Legal Provisions of Section 291 of Indian Penal Code, 1860.
Continuance of nuisance after injunction to discontinue:
Repeating or continuing a public nuisance after injunction is issued to discontinue the same has been made an offence under this section. The section says that whoever repeats or continues a public nuisance after any such public servant has enjoined him who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term extending up to six months, or with fine, or with both.
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ADVERTISEMENTS:
According to the section, the accused must either repeat or continue a public nuisance. He must have been enjoined by any public servant. The public servant must have authority under law to issue such injunction not to repeat or continue such nuisance. A magistrate is empowered by sections 142 and 143 of the Code of Criminal Procedure, 1973 to issue an injunction pending inquiry to prevent danger and may order any person not to continue a public nuisance. The Code of Civil Procedure, 1908 empowers a court to issue a temporary injunction.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.