Nuisance

Nuisance is an act that causes injury, danger or annoyance to people. It is divided into public nuisance and private nuisance. It is both a tort as well as a crime. The Indian Penal Code, 1860, makes public nuisance a crime. Section 268 of the Code defines public nuisance as: 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 on the ground that it causes some convenience or advantage.

Under the law of tort, both public and private nuisance is punishable. Nuisance, as a tort, means an unlawful interference with a person's use or enjoyment of land, or some right over it, or in connection with it.

Public nuisance is interference with the right of public in general and is punishable as an offence.

Essentials of private nuisance:

:- unreasonable intereference

:- interference is with the use or enjoyment of land

:- damage

An act which is otherwise reasonable does not become unreasonable and actionable when the damage, even though substantial, is caused solely due to the sensitiveness of the plaintiff or the use to which he puts his property.

Effectual defences:

(1) Prescriptive right to commit nuisance

(2) Statutory authority

Ineffective defences:

(1) Nuisance due to acts of others

(2) Public good

(3) Reasonable care

(4) Volenti non fit injuria