OFFENCES RELATED TO ENVIRONMENT

INTRODUCTION
According to Article 48(A) of the Constitution, the State
shall endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country.
According to Article 51A(g) of the Constitution, it shall be
the duty of every citizen of India to protect and improve
the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living
creatures. The legislative intent and spirit under Articles
48A and 51A(g) of the Constitution find their place in the
definition of environment under the Environment
(Protection) Act, 1986.
In MC Mehta vs. Union of India, AIR 1987 SC 1086
case, the Supreme Court held that under Article 21 of
Indian Constitution, it is a fundamental right to live in a
pollution-free environment and if there isn’t any healthy
environment for the citizens to live in then this right
would not mean anything.
Section 277 IPC
Fouling Water of Public Spring or Reservoir:
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, or with fine
which may extend to five hundred rupees, or with both.
A spring or reservoir is public whose water is used by the
public; it is immaterial whether the public is entitled
lawfully to use that water or not. The water may be for
 OFFENCES RELATED TO ENVIRONMENT
drinking purpose or for any other purpose. A river is not
a spring or reservoir. Taking water by a person belonging
to lower caste from a public spring or reservoir does not
render it less fit, and it is not corrupting or fouling it.
The use of the expression ‘less fit’ and not ‘unfit’ is
deliberate. The water may not have been rendered totally
unfit, but if it has been turned less fit, the accused is
guilty. The word ‘voluntarily’ has the same meaning as
given under section 39 of the Code. The term ‘corrupts or
fouls’ is used in this section connoting the act of
physically deteriorating or defiling the condition of water
from any public spring.
Ingredients of Section 277:
● There must be corrupting or fouling the water of any
public spring or reservoir;
● This must be done so as to render it less fit for the
purpose for which it is ordinarily used; and
● The act of doing so must be voluntary.
● The offence under this section is non-cognizable,
bailable and non-compoundable, and is triable by
the magistrate of the first class.
Nature of Offence:
Cognizable, bailable, non-compoundable and triable by
any Magistrate
Punishment:
Imprisonment of either description for a term which may
extend to three months, or with fine which may extend to
five hundred rupees, or with both.
 OFFENCES RELATED TO ENVIRONMENT

In the case of Emperor vs. Nama Rama, [(1921) 23

BOMLR 987], the accused and nine others fouled river
water by steeping in aloe plants to extract fibre, making
it unfit for drinking. The trial Court convicted them. The
Bombay High Court held that a river is not a public
spring and it is not an offence under Section 277 but it
can be prosecuted under Section 290 as from the facts
and description it might be a public nuisance.
Section 278 IPC:
Whoever voluntarily vitiates the atmosphere in any place
so as to make it noxious to the health of persons in
general dwelling or carrying on business in the
neighbourhood or passing along a public way, shall be
punished with fine which may extend to five hundred
rupees.
Prosecution against offensive trades emitting foul smell
etc. will come under this section.
Nature of Offence:
Non-cognizable, bailable, non-compoundable and triable
by any Magistrate
Punishment
The offence under this section is punishable with fine
only which may extend to five hundred rupees.
Other Provisions under IPC:
Section 284 provides punishment for negligent conduct
Section 285 with respect to poisonous substances and
negligent conduct with respect to fire or combustible
matter respectively. The punishments and fine were
enhanced eventually.
 OFFENCES RELATED TO ENVIRONMENT
Section 286 provides punishment for negligent conduct
with respect to explosive substances.
Section 425 water pollution can be punished for
mischief.
If the act causes wrongful loss or damage to the public or
to any person or if his act causes water pollution could
be brought under section 511 of the Act.
Section 440 deals with mischief caused by killing
maiming animals and cattle.
Conclusion:
The above two provisions i.e. Sections 277 & 278 of IPC
are related to environmental protection as it penalises
the air and water pollution, however, it has failed to
achieve the objective because the technicality of the laws
needs to satisfy every aspect of the offence as mentioned
in the penal provision. The above-mentioned provisions
do not provide criminal justices.