Offences affecting Public Health, Safety and Convenience**

Nuisance (Sections 336-338 BNS)

Offences affecting public health, safety, convenience, decency, and morals are crimes that impact the general well-being, security, and moral fabric of society. Chapter XIX of the Bharatiya Nyaya Sanhita (BNS) deals with Offences affecting the Public Health, Safety, Convenience, Decency, and Morals (Sections 325 to 366), similar to Chapter XIV of the IPC.

Nuisance:

Nuisance, in criminal law, refers to acts or omissions that cause annoyance, obstruction, danger, or inconvenience to the public or to persons in general who dwell or occupy property in the vicinity.

Relevant BNS Provisions:

The BNS includes various sections that criminalize different forms of public nuisance and acts that endanger public safety or convenience.

Rash driving or riding on a public way (Section 127 BNS)

While this section is located in Chapter VII (Offences against the State, but also related to public safety), it is a form of public nuisance related to safety. Section 127 BNS (similar to Section 279 IPC) penalizes driving or riding any vehicle on a public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person. This is a direct threat to public safety on roads.

Causing danger, obstruction or injury to public way or navigable river (Section 336 BNS)

Section 336 of the BNS (similar to Section 283 of the IPC) criminalizes causing danger, obstruction, or injury to the public way or navigable river.

It states: "Whoever causes danger, obstruction or injury, to any person, on any public way or public line of navigation, by doing any act, or by omitting to take order with any property in his possession or under his charge, shall be punished..."

Example: Leaving obstacles on a public road without warning, damaging a public path, obstructing a navigable river, or allowing property (like a dangerous building) to be in a condition likely to cause danger on a public way.

Sale of spurious drugs (Section 234 BNS)

While this section is in Chapter XIII (Offences relating to coin, Government stamps, etc.), it relates to public health and safety. Section 234 BNS (similar to Section 274 IPC) penalizes the adulteration of drugs, Section 235 BNS (similar to Section 275 IPC) penalizes sale of adulterated drugs, and Section 236 BNS (similar to Section 276 IPC) penalizes sale of drug as a different drug. These are acts affecting public health by compromising the quality and safety of medicines.

Public nuisance

A general definition of public nuisance is provided in Section 336 of BNS (similar to Section 268 of IPC) which states that "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." A common nuisance is not excused by showing that it gives some advantage.

Punishment for public nuisance is prescribed in Section 338 BNS (similar to Section 290 IPC). Other sections deal with specific instances of public nuisance, such as negligently spreading disease dangerous to life (Section 334 BNS, similar to 269 IPC), malignant act likely to spread disease dangerous to life (Section 335 BNS, similar to 270 IPC), fouling water of public spring or reservoir (Section 339 BNS, similar to 277 IPC), making atmosphere noxious to health (Section 340 BNS, similar to 278 IPC), etc.

These provisions criminalize conduct that negatively impacts the health, safety, and convenience of the public, covering a wide range of acts from dangerous driving to pollution and spreading disease.

Offences relating to Food and Drugs

Ensuring the safety and quality of food and drugs is crucial for public health. The BNS criminalizes acts of adulteration and fraudulent sale of food and drugs.

Adulteration of Food or Drink (Section 231 BNS)

Adulteration involves degrading the quality of food or drink by mixing in inferior or harmful substances.

Provision:

Section 231 of the BNS defines Adulteration of food or drink intended for sale (similar to Section 272 of the IPC): "Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished..."

Ingredients:

Adulterating food or drink: Making it impure or of lower quality.
Making it noxious: The adulteration must make the food or drink harmful or injurious as food/drink.
Intent or Knowledge: Intending to sell the adulterated article OR knowing that it is likely to be sold as food/drink.

Example: Mixing harmful chemicals in milk, adding poisonous substances to sweets, adulterating spices with harmful ingredients. The offence is complete upon adulteration with the specified intent/knowledge of likely sale.

Sale of noxious food or drink (Section 232 BNS)

Selling or offering for sale food or drink that is known to be noxious is also a criminal offence.

Provision:

Section 232 of the BNS defines Sale of noxious food or drink (similar to Section 273 of the IPC): "Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, or is in a state unfit for food or drink, shall be punished..."

Ingredients:

Act: Selling, offering for sale, or exposing for sale.
Article: The article must be food or drink.
Condition: The article must be noxious (harmful) or unfit for food/drink.
Knowledge: The accused must know or have reason to believe that the article is noxious or unfit for food/drink.

Example: Selling spoiled food, selling beverages containing harmful substances, selling food items that have become contaminated and are unfit for consumption, knowing their condition.

These provisions aim to protect public health by criminalizing the production, distribution, and sale of adulterated and unsafe food and drink. Related sections deal with adulteration and sale of drugs (Sections 234-236 BNS), as mentioned earlier.

Offences affecting Decency and Morals**

Obscene Acts and Publications (Section 361 BNS)

Offences affecting public decency and morals deal with acts and materials that are considered harmful or offensive to public morality. These provisions reflect societal standards regarding acceptable public behaviour and expression.

Obscenity:

Obscenity, in the legal sense, refers to material or conduct that is considered lewd, indecent, or offensive to public morality.

Provision:

Section 361 of the BNS defines Obscene acts and songs (similar to Section 294 of the IPC): "Whoever, to the annoyance of others, does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished..."

Ingredients:

Act: Doing an obscene act OR singing/reciting/uttering obscene song/words.
Place: In any public place or near any public place.
Effect: To the annoyance of others.

This section deals with obscene conduct and expression in public places that cause annoyance. It covers public displays of indecency or offensive language/songs. The test of obscenity itself has been subject to judicial interpretation (e.g., the Hicklin test, later modified in India). The BNS also has separate provisions dealing with the sale, distribution, and publication of obscene books, pamphlets, drawings, etc. (Sections 362-366 BNS, similar to 292-293 IPC).

Section 362 BNS (similar to Section 292 IPC) defines selling, etc., of obscene books, etc. It makes it an offence to sell, distribute, publicly exhibit, or possess for sale or distribution any obscene book, pamphlet, paper, drawing, painting, representation, figure, or any other object.

Section 363 BNS (similar to Section 293 IPC) specifically deals with the sale, etc., of obscene objects to young persons (under the age of twenty years), which is treated as a more serious offence.

These sections collectively criminalize different aspects of obscenity, focusing on its public display, distribution, and availability, particularly to vulnerable groups.

Obscenity in Electronic Form (Implied in Sections 362-366 BNS)

The BNS includes 'electronic record' in the definition of a 'document' in Section 2(13) (similar to Section 29A IPC and the IT Act, 2000). Therefore, the provisions regarding obscene publications (Sections 362-366 BNS) would generally apply to obscene material in electronic form as well (e.g., obscene images, videos, or text distributed electronically), bringing these within the scope of traditional obscenity laws.

While the BNS may not have a dedicated chapter specifically for cyber-crimes affecting decency and morals, the inclusion of electronic records in definitions allows existing laws to be applied to online content. However, other specific cyber-crime laws (like provisions in the Information Technology Act, 2000) may also be relevant for online obscenity and related offences.

Worshipping or desecrating place of worship with intent to insult the religion of any class

Insulting or disrupting religious practices or places of worship with malicious intent is an offence that affects public peace and religious sentiments.

Provision:

Section 298 of the BNS deals with Injuring or defiling place of worship, with intent to insult the religion of any class (similar to Section 295 of the IPC): "Whoever destroys, damages or defiles any place of worship, or any object which is held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished..."

Section 299 of the BNS deals with Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs (similar to Section 295A of the IPC): "Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs, or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished..."

Explanation:

These sections criminalize acts that are intended to offend or insult religious sentiments or practices. This includes physically damaging places of worship or sacred objects (Section 298) and using words, signs, or representations to insult religious beliefs (Section 299).

The intention must be deliberate and malicious. These offences protect religious harmony and prevent acts that are likely to cause public disorder or hurt religious feelings.

Defiling sacred places (Covered under Section 298 BNS)

As seen in Section 298 BNS, 'defiling' a place of worship or any object held sacred by any class of persons with the intent to insult their religion is explicitly criminalized. Defiling means making something impure or desecrating it, often through offensive or disrespectful acts. This offence protects the sanctity of religious places and objects from malicious interference.

Offences relating to Killing Animals

While this may not always be classified under "Decency and Morals" universally, laws prohibiting cruelty to animals and specific acts of killing animals may have moral or ethical underpinnings related to the treatment of living beings. In the context of the BNS, some sections might cover such acts, potentially linking them to mischief or other relevant categories.

Killing animals with cruelty (Relevant BNS Provisions - Link to Mischief or Specific Acts)

Section 330(1)(k) of the BNS (similar to Section 428, 429 IPC, which are under Mischief) defines Mischief by killing, poisoning, maiming or rendering useless any animal. Causing mischief by killing, poisoning, maiming or rendering useless any animal of the value of ten rupees or upwards (Section 330(1)(k)) or of the value of fifty rupees or upwards (Section 330(1)(l)) is an offence. This offence is primarily classified under mischief (damage to property), but killing or maiming an animal is the specific act.

While the Prevention of Cruelty to Animals Act, 1960, is the primary law dealing with cruelty to animals, the BNS provisions cover specific instances of killing or harming animals, often focusing on the property aspect (causing wrongful loss by damaging or destroying the animal as property). If the killing involves cruelty, the provisions of the Prevention of Cruelty to Animals Act, 1960, would also apply.

These provisions collectively deal with conduct that is considered harmful to public health, safety, convenience, or violates societal standards of decency and respect for religious sentiments and certain moral values, as defined and enforced by the criminal law.