Skip to main content

Nuisance under Law of tort And IPC

 Nuisance Under Law of Torts


Introduction

Nuisance as a tort means an unlawful interference with the person’s use and

enjoyment of land or some right over, or in connection with it. Acts interfering

with the comfort, health or safety are the examples of it. The interference may

be in any way eg noise, vibrations, heat, smoke, smell, fumes, water, gas,

electricity.


Definitions given by different Scholars

The word ‘nuisance has been derived from the French word ‘nuire’ and Latin

word ‘nocare’ which means, to do hurt or to annoy.

• Ordinarily nuisance means disturbances.

• Stephen defined nuisance as, ‘to be anything done to the hurt or annoyance

of the lands, tenement or hereditaments of another, and not amounting to a

trespass’.

Blackstone, ‘nuisance as something that work to hurt, inconvenience or

damage’.

Winfield, ‘nuisance is incapable of exact definition but for the purpose of law

of tort, it may be described as unlawful interference with a person’s use or

enjoyment of land or of some right over, or in connection with

Salmond, ‘the wrong of nuisance consists in causing or allowing without lawful

justification (but so as to common to trespass) the escape of any deterious

thing from his land or from elsewhere into land in possession of the plaintiff

eg. Water, smoke, smell, fumes, gas, noise, heat, vibration, electricity, disease,

germs, animals.

Clark and Lindsell, ‘nuisance is an act or omission which is an interference with

disturbance of or annoyance to a person in the exercise or enjoyment of –

a. Right belonging to him as a member of public when it is a public nuisance, or


b. His ownership or occupation of land, or some easement, quasi easement, or

other right used or enjoyed in connection with land, when it is private

nuisance.’

Nuisance should be distinguished from trespass. Trespass is (i) a direct

physical interference (ii) with the plaintiff’s possession of land (iii) through

some material or tangible objects. Both nuisance and trespass are similar in so

far as in either case the plaintiff has to show his possession of land. The two

may even coincide, some kind of nuisance being also continuing trespass. The

point of distinction between the two are as follows-

If interference is direct, the wrong is trespass, if it is consequential, it amounts

to nuisance. Planting a tree on another's land is trespass. But when a person

plants a tree over his own land and the roots or branches project into or over

the land of another person, that nuisance.


Kinds of Nuisance

1. Public Nuisance

2. Private Nuisance


 Public Nuisance

Under Section 3 (48) of the General Clauses Act, 1897, the words mean a public nuisance

defined by the Indian Penal Code.

Section 268 of the Indian Penal Code, defines it as “an act or illegal omission which causes

any common injury, danger or annoyance, 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.”

Private Nuisance

Private nuisance is the using or authorizing the use of one’s property, or of anything under

one’s control, so as to injuriously affect an owner or occupier of property by physically

injuring his property or affecting its enjoyment by interfering materially with his health,

comfort or convenience.

In contrast to public nuisance, private nuisance is an act affecting some particular individual

or individuals as distinguished from the public at large. The remedy in an action for private

nuisance is a civil action for damages or an injunction or both and not an indictment.


Public nuisance is a crime whereas private nuisance is a civil wrong. Public nuisance is

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

a public way by digging a trench, or constructing structure on it are example of public

nuisance. Although such obstruction may cause inconvenience to many persons but none

can be allowed to bring a civil action for that, otherwise there may be hundreds of actions

for a single act of public nuisance. To avoid multiplicity of suits, the law makes public

nuisance only an offence punishable under criminal law.

Comments

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...