Legal Provisions of Section 278 of Indian Penal Code, 1860.
Making atmosphere noxious to health:
Making atmosphere noxious to health has been made punishable under this section. The section says that whoever vitiates the atmosphere in any place voluntarily so as to make it noxious to the health of persons in general who dwell or carry on business in that area or who pass along a public way, shall be punished with fine extending up to five hundred rupees.
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The section requires vitiating the atmosphere in a place. This must be a voluntary act on the part of the accused. It must be done so as to make the place noxious for persons in general who are dwelling or carrying on business nearby or passing along a public way. Prosecution against offensive trades emitting foul smell etc. will come under this section. The offence under this section is punishable with fine only.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.