Section 280 punishes anyone who voluntarily vitiates the atmosphere in a place so that it becomes noxious to the health of people generally living, working or passing by in the neighbourhood. The only punishment is a fine of up to ₹1,000; there is no jail term. It is the Bharatiya Nyaya Sanhita's version of IPC Section 278, with the maximum fine doubled from ₹500.
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 280 is marked Substantively changed — it descends from one section of the old Indian Penal Code, 1860, and the maximum fine has been raised:
| BNS 280 | Covers | IPC, 1860 equivalent | Category |
|---|---|---|---|
| 280 | Making atmosphere noxious to health | S.278 “Making atmosphere noxious to health” | Substantively changed |
Comparing the two statutory texts word by word, the description of the offence is identical: voluntarily vitiating the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way. The only difference is the punishment. IPC Section 278 provided for fine which may extend to five hundred rupees. BNS Section 280 provides for fine which may extend to one thousand rupees. The maximum fine is therefore doubled (₹500 to ₹1,000). Neither Act provides imprisonment for this offence, and no ingredient was added or removed.
Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to one thousand rupees.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Section 280 deals with air pollution of a local kind, caused voluntarily. Its ingredients are: (1) the accused vitiates the atmosphere in some place; (2) he does so voluntarily; and (3) the result is that the atmosphere becomes noxious to the health of persons in general who dwell or carry on business in the neighbourhood, or who pass along a public way. The section does not list any particular method. What it asks about is the outcome, that the atmosphere is made noxious to health, and it describes the persons affected as persons in general dwelling or carrying on business in the neighbourhood or passing along a public way.
“Voluntarily” is defined in Section 2(33) of the BNS: a person causes an effect voluntarily when he causes it by means whereby he intended to cause it, or by means which, at the time of employing them, he knew or had reason to believe to be likely to cause it. So the offence is not committed by a purely unforeseeable accident, but it can be committed by someone who did not specifically want to harm health yet knew that his chosen means were likely to have that effect. The words “persons in general dwelling or carrying on business in the neighbourhood or passing along a public way” describe who must be affected. The section sits in Chapter XV of the Sanhita (offences affecting the public health, safety, convenience, decency and morals).
The punishment is a fine only, of up to ₹1,000; the section does not authorise any imprisonment. Under the BNSS First Schedule the offence is non-cognizable (the police may not arrest without a warrant), bailable, triable by any Magistrate, and it is not among the offences that may be compounded under BNSS Section 359. Section 280 should be kept apart from Section 279 (which protects the water of a public spring or reservoir), from Section 270 (public nuisance in general) and from Section 292 (the punishment for public nuisance where no other provision applies). Section 280 has its own words on making the atmosphere noxious to health, and its own ceiling on the fine (one thousand rupees).
No. The only punishment the section provides is a fine which may extend to ₹1,000. There is no jail term for this offence.
Under the First Schedule to the BNSS it is a non-cognizable and bailable offence, triable by any Magistrate. Being bailable, bail can be claimed as of right (BNSS Section 478).
The section speaks of the atmosphere being made noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way. The harm is therefore to the general public in the vicinity rather than to one named individual.
The section requires that the atmosphere be vitiated voluntarily. Under Section 2(33) of the BNS that means the effect was intended, or was caused by means which the person knew or had reason to believe were likely to cause it. An effect that was neither intended nor foreseeable in that sense falls outside the section.
The wording of the offence is the same. The only change is that the maximum fine has been raised from ₹500 to ₹1,000.