Public discomforts are common in the current era, including loudspeaker noise, construction noise, excessively honking horns, blocking sunlight in public parks, etc. Public nuisance and private nuisance are the two subcategories of nuisance.

We will solely talk about the lawsuit involving the public nuisance here. Section 91 of the CPC, which outlined the process for instituting a civil lawsuit for the offence of public nuisance, is where the term “public nuisance” originates. This provision allows for the filing of a lawsuit in the event of a public nuisance or any other wrongdoing that negatively affects the general public. It continues to be possible to file a lawsuit for a declaration, an injunction, or other relief that may be appropriate given the facts of the case.

Meaning of Public Nuisance

The Code of Civil Procedure does not define “public nuisance.” However, in accordance with section 268 of the IPC, it can be said to be an act or omission that generally causes harm, danger, or annoyance to the public or to those who live in the area or own property there, or that must inevitably harm, obstruct, pose a danger to, or annoy those who may have the need to use public rights.
Examples of public nuisances include the clogging of public rivers, the sound of loudspeakers, blocking of a public motorway, daytime and nighttime horn honking, etc.

Who may sue?

A suit may be instituted by the following persons, relating to a public nuisance or other wrongful act;

1.    By Advocate General;

2.     By two or more persons with the leave of the court; or

3.     By any private person if he has sustained special damage.

What are the remedies?

There are some remedies which are available against public nuisance as follows:-

1.    A person committing a public nuisance may be punished under section 290 of the Indian Penal Code;

2.     Magistrates may remove public nuisance in certain case circumstances by exercising summary power under section 133 and 143 CRPC;

3.    A suit can be instituted for the declaration, injunction or other appropriate relief without proof of separation damage under section 91(1) CPC.

4.    A suit may also be filed by a private individual, where he has sustained special damages under section 91 (1) CPC.

Appeal:- An appeal lies against an order refusing to grant leave to file a suit for public nuisance or other wrongful act affecting the public, section 104 CPC.