Distinction / Difference between Public Nuisance and Private Nuisance

No  Public Nuisance Private Nuisance

1 Meaning: Meaning:

       According to Section 268 of       Private Nuisance means any illegal

IPC Public Nuisance Is a Criminal act of omission causing injury or
Offence.  It means any illegal act or danger to any individual or his
omission causing injury, property in particular.
obstruction, danger or annoyance
to public in general or public at
Large.

2 Definition: Definition :

       A person is guilty of a public           Private nuisance may be defined

nuisance who does any act or is as unlawful interference with another's
guilty of an illegal omission which use and enjoyment of property or
causes any common injury, danger someone's right over or in connection
or annoyance to the public or to the with property.
people in general who dwell or
occupy property in the vicinity, or (Private nuisance is not defined in
which must necessarily cause Indian Penal Code)
injury, obstruction, danger or
annoyance to persons who may
have occasion to use any public
right. (Section 268 Indian Penal
Code)

3 Nature:  Nature: 

             It affects the public at              It affects only Individuals or

large. determinate body thereof.
 4 Right To sue:   Right To sue: 

                Any public motivated or          A private individual or his legal

spirited person or organization or representative, to whom or to whose
association can sue. property injury is caused can sue.

5 Remedy:  Remedy: 
                
             Injunction restraining from           Damages can also be claimed
doing any illegal act or omission. with injunction.

Suits relating to public nuisance Section 91 of civil procedure code

1) Introduction -

          Section 91 of the Civil Procedure Code (CPC) provides for filing a suit in the case of public nuisance or

wrongful act affecting the public at large.  Nuisance is nothing but an act or omission which causes common

injury, danger or anions to the public or the people in general to their enjoyment in respect of their

properties.

2) What is Public Nuisance? 

The expression "Public Nuisance" has not been defined in the civil procedure code.

       The word 'Nuisance' is derived from the French word 'nuire' and the Latin word 'nocere'  which means

to do hurt or to annoy. .Blackstone describes Nuisance as something that "worketh hurt, inconvenience or

damage.
       According to Section 268 of the Indian Penal Code (IPC), Public Nuisance Is a Criminal Offence.  It

means any illegal act or omission causing injury, obstruction, danger or annoyance to Public in general or

public at Large.

3) Definition of Public Nuisance -

    A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which 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 268 Indian Penal Code)  

See also...Distinction / Difference between Public Nuisance and Private Nuisance

4) Public nuisances and other wrongful acts affecting the public (Section 91) -

     (1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit

for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the

case, may be instituted -

       (a) by the Advocate General, or

       (b) with the leave of the Court, by two or more persons, even though no special damage has been

caused to such persons by reason of such public nuisance or other wrongful act.

     (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist

independently of its provisions.

 5) Who may Sue?

In case of public nuisance suit may be filed by the advocate general or by two or more persons with the

leave of the court. A Suit relating to public nuisance may also be filed by a private person if he has

sustained special damage.

6) Remedies available against Public Nuisance - 

A person who commits a public nuisance may be punished under the Indian Penal Code

A suit can be instituted for declaration, Injection or other appropriate relief without proof of special damage

A suit relating to public nuisance may also be filed by a private individual, where he has suffered special

damage.

Suits relating to public nuisance Section 91 of civil procedure code

1) Introduction -

Section 91 of the Civil Procedure Code (CPC) provides for filing a suit in the case of public nuisance or

wrongful act affecting the public at large. Nuisance is nothing but an act or omission which causes common
injury, danger or anions to the public or the people in general to their enjoyment in respect of their

properties.

2) What is Public Nuisance?

The expression "Public Nuisance" has not been defined in the civil procedure code.

The word 'Nuisance' is derived from the French word 'nuire' and the Latin word 'nocere' which means

to do hurt or to annoy. .Blackstone describes Nuisance as something that "worketh hurt, inconvenience or

damage.

According to Section 268 of the Indian Penal Code (IPC), Public Nuisance Is a Criminal Offence. It

means any illegal act or omission causing injury, obstruction, danger or annoyance to Public in general or

public at Large.

3) Definition of Public Nuisance -

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which 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 268 Indian Penal Code)
See also...Distinction / Difference between Public Nuisance and Private Nuisance

4) Public nuisances and other wrongful acts affecting the public (Section 91) -

(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit

for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the

case, may be instituted -

(a) by the Advocate General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been

caused to such persons by reason of such public nuisance or other wrongful act.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist

independently of its provisions.

5) Who may Sue?

In case of public nuisance suit may be filed by the advocate general or by two or more persons with the

leave of the court. A Suit relating to public nuisance may also be filed by a private person if he has

sustained special damage.

6) Remedies available against Public Nuisance -

A person who commits a public nuisance may be punished under the Indian Penal Code

A suit can be instituted for declaration, Injection or other appropriate relief without proof of special damage

A suit relating to public nuisance may also be filed by a private individual, where he has suffered special

damage.

See also

1. What is Stay of suit or Res-Subjudice

2. Difference between Decree and Order

3. Difference between Judgement and Decree

4. Difference between Res Judicata and Res Subjudice

5. The Provisions of Transfer of Suits or Appeal (Civil Procedure Code - Section 22 to Section 25)

Next

Bar to further suit [Bar of suit] (Section 12 of the Code of Civil Procedure)

Previous

What is Stay of suit or Res-Subjudice

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