Principle Doing of an act which causes common injury danger or annoyance to public or which is likel...........

Indian Penal Code (IPC) 1860 Others

Principle: Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.

Facts: ?A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while travelling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.

A has not committed any offence since he does not cause any specific injury to any specific person

A has not committed any offence because he does not gain any advantage from persons living in the vicinity

A has committed public nuisance

A has not committed any offence because the alleged acts are done on the fields owned and used by him and acts are done without any intention to cause harm.

Explanation:

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 has committed public nuisance.
Hence,option 3 is the correct answer.