where persons do not congregate together. It is sufficient that the life of a single person may be put in danger.

Negligent conduct with re

spect to fire or combustible

matter.

285. Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand Rupees, or with both.

See the note to the preceding Section. It will be observed that the punishment in these and the subsequent Sections is directed against an act which may be dangerous or cause hurt to human life. If the expression "injury to any other person" is to be understood to mean not only a personal injury but any injury (see Section 44) a risk of danger to property will be sufficient to make a man criminally responsible for his negligence.

286. Whoever does, with any explosive substance, Negligent conduct with re- any act so rashly or negligentspect to any explosive substance. ly as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand Rupees, or with both.

Keeping a large quantity of gunpowder or fire works, &c., in a populous place, even though they be not negligently kept, may perhaps constitute an offence within this Section. Any explosive substance kept in the possesion of a person who

NEGLIGENCE AS TO MACHINERY OR REPAIRS &c. 213

knows its qualities, in whatever place it may be kept, should be guarded with a care proportionate to the risk of danger to human life which it may occasion. Under the first part of the Section, throwing fireworks in a frequented place where there are people on foot or horseback &c., may be punishable. The Police Act for the Presidency Towns (Act XIII. of 1856), has a provision on this subject which (with all the provisions of that "local law") will remain unaffected by this Code. 287. Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand Rupees, or with both.

Negligent conduct with respect to any machinery in the

possession or under the charge

of the offender.

The words " or under his care," which do not occur in the preceding Sections, are probably inserted here to include Engineers &c., who may be in charge of the machinery. The law requires that there shall be a competent knowledge of their duty in such persons, and the words "knowingly or negligently" must be interpreted accordingly.

Negligence with respect to pulling down or repairing build

ings.

288. Whoever, in pulling down or repairing any buiding, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand Rupees, or with both.

"Such order as is sufficient," &c. The degree of caution is in proportion to the apparent necessity for it. If the building is in a retired place where there is no probability of persons passing by, measures of precaution may be sufficient which if the building is in a populous town and the repairs &c., are done at a time of day when the streets are usually thronged, would be wholly inadequate. The words "the fall of that building," &c., seem to exclude the not improbable case of danger to life arising from the risk of the fall of scaffolding, and other materials, provided for repairing it.

289. Whoever knowingly or negligently omits to take such order with any Negligence with respect to any animal. animal in his possession as is

sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand Rupees, or with both.

"Knowingly or negligently, &c." Where the animal is not of such a description as in general from its ferocity to endanger the persons of those whom it meets, the owner or person in possession of it will not be criminally liable, unless he knows of the ferocity of the particular animal, and neglects to take proper measures to prevent risk of hurt from it. Fierce and dangerous animals, such as bears, or dogs which are known to bite people, must be kept with a care proportioned to the risk of keeping them. Danger of grievous hurt" is here mentioned. See Section 320. If there is a risk which falls short of danger to life or of grievous hurt, such as the risk of being slightly bitten, it will not be sufficient.

Punishment for public nui

66

290. Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred Rupees.

sance.

See Section 268 and the note thereto. Many Sections of this and other Chapters provide a punishment for various specific public nuisances. This section punishes any public nuisance coming within the definition given by Section 268, and not otherwise expressly punishable under the Code.

If there are nuisances which do not fall within any provision of this Code, they will at present remain punishable under any law now in force which may be found to provide a penalty.

A man may be guilty of a nuisance by the act of his agent or servant. He may be personally ignorant of the particular act or omission which causes the injury, annoyance &c., and may have no intention to cause it. But if those whom he authorises to manage his property, acting within their general authority, occasion a public nuisance on such property, he must answer criminally for it.

According to the definition of a public nuisance "a person is guilty of a public nuisance who does, &c." This word "person" is explained to include a company or body of persons whether incorporated or not (Section 11). It would therefore seem that a company of persons,-as a Railway Company, or a Gas Company, may be punished under this Code for the acts or illegal omissions of their authorized agents,—if a public nuisance is caused by such acts or omissions, and there is no special law which is applicable.

It seems that no length of time will make a public nuisance lawful, or exempt those who create or continue it from criminal liability. A person who continues a nuisance created by another would probably be held to come within the word "whoever commits, &c." If the owner of land erects a building which is a public nuisance and lets the land, he might probably be held criminally liable for its continuance during the lease.

291. Whoever repeats or continues a public nui

Continuance of nuisance after

injunction to discontinue.

sance, having been enjoined by any public servant who has

lawful authority to issue such injunction not to repeat

or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

Probably the injunction which a magistrate is authorized to give under the Act (XXI. of 1841) for the better prevention of local nuisances, was in the contemplation of the legislature. The punishment which may be awarded under this Section must, it seems, be in substitution of so much of the penalty provided by the second Section of that Act as authorises fine and imprisonment.

The three Sections which follow, relate to the offence of selling &c., indecent books, prints &c. and singing obscene songs. The offences contemplated, as well the selling or importing &c. for sale, as the wilfully exhibiting to public view &c., are offences against public decency. And the proof should support this, by shewing that the person charged had in contemplation such a public offence. See note to Section 268.

292. Whoever sells or distributes, or imports or prints for sale or hire, or wilfulSale &c. of obscene books. ly exhibits to public view, any obscene book, pamphlet, paper, drawing, painting, representation, or figure, or attempts or offers so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Exception. This Section does not extend to any representation sculptured, engraved, painted, or otherwise represented, on or in any Temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

book for sale or exhibition.

293. Whoever has in his possession any such obHaving in possession obscene scene book or other thing as is mentioned in the last preceding Section for the purpose of sale, distribution, or public exhibition, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.