The term public nuisance covers a wide variety of minor crimes that threaten the health, morals, safety, comfort, convenience, or welfare of a community. Violators may be punished by a criminal sentence, a fine, or both. A defendant may also be required to remove a nuisance or to pay the costs of removal.
For example, a manufacturer who has polluted a watercourse might be fined and might also be ordered to pay the cost of cleanup. Public nuisances may interfere with public health, such as in the keeping of diseased animals or creating obstruction in public way. Public safety nuisances include shooting fireworks in the streets, storing explosives, practising medicine without a license, etc.
The Penal Code, 1860 provides for a range of acts and omissions that amount to public nuisance and call for penalties.
What is public nuisance?According to the law, public nuisance means an act or an 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, dangers 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.
Negligent act likely to spread infection of disease dangerous to lifeAny wilful or negligent act which is likely to spread the infection of any disease dangerous to life is an offence and the person responsible shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Malignant act likely to spread infection of disease dangerous to lifeAny person who malignantly does any act which is likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Disobedience to quarantine ruleIf any person knowingly disobeys any rule made and promulgated by the government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, he/she shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Adulteration of food or drink intended for saleIf any person 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, that person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.
Sale of noxious food or drinkSelling, or offering for sale, as food or drink, any article which has become noxious, or is in a state unfit for eating or drinking constitutes a criminal offence. Any person guilty of the offence shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.
Adulteration of drugs and sale of adulterated drugsWhoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for any medicinal purpose, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.
And, whoever knowingly sells any such adulterated drugs, or offers or exposes it for sale, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.
Sale of drug as a different drug or preparationIf any person knowingly sells, or offers or exposes for sale, any drug or medicinal preparation, as a different drug or medical preparation, that person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.
Polluting a watercourse or a public reservoirIf any person pollutes the water of any watercourse or a public reservoir, so as to render it less fit for the purpose for which it is ordinarily used, that person shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to Tk500 or with both.
Making atmosphere noxious to healthIf any person voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, that person shall be punished with fine which may extend to Tk500.
Rash driving or riding on a public wayDriving any vehicle, or riding on any public way in a rash or negligent manner which may endanger human life, or is likely to cause hurt or injury to any other person is an offence and whoever does this shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may, subject to the minimum of Tk1,000, extend to Tk5,000 or with both. According to the law, exceeding the prescribed speed-limit while driving a vehicle or riding shall be deemed to be rash or negligent driving.
Rash navigation of vesselWhoever navigates any vessel in a rash or negligent manner which may endanger human life, or is likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.
Danger or obstruction in public way or line of navigationIf any person, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, that person shall be punished with fine which may extend to Tk200.
- See more at:
http://www.dhakatribune.com/juris/2014/oct/09/stop-nuisance#sthash.aEflaf4o.dpuf
