Question

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. A has not committed any offence since he does not cause any specific injury to any specific person.
• B. A has not committed any offence because he does not gain any advantage from persons living in the vicinity.
• C. A has committed public nuisance.
• D. 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.

Hint:

Public nuisance requires that the act causes specific harm, danger, or annoyance to the general public rather than to any particular individual.

Answer 1

The Correct Option is A

The principle of public nuisance applies when an action causes injury, harm, or annoyance to the public at large. In this case, A is burning crop residue on his farmlands, which causes smoke. While the smoke may affect the people passing through the adjoining road and even enter houses in the colony, it does not cause any specific injury or harm to any specific individual. The action is not directed at any particular person but affects the general public. Therefore, the action does not constitute a public nuisance according to the principle provided.
Thus, the correct answer is (A).
Option (B) is incorrect because whether or not A gains any advantage from people passing by does not determine whether the act constitutes a public nuisance. Option (C) is incorrect because the action does not amount to public nuisance based on the given facts. Option (D) is incorrect because the fact that the acts are done on his land does not automatically justify the act if it causes public nuisance.