Fouling public water? That is a crime.

Myth or fact?

What people often think.

• Myth: Public property belongs to no one. Dumping in it is not a crime.
• Fact: Fouling the water of a public spring or reservoir is a crime: up to 3 months, or fine, or both (PPC s.277).

The law.

Section 277, PPC.

“Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months ...”

Pakistan Penal Code, 1860 · Section 277, Fouling water of public spring or reservoir

Public nuisance.

Section 268, PPC.

• The actCommon injury, danger or annoyance to the public.
• OrTo the people living or working nearby.
• No excuseThat it is convenient for someone does not excuse it.

Disease crimes.

Sections 269 to 271, PPC.

• s.269 NegligentAn act likely to spread a deadly infection. Up to 6 months.
• s.270 MalignantThe same, done with malice. Up to 2 years.
• s.271 QuarantineKnowingly breaking a quarantine rule. Up to 6 months.

Water, air and fire.

Sections 277, 278, 285, PPC.

• s.277 WaterFouling a public spring or reservoir. Up to 3 months.
• s.278 AirMaking the air harmful to the neighbourhood. Fine only.
• s.285 FireRash or careless with fire, endangering life. Up to 6 months.

Quick quiz. The smoke.

Guess first, then swipe for the answer.

• A. s.278, PPC
• B. s.277, PPC
• C. None, it is private land

Answer: A. Section 278.

Schedule II, CrPC.

• The offenceMaking the air noxious to people nearby or passing by.
• ArrestPolice shall not arrest without a warrant.
• CourtAny Judicial Magistrate.

Who can be arrested?

Schedule II, CrPC.

• Without a warrantss.269, 270, 277, 285.
• Warrant neededss.278, 290.
• All of themBailable. Not compoundable.

The catch-all.

Section 290, PPC.

• WhenA public nuisance no other section punishes.
• The penaltyFine only.

Careless with fire.

Section 285, PPC.

• DoingAny act with fire so rash it endangers life.
• Not doingFailing to guard a fire in your charge.
• The termUp to 6 months, or fine, or both.

It happens near you?

Three steps, in this order.

• Record itPhotos, dates, times, names of neighbours.
• Report itAt the police station, with the section.
• Or go to courtA private complaint to the Magistrate.

Not sure?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A factory drains waste into our village pond. Which law applies?
• What is public nuisance under section 268 PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 277
  Fouling water of public spring or reservoir Pakistan Code