To determine what constitutes a public nuisance according to the Bharatiya Nyaya Sanhita, 2023, we need to understand the legal scope of 'public nuisance' as per this code. Public nuisance involves certain acts or omissions that adversely affect the health, safety, comfort, property, or rights of the community or a large number of people.
Let's analyze the provided options to find the correct one:
- Only acts involving government property: This option limits public nuisance to acts involving government property only. However, public nuisance can arise from various situations, not just those involving government property.
- Both acts and illegal omissions causing public harm: This option considers not only deliberate acts but also failures to act (omissions) that result in public harm. Public nuisance extends to situations where there is an omission to perform a legal duty, leading to public harm. Thus, it matches the general legal understanding.
- Only intentional acts causing public harm: This option restricts the definition to intentional acts only, overlooking that negligence or omissions can also constitute public nuisance.
- Only accidents with unintended consequences: This option incorrectly focuses solely on accidents, neglecting intentional acts or omissions that can also be a public nuisance.
Upon reviewing the definitions and legal interpretations associated with public nuisance, the correct answer is identified to be 'both acts and illegal omissions causing public harm'. This choice encompasses both actions and failures to act, aligning with the comprehensive understanding of public nuisance under the Bharatiya Nyaya Sanhita, 2023.
Important Questions from Administrative Law
As per Section 13 of the Code of Civil Procedure, 1908, ________ shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title.
As per the Hindu Adoptions and Maintenance Act, the age difference required between an adoptive parent and an adoptive child of the opposite sex is:
As per Section 13 of the Code of Civil Procedure, 1908, a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, but it is not conclusive in which of the following cases?
As per Section 25 of the Limitation Act, 1963, when shall Right to access and use of light or air, as an easement be absolute and indefeasible?
Under the Arbitration and Conciliation Act, 1996, which Section empowers the Court to grant interim measures of protection?
