Section 292 is the residuary penalty for public nuisance. It applies when a person commits a public nuisance (as defined in Section 270) in a case that no other provision of the Sanhita punishes, and it provides a fine of up to ₹1,000, with no imprisonment. It is the Sanhita's version of IPC Section 290, with the maximum fine raised from ₹200 to ₹1,000.
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 292 is marked Substantively changed — it descends from one section of the old Indian Penal Code, 1860, but the fine has been raised:
| BNS 292 | Covers | IPC, 1860 equivalent | Category |
|---|---|---|---|
| 292 | Punishment for public nuisance in cases not otherwise provided for | S.290 “Punishment for public nuisance in cases not otherwise provided for” | Substantively changed |
The offence is described in the same way in both Acts: committing a public nuisance in any case not otherwise punishable by the statute. The differences are two. The maximum fine rises from two hundred rupees (IPC Section 290) to one thousand rupees (BNS Section 292). And the residuary phrase now refers to a case “not otherwise punishable by this Sanhita”, where the IPC said “by this Code”. The punishment is still fine only; neither Act provides imprisonment for this offence.
Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita 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 292 does not itself describe a nuisance; it supplies the penalty for one. The description comes from Section 270, which says a person is guilty of a public nuisance who does any act, or is guilty of an illegal omission, that causes any 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 persons who may have occasion to use any public right. Section 270 adds that a common nuisance is not excused on the ground that it causes some convenience or advantage. Section 292 then says that whoever commits such a public nuisance is punishable with a fine of up to ₹1,000.
The ingredients are therefore: (1) the accused does an act, or is guilty of an illegal omission; (2) that conduct amounts to a public nuisance within Section 270, that is, it causes common injury, danger or annoyance to the public or to those in the vicinity, or necessarily causes injury, obstruction, danger or annoyance to people using a public right; and (3) the case is one not otherwise punishable by this Sanhita. The third ingredient is what makes Section 292 a residuary or “fall-back” provision. Where another section of the Sanhita specifically punishes the conduct — for example fouling the water of a public spring (Section 279), vitiating the atmosphere (Section 280) or negligent conduct with machinery, buildings or animals (Sections 289 to 291) — that specific section applies and Section 292 is not needed. Section 292 is reached only when the nuisance falls in the gaps left by those specific offences.
Section 270 speaks of “common” injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity; on those words, the effect is on the public or a section of the community, and not on one individual alone. The penalty is a fine only, up to ₹1,000, with no term of imprisonment available. Under the BNSS First Schedule the offence is non-cognizable, bailable and triable by any Magistrate, and it does not appear in either table of BNSS Section 359, so it is not compoundable. Section 292 should be distinguished from Section 293, which is a separate and more serious offence: repeating or continuing a public nuisance after a public servant with lawful authority has enjoined the person not to do so.
Section 270 defines what a public nuisance is. Section 292 provides the punishment for committing one in a case that no other provision of the Sanhita punishes. Read together, they create the residuary offence.
No. The section provides only for a fine which may extend to ₹1,000. It does not provide for imprisonment of any kind.
Under the First Schedule to the BNSS it is non-cognizable and bailable, triable by any Magistrate. It is not listed in either table of BNSS Section 359, so it is not compoundable.
It means Section 292 is a fall-back. If the same conduct is specifically made an offence by another section of the Sanhita, that other section applies. Section 292 covers only public nuisances that no other section punishes.
The maximum fine is raised from ₹200 to ₹1,000, and the residuary phrase now says “this Sanhita” instead of “this Code”. The offence is otherwise described in the same way.