nuisance.
After the injunction, the person knowingly repeats or continues the nuisance.
✅ Comparison & Context
This is an escalation from Section 292 BNS, which penalizes general public nuisance with a fine only.
Section 293 adds criminal liability—with possible imprisonment and higher fines—specifically when a lawful order to desist is ignored.
Though BNS does not provide an exact IPC equivalent, the principles mirror Sections 268–290 IPC relating to public nuisance, enhanced by enforcement mechanisms under the new statute.
📊 Summary Table
| Feature | Detail |
|---|---|
| Offence | Continuing public nuisance after injunction |
| Imprisonment | Up to 6 months |
| Fine | Up to ₹5,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Tried by | Any Magistrate |
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