Public Nuisance under the Law of Torts

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:41 PM IST

Nuisance Meaning

The word "nuisance" comes from the French word "Nuire," which means to anger or hurt. It is when someone's right to use or enjoy their property is unjustly interfered with. This legal privilege may only be withdrawn for good cause.

Under the law of tort, "nuisance tort" is the offence of violently interfering with another person's claim to this protection, in breach of the provided protection. In general, everyone has the right to make the most use and enjoyment of their property whether it be tangible, mobile, or immovable to the greatest extent that it can be.

This Story also Contains

Nuisance Meaning
Kinds of Nuisance
Essentials of Nuisance
Defences in Nuisance
Difference between Public Nuisance and Private Nuisance
Nuisance Case Laws
Conclusion

Public Nuisance under the Law of Torts

Kinds of Nuisance

Nuisance as a tort means unauthorised interference with someone’s rights and property. There are two kinds of nuisance. They are-

Public Nuisance

A public nuisance is defined as inappropriate and illegal behaviour by the defendant that results in significant harm to the general public's rights and causes legal problems. It becomes substantial when the defendant's actions have a detrimental impact on a large number of individuals.

Therefore, acts that seriously endanger the general public's comfort, safety, convenience, or health as well as those that violate moral standards have historically been classified as public nuisances. According to Section 268 of the Indian Penal Code, a person commits a public nuisance when they do anything that endangers, injures, or commonly causes harm to the public. Any action that impedes the public's property rights or any other kind of right.

Essential of Public Nuisance-

The essential conditions to constitute an act of public nuisance are-

Commission of an unlawful act
Infringement in one person’s property rights
Such behaviour cannot cause damage to people or property.

Punishment for Public nuisance-

Section 290 of the Indian Penal Code deals with the punishments for making a disturbance in public. According to the regulations, a fine of up to 200 rupees can be imposed on anyone found guilty of irritating the public.

Following the provisions of Section 291: "If the defendant continues to commit the nuisance after an injunction has been issued against him, he may face a fine, a term of imprisonment that may not exceed six months, or both."

Private Nuisance

A private nuisance is any unlawful interference that infringes on an individual's property rights. A nuisance is categorized as a private nuisance when it violates the rights of a specific person or group. A private nuisance differs from a public nuisance in that it is an act that directly impacts one or more individuals rather than the broader public. A civil suit for damages, an injunction, or both, rather than an indictment, is the appropriate course of action in a private nuisance action.

Essential elements of Private nuisance-

The essential elements of private nuisance are-

Interference with someone’s property unreasonably or unlawfully
The interference should have caused legal damage or injury to the aggrieved party. The damages might be to the person or property

Types of private Nuisance-

Private nuisance violates the personal property rights of an individual and can be termed as private nuisance. There are two types of private nuisance. They are

Causing damage to a property

Private nuisance when it's committed with property is called damages to property. Any reasonable hurt will be sufficient to support an action in the event of property damage. This kind of nuisance might originate from factories, supply lines, etc.

Injury to body

Private nuisance when it's committed with the body is called the injury to a body. In this case, the damages or injury is caused against a human body causing harm. When it comes to bodily discomfort, the behaviour that is being complained of needs to go beyond what is considered a normal and natural way to enjoy the property, significantly interfering with everyday conveniences.

Essentials of Nuisance

Damages as compensation

The Court may order the defendant to give the aggrieved party a sum of money equal to the extent of the inconvenience the former experienced. These damages could consist of material as well as monetary recompense.

Injunction as a remedy

If the aggrieved party cannot be fairly compensated or granted material relief under the law, the court may order the defendant to cease the work that is causing the nuisance. Depending on the specifics of the case, an injunction may be permanent or temporary. A court's discretionary remedy, an injunction can be characterized as compelling a party to take action or prevent them from doing an action. It could come in the form of a final or temporary order.

Types of Injunction-

Temporary Injunction-

A temporary injunction is a court order that keeps the property in the same condition until the lawsuit is eventually resolved. Such an injunction is in effect until the matter is finally resolved or until further directives are given. Providing security, protection, and maintenance of the property is the primary goal of this. The primary objective of issuing this injunction is to protect a party's or the suit's property's interests pending the outcome of the lawsuit.

Perpetual injunction-

After the lawsuit, it is issued as a decree, and its consequences are permanent. When a perpetual injunction is granted by the ruling, the injunction litigation is finally resolved. The ultimate decision is made and given an order. This is a definite relief injunction, not an interim one. The Specific Relief Act, of 1963 defines the issuance of a permanent injunction under Section 37(2). The clause states that only a decree made after an investigation and hearing on the merits of the case may give a perpetual injunction. This means that the defendant is permanently barred from exercising his rights or from engaging in any other behaviour that would infringe upon the plaintiff's rights.

Prohibitory Injunction-

This kind of injunction forbids the third party from acting in any way; it is an order to refrain from acting. For instance, to forbid engaging in any construction activities, unlawful possession, or property sales. A prohibitive injunction, also known as a restrictive injunction, is granted under Section 38 of the Specific Relief Act, 1963 and forbids or refrains from allowing someone to carry out a particular act to stop the other person's rights from being violated.

Mandatory Injunction-

This kind of injunction is the fourth one. This kind of injunction gives any party an order to perform a certain conduct in a specific manner. Regarding the Mandatory Injunction, see Section 39 of the Special Relief Act of 1963. The provision addresses the granting of a mandatory injunction but does not provide a precise definition of one. According to this clause, the court has the authority to impose injunctions for the alleged infringement and can, at its discretion, compel the performance of certain acts to prevent the duty from being breached. When providing definitive remedy rather than temporary relief, such as in exceptional or model circumstances like saving lives, etc., the principle of mandatory injunction is applied.

Abatement as a remedy

This is equivalent to a summary trial, in which the plaintiff has the authority to eliminate the nuisance conduct on his own without going through the legal system. But this has to be legal and not illegal. Legal terminology uses the term "abatement" in some ways. Abatement is the term used to describe the elimination or reduction of something in property law. It frequently refers to the elimination or decrease of property taxes. A public nuisance may also be eliminated or reduced by abatement. For instance, a nuisance abatement action permits a city or county to enter private property and carry out the required repairs or demolish the building if it is abandoned and becomes a magnet for criminal activity.

Defences in Nuisance

Prescription Rights

According to Sections 15 of the Easements Act and Section 26 of the Limitations Act, if the Defendant has been continuously pursuing the same course of action against the same plaintiff for the previous 20 years, the Plaintiff is not entitled to seek measures for Nuisance against the Defendant, even if the actions appear to be contrary at first glance.

Statutory Rights

Even though the act falls within the purview of a statute or law that has authorized the action in a certain manner, the plaintiff is not permitted to prosecute the defendant for nuisance. Statutory authority might be either absolute or conditional.

Difference between Public Nuisance and Private Nuisance

Public Nuisance	Private Nuisance
In public nuisance right of the public at large is infringed.	In private nuisance right of an individual is infringed on
Causes injury to the public as a whole	Causes injury to an individual
A person can only file a lawsuit if they suffer a specific kind of harm.	The injured party may bring legal action.
It is actionable on its own.	The plaintiff must provide evidence that his enjoyment of the land is being impeded.

Nuisance Case Laws

Shaikh Ismail Habib v. Nirchanda

In this instance, the defendant had donated a part of his own house to charitable causes, allowing neighbours to use it for free for any purpose relating to poojas, marriage celebrations, or other rituals. Discordant instruments were performed for extended periods throughout ceremonies, and there was a lot of noise created because of this particular charity site. It was difficult for the residents in this typical residential area to go out of their everyday activities as usual.

The plaintiff was entitled to an injunction that forbade the defendant from disturbing her while she slept, as the high court found that the defendant's acts constituted a nuisance. Charitable giving is not acceptable as a defence in these circumstances.

Mal Chiranji Lal v. L.L Prasad

The plaintiff's house is next to the defendant's electric flour mill in the Bazar Locality in Mussoorie. The plaintiff claimed that his family and he were unable to dwell in their house due to the excessive noise and vibration caused by this. They claimed that this is making them feel uncomfortable and unconvinced.

The case that was brought before the Allahabad High Court addressed the two arguments combined and concluded that each property owner has the right to use their property as they see fit, however, there may be restrictions on their capacity to use it for incidental or beneficial purposes.

Therefore, the plaintiff has the right to live comfortably in his own home; if the defendant is creating noise and vibration that significantly disturbs the plaintiff, this is a nuisance. The appeal was denied by the court, which declared Mill to be a major question and a nuisance.

Conclusion

A public nuisance is characterized as improper and unlawful behaviour on the part of the defendant that seriously violates the rights of the general public and gives rise to legal issues. When the defendant's activities negatively affect a significant number of people, it becomes important. In public nuisance, the whole society faces annoyance or infringement of personal rights.

Frequently Asked Questions (FAQs)

1. What is the meaning of public nuisance?

2. What is an example of a public nuisance?

The best example of public nuisance is loud noise playing in society which disturbs the whole society.

3. Is public nuisance a criminal case?

Yes, public nuisance is a criminal, as it is mentioned under section 268 of the Indian Penal Code 1860.

4. What are the two types of nuisance?

The two types of nuisance are- Public nuisance and Private Nuisance

5. What is the defence of public nuisance?

There are two defences of public nuisance they are- prescription rights and Statutory rights.

6. How does public nuisance law interact with regulatory compliance?

Compliance with regulations doesn't automatically shield an entity from public nuisance claims. While regulatory compliance is a factor courts consider, an activity can still be deemed a public nuisance if it substantially interferes with public rights, even if it meets all applicable regulations.

7. What is the statute of limitations for public nuisance claims?

The statute of limitations for public nuisance claims can vary by jurisdiction and the nature of the nuisance. For ongoing nuisances, the statute of limitations may not begin to run until the nuisance is abated. It's important to note that government entities often have different (usually longer) limitation periods than private individuals.

8. What is the role of causation in public nuisance cases?

Causation is a crucial element in public nuisance cases. The plaintiff (often a government entity) must prove that the defendant's actions or omissions are a substantial factor in causing the public harm. This can be challenging in complex cases, such as those involving environmental pollution with multiple potential sources.

9. What remedies are available for public nuisances?

Remedies for public nuisances may include injunctions to stop the nuisance-causing activity, abatement orders requiring the responsible party to clean up or correct the problem, fines or penalties, and in some cases, criminal charges. The goal is to protect the public interest and prevent future harm.

10. What is the "special injury rule" in public nuisance cases?

The special injury rule requires that a private individual seeking to bring a public nuisance claim must have suffered harm different in kind, not just in degree, from that suffered by the general public. This rule limits private actions for public nuisances to prevent a flood of individual lawsuits over community-wide issues.

11. What is a public nuisance in tort law?

A public nuisance is an unreasonable interference with a right common to the general public. It affects the community at large or a significant portion of it, rather than just individuals. Examples include blocking a public highway, polluting a river, or creating excessive noise in a residential area.

12. How does a public nuisance differ from a private nuisance?

A public nuisance affects the community or a large group of people, while a private nuisance affects an individual or a limited number of individuals. Public nuisances are typically prosecuted by the state, while private nuisances are usually addressed through civil lawsuits by affected individuals.

13. Who is responsible for addressing public nuisances?

Public nuisances are typically addressed by government authorities, such as local municipalities, state agencies, or public prosecutors. These entities have the power to bring legal action to stop the nuisance and seek remedies on behalf of the public.

14. How does public nuisance law relate to environmental protection?

Public nuisance law has been increasingly used as a tool for environmental protection. It allows government entities and, in some cases, environmental groups to take legal action against polluters or others causing widespread environmental harm, even when specific environmental regulations may not apply.

15. What is the relationship between public nuisance and criminal law?

Some public nuisances can also be criminal offenses. For example, operating a drug house is both a public nuisance and a crime. In such cases, the conduct may be addressed through both civil public nuisance actions and criminal prosecutions, serving different legal purposes.

16. What is the significance of the "substantial interference" requirement in public nuisance cases?

For an activity to be considered a public nuisance, it must substantially interfere with public rights. Minor inconveniences or annoyances typically don't qualify. The interference must be significant enough to warrant legal intervention on behalf of the community.

17. Can a public nuisance arise from an omission rather than an action?

Yes, a public nuisance can arise from an omission or failure to act, particularly when there's a legal duty to do so. For instance, a property owner's failure to remove a dangerous structure that threatens public safety could be considered a public nuisance.

18. How does the concept of "public right" factor into public nuisance law?

A public nuisance must interfere with a "public right" - a right common to all members of the community. This distinguishes it from private nuisances. Public rights include the right to use public spaces, breathe clean air, have access to clean water, and be free from unreasonable health hazards in the community.

19. Can a public nuisance be based on aesthetic concerns?

While traditionally public nuisances were based on health, safety, or morals, some modern courts have recognized aesthetic concerns as potential grounds for public nuisance claims. However, this remains controversial and varies by jurisdiction. Aesthetic-based claims often face higher scrutiny and must demonstrate significant community impact.

20. How does the "balancing of interests" test apply in public nuisance cases?

Courts often use a balancing test in public nuisance cases, weighing the social utility of the defendant's conduct against the gravity of the harm to the public. If the harm significantly outweighs the benefit, the activity is more likely to be deemed a public nuisance, even if it has some social value.

21. What are some common examples of public nuisances?

Common examples of public nuisances include environmental pollution, obstructing public roads or waterways, operating an unlicensed business, maintaining a drug house, excessive noise affecting an entire neighborhood, and creating health hazards that affect the community.

22. Can a public nuisance be temporary or must it be ongoing?

A public nuisance can be either temporary or ongoing. Temporary nuisances might include short-term events causing significant public disruption, while ongoing nuisances persist over time. The duration of the nuisance may affect the type of remedies available and the urgency of legal intervention.

23. How does the concept of "public policy" influence public nuisance law?

Public policy considerations play a significant role in shaping public nuisance law. Courts often consider broader societal interests when determining whether an activity constitutes a public nuisance. This can lead to evolving interpretations of what qualifies as a public nuisance as social values and priorities change over time.

24. How do courts determine what constitutes a "significant portion of the public" in public nuisance cases?

There's no fixed threshold for what constitutes a "significant portion of the public." Courts consider factors such as the number of people affected, the geographic scope of the impact, and the nature of the right being interfered with. The key is that the nuisance must affect the community at large, not just a few individuals.

25. Can a public nuisance arise from a single act or must it be ongoing?

While public nuisances are often ongoing conditions, a single act can constitute a public nuisance if its effects are sufficiently widespread and severe. For example, a one-time toxic spill that contaminates a public water supply could be considered a public nuisance due to its broad impact on the community.

26. Can an individual sue for a public nuisance?

Generally, individuals cannot sue for a public nuisance unless they can prove they suffered a "special injury" different from that experienced by the general public. This "special injury" must be distinct in kind, not just in degree, from the harm suffered by the community at large.

27. How does the "coming to the nuisance" doctrine apply to public nuisances?

The "coming to the nuisance" doctrine, which sometimes limits liability in private nuisance cases, generally does not apply to public nuisances. This is because public nuisances affect the rights of the entire community, and an individual's choice to move near an existing nuisance doesn't negate the broader public harm.

28. Can a lawful business activity constitute a public nuisance?

Yes, even a lawful business activity can be considered a public nuisance if it unreasonably interferes with public rights. The key is the effect of the activity, not its legality. For example, a factory operating legally might still create a public nuisance through excessive pollution or noise.

29. What is the role of statutory law in defining public nuisances?

Many jurisdictions have statutes that define specific activities as public nuisances. These laws can provide clearer guidelines for what constitutes a public nuisance and may specify penalties or remedies. However, common law principles still play a significant role in interpreting and applying these statutes.

30. How does the concept of "reasonableness" factor into public nuisance law?

Reasonableness is a key factor in determining whether an activity constitutes a public nuisance. Courts often balance the utility of the conduct against the harm it causes to the public. An activity that causes significant public harm with little social benefit is more likely to be deemed unreasonable and thus a public nuisance.

31. What is the relationship between public nuisance and product liability law?

In recent years, there have been attempts to use public nuisance law in product liability cases, particularly in litigation against manufacturers of harmful products like tobacco, lead paint, or opioids. This application remains controversial, with courts divided on whether product distribution can constitute a public nuisance.

32. What role does intent play in establishing a public nuisance?

Intent is not always necessary to establish a public nuisance. While intentional acts can certainly create public nuisances, negligent or even innocent actions that result in substantial interference with public rights can also be deemed public nuisances. The focus is on the effect of the conduct rather than the actor's state of mind.

33. How does the concept of "social utility" factor into public nuisance determinations?

Social utility is an important consideration in public nuisance cases. Courts often balance the social value of the defendant's activity against the harm it causes to the public. An activity with high social utility might be less likely to be deemed a nuisance, even if it causes some level of public inconvenience or harm.

34. What is the relationship between public nuisance law and zoning regulations?

While zoning regulations and public nuisance law are distinct, they often intersect. Compliance with zoning laws doesn't necessarily prevent an activity from being a public nuisance. Conversely, zoning violations that significantly impact the community might be addressed through public nuisance actions in addition to zoning enforcement.

35. How does the "harm to public health" factor into public nuisance cases?

Harm to public health is a significant factor in many public nuisance cases. Activities that pose substantial risks to community health, such as widespread pollution or the creation of disease-breeding conditions, are more likely to be considered public nuisances. Courts often give considerable weight to public health concerns in their determinations.

36. How does the "coming to the nuisance" doctrine differ in public versus private nuisance cases?

The "coming to the nuisance" doctrine, which can limit liability in private nuisance cases if the plaintiff moved to an area where the nuisance already existed, generally doesn't apply to public nuisances. This is because public nuisances affect community rights that exist regardless of when individuals moved to the area.

37. Can economic harm alone constitute a public nuisance?

While public nuisances typically involve physical harm or interference with public rights, some courts have recognized that severe and widespread economic harm could potentially constitute a public nuisance. However, this application is less common and often requires showing that the economic harm has broader societal impacts.

38. How does the principle of "de minimis non curat lex" (the law does not concern itself with trifles) apply to public nuisance cases?

This principle suggests that minor inconveniences or annoyances shouldn't be considered public nuisances. For an interference to be actionable as a public nuisance, it must be substantial and affect a significant portion of the community. Trivial or minimal impacts generally don't meet this threshold.

39. What is the role of expert testimony in public nuisance cases?

Expert testimony often plays a crucial role in public nuisance cases, particularly those involving complex scientific or technical issues. Experts may be called upon to establish the existence, cause, extent, and potential remedies for the alleged nuisance. Their testimony can be pivotal in helping courts understand the nature and impact of the nuisance.

40. How does public nuisance law address issues of cumulative harm?

Public nuisance law can be used to address cumulative harm - situations where the combined effect of multiple sources creates a substantial interference with public rights, even if each individual source might not be problematic on its own. This is particularly relevant in environmental cases involving multiple polluters.

41. Can a public official be held liable for creating or allowing a public nuisance?

Public officials can potentially be held liable for creating or allowing a public nuisance, especially if they act outside their official capacity or in violation of their duties. However, various immunity doctrines may protect officials acting within their official roles, making such cases complex and often challenging to pursue.

42. How does the concept of "public trust" relate to public nuisance law?

The public trust doctrine, which holds that certain natural and cultural resources are preserved for public use, can intersect with public nuisance law. Activities that interfere with resources held in the public trust (like navigable waters or public beaches) may be considered public nuisances, providing another avenue for environmental protection.

43. What is the significance of the "unreasonable interference" standard in public nuisance law?

The "unreasonable interference" standard is central to public nuisance law. It requires courts to assess whether the defendant's conduct unreasonably interferes with a public right, considering factors such as the extent and duration of the interference, the nature of the harm, and the social utility of the conduct.

44. How does public nuisance law address technological advancements that create new forms of potential interference with public rights?

Public nuisance law has shown flexibility in addressing new technologies that may interfere with public rights. For instance, cases involving digital privacy, cybersecurity threats, or widespread technological disruptions may be framed as public nuisances if they significantly impact community interests. Courts often adapt traditional principles to new contexts.

45. What is the relationship between public nuisance law and the concept of "attractive nuisance"?

While "attractive nuisance" is primarily a concept in premises liability law, it can intersect with public nuisance in cases where a hazardous condition attracts children and poses a risk to the community. A property feature that is both an attractive nuisance and affects the broader public could potentially be addressed through public nuisance law.

46. How does the "continuous tort" doctrine apply to public nuisance cases?

The continuous tort doctrine can be relevant in public nuisance cases, particularly for ongoing nuisances. It suggests that each day a nuisance continues can be considered a new violation, which can affect issues like the statute of limitations and the calculation of damages. This doctrine helps address long-term or persistent public nuisances.

47. Can failure to act to prevent harm to the public constitute a public nuisance?

Yes, in some cases, failure to act can constitute a public nuisance, particularly when there's a legal duty to act. For example, a property owner's failure to remedy a dangerous condition that threatens public safety could be considered a public nuisance. The key is establishing that there was a duty to act to protect the public.

48. How does public nuisance law interact with constitutional rights, particularly property rights?

Public nuisance law can sometimes conflict with constitutional property rights. Courts must balance the public's right to be free from nuisances against property owners' rights to use their property. Generally, reasonable restrictions to prevent public nuisances are considered valid exercises of police power, but extreme or arbitrary restrictions may face constitutional challenges.

49. What is the role of local ordinances in defining and addressing public nuisances?

Local ordinances often play a significant role in defining and addressing public nuisances. Many municipalities have specific ordinances that declare certain conditions or activities to be public nuisances. These local laws can provide clearer standards and more efficient enforcement mechanisms for addressing community-specific nuisance issues.

50. How does the concept of "public right of way" factor into public nuisance cases?

Interference with public rights of way is a common basis for public nuisance claims. Activities that obstruct or render dangerous public roads, sidewalks, or waterways can be considered public nuisances. This concept underscores the importance of maintaining public access and safety in shared spaces.

51. Can a public nuisance arise from the cumulative effect of multiple private nuisances?

Yes, in some cases, the cumulative effect of multiple private nuisances can give rise to a public nuisance. If the combined impact of several individual actions or conditions substantially interferes with public rights or affects a significant portion of the community, it may be addressed as a public nuisance.

52. How does public nuisance law address issues of causation in cases with multiple contributors?

Causation in public nuisance cases with multiple contributors can be complex. Courts may apply various theories, including substantial factor causation or market share liability, to address situations where multiple parties contribute to a public nuisance. The goal is to fairly allocate responsibility while ensuring the public harm is addressed.

53. What is the relationship between public nuisance law and the concept of "public health emergency"?

Public health emergencies can sometimes be addressed through public nuisance law. Conditions or activities that create widespread health risks