IPC 291 → BNS 293: Continuance of Nuisance

Quick Summary: IPC 291 vs BNS 293

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 291 covers continuance of nuisance, within the IPC's offences affecting public health, safety, decency and morals — public nuisance, negligent acts endangering life, adulteration, obscenity and rash driving. The BNS keeps these and, in places, sharpens the penalties for negligence, renumbering continuance of nuisance as BNS 293.

What did IPC 291 cover?

IPC 291 dealt with continuance of nuisance — continuance of nuisance after injunction to discontinue. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 293: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to continuance of nuisance are filed under BNS Section 293, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 293

Same - Up to 6 months

Practical implications for advocates, police & citizens

• Advocates: Negligence and public-harm offences like continuance of nuisance turn on the standard of care and causation — frame the defence around BNS 293 and the specific duty alleged.
• Police officers: Record the act endangering the public and any injury caused; a new continuance of nuisance FIR cites BNS 293.
• Law students & citizens: Everyday conduct — rash driving, negligent handling of fire or poison, selling adulterated goods — can attract the continuance of nuisance provision.