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Public nuisance is a common law offence involving environmental danger or loss of amenity or offensive public behaviour. The related common law offence of outraging public decency involves actions or displays in public places that outrage generally accepted standards of decency, in the presence of at least two people.
As per section 268 of the Indian Penal Code, 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,
An example of a nuisance is your nosy neighbor. A nuisance that may easily be repaired or avoided. A potentially dangerous element or entity on real property that may attract people, especially children, to use it to their own harm; for example, a swimming pool.
In order that an individual may have a private right of action in respect of a public nuisance, the following must be proved. 1) he must show a particular injury to himself beyond that which is suffered by the rest of public. 2) such injury must be direct and not a mere consequential injury.
Public Nuisance Instances where an individual may have a private right of action in respect to a public nuisance: He must show the existence of any personal injury which is of a higher degree than the rest of the public. Such an injury has to be direct and not just a consequential injury.
To make a public nuisance claim you must prove that a person's conduct or behaviour has caused injury, loss or damage to the community as a whole.
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. The sheer number of people affected doesn't transform a private nuisance into a public onerather, the public must be affected in a manner specifically prohibited by your city's or state's laws.
(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special or local law.
A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.