Punishment for Noise Pollution

Last updated on May 30, 2024

Causing noise pollution is a punishable offence under the law. The punishment is:

Causing Public Nuisance

Creating noise is considered to be a public nuisance when you cause any injury, danger or annoyance to the public1. For example, if your neighbour plays a sound system at midnight very loudly, then this is a public nuisance.

The punishment for such nuisance is a fine up to Rs. 200.2 If you continue to make noise even after the Court directs you to stop the noise, the punishment is jail time up to 6 months along with a fine.3.

Causing Environmental Pollution

Since noise pollution causes significant harm to the environment and surroundings, it is taken seriously under the law. For example, if the construction noise of a building is making it hard for you to live, then this is a form of noise pollution.

The punishment for this offence is jail time up to five years and/or a fine up to Rs. 1 Lakh.4

If the noise pollution continues, then you may be punished with an additional fine of Rs. 5000 for every day the pollution happens. If the noise continues for more than a year despite orders to stop it, then you may be punished with jail time up to 7 years.5

You have a right to complain about noise pollution and the authorities will take action against the responsible persons.

  1. Section 268, Indian Penal Code, 1860. []
  2. Section 290, Indian Penal Code, 1860; Bhuban Ram and Ors. v. Bibhuti Bhushan Biswas AIR 1919 Cal 539 []
  3. Section 291, Indian Penal Code, 1860. []
  4. Section 15, The Environment (Protection) Act, 1986. []
  5. Section 15, The Environment (Protection) Act, 1986. []

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अभिषेक कुमार केशरी

November 6, 2022

में अभिषेक कुमार में सब्जी मंडी वार्ड न 18 भभुआ जिला कैमूर का निवासी हु मेरे घर के बगल में आटा चक्की का मिल है वो रोज रात को करीब 9 बजे से 4 बजे भोर तक मसीन चलाकर ध्वनि प्रदूषण करता है
मना करने पर वो मारने पीटने की ओर जान से मारने की धमकी देता है
अतः आप श्री मान से नम्र निवेदिन है कि इसपर रोक लगाने की कृप्या प्रदान करे
पता है
भभुआ कैमूर जिला
सब्जी मंडी वॉर्ड न 18
मिल का नाम केशरी आटा चक्की मिल
प्रो ,, डोमा प्रसाद केशरी
पिता स्वर्गीय सरजू प्रसाद केशरी

Nyaaya

November 11, 2022

हमसे जुड़ने के लिए धन्वयाद। न्याया आपके लिए कंप्लेंट फाइल नहीं कर सकता। लेकिन यदि आप चाहेें तोह आप एक्सप्लेनेर में दिए गए ज़रियों से अपनी कंप्लेंट फाइल कर सकते हैं जैसे की पुलिस से कंप्लेंट करके।

Md Ali

October 6, 2023

dear sir everyday loudspeakar heavy sound use par day night drunk alcohol use please pollution shortout sir

Alka Manral

September 2, 2024

A complaint of Public Nuisance can first be filed under Section 270 of the BNS if other residents are also facing this issue. A complaint to the State Pollution Control Board can also be filed under Section 5(2) of the Noise Pollution (Regulation and Control) Rules, 2000 which prohibits the use of loud speakers and amplifiers at night. Also, a case under Section 355 of the BNS can be registered if drunken behaviour is causing annoyance.

Jassi

February 7, 2024

Actually, even after 10 pm in my village, the noise of the mosque does not stop, I do not know what to do? Also I don’t want to reveal my personal details to complain about this. You are kindly requested to plz tell me how to complain about this Unbearably Loud Noise coming from the Mosque in My Small Village in Nagaur district, state of Rajasthan, so that we can sleep peacefully at least during the night, Ma’am/Sir.

Alka Manral

May 24, 2024

If any noise is being made which causes you annoyance, discomfort or any injury, then you can file a complaint with the authorities given below. You can also complain if you know that the noise level has exceeded the noise standards by 10 dB(A) in any area or there is noise pollution that happens at night between 10:00 pm and 6:00 am.
Police:
You can complain to the nearest police station, call 100 or file an online complaint with your State’s police complaint portal if you want to prevent noise pollution. The officer in charge of the police station, police commissioner or any officer (not below the rank of Deputy Superintendent of Police) can take action by:
Seizing equipment,
Stopping the use of a microphone or loudspeaker, etc.
Going to the Pollution Control Board and getting a written order prohibiting the noise.
Central and State Pollution Control Board
The Central Pollution Control Board (CPCB) provides technical services to the Ministry of Environment and Forests for implementation of the provisions of the Environment (Protection) Act, 1986. Its main functions are to promote cleanliness of water in streams, wells, etc. and prevent water pollution. The Board also has the duty to improve the quality of air by preventing air and noise pollution. The Head Office of the CPCB is in New Delhi and they also have several regional offices across states.
Even though the offices of the CPCB are only there in a few states, every state also has an office known as the State Pollution Control Board (SPCB). You can also approach the SPCB offices to file a complaint. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:
Any vocal or instrumental music
Sounds caused by playing, beating, clashing, blowing
Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus which is capable of producing or reproducing sound
Sounds caused by bursting of sound emitting fire crackers
Sounds caused from a business operation, or trade, for example, business of manufacture of utensils, etc.
The authorities may give an opportunity to the person who made the noise to be heard and then may modify or alter the order.
Courts
District Magistrate
You can approach the nearest District Magistrate (Court) with the help of a lawyer to complain about noise pollution. The Court has the power to temporarily stop or remove the nuisance caused by noise pollution. The Court may pass the following orders after hearing out the person who caused the noise pollution:
Temporary order or injunction to stop the noise
Order to remove the noise or regulate it
Permanent order to remove the noise pollutant and stop the noise
National Green Tribunal
The National Green Tribunal (NGT) is a specialised judicial body where you can go to file environmental cases including noise pollution cases. The NGT was set up to:
Provide effective and expeditious remedies for environmental protection,
Conservation of forests and other natural resources
Enforcement of any legal right relating to the environment.
The NGT’s orders are binding and it has power to grant relief in the form of compensation to affected persons.
Locations of the Tribunal
The NGT has a presence in five zones – North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi. The Central zone bench is situated in Bhopal, East zone bench in Kolkata, South zone bench in Chennai and West zone bench in Pune.
Filing a Complaint with the NGT
Any person seeking relief and compensation for environmental damage or pollution involving subjects like air pollution, environment pollution, water pollution, etc. can approach the NGT. The decisions of the NGT are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision.
You can engage a lawyer if you want to approach the Court to file a case or file an appeal from a judgment of a lower Court.

వడ్డేపల్లి లక్ష్మణ్

August 23, 2024

గత ఐదు సంవత్సరాలుగా పవర్ లూమ్స్ సౌండ్ పొల్యూషన్ బారిన మా ఇంటిలో ఇద్దరు పసిపాపలు చనిపోయారు జిల్లా ఎస్పీ గారి కంప్లైంట్ ఇస్తే సౌండ్ పొల్యూషన్ డిపార్ట్మెంట్ కు సిఫారసు చేశారు సౌండ్ పొల్యూషన్ అధికారులు పరిశీలించి డేంజర్ బిల్ 74 డిసిబుల్స్ ఉన్నదని చర్యలు తీసుకోవాలని ఎస్పీ గారికి సిఫారస్ చేశారు పవర్లూమ్ యజమానులకు నోటీసులు ఇచ్చారు ఇప్పుడు అధికారులు చర్యలు తీసుకోవడం లేదు 24 ఫోర్ అవర్స్ సౌండ్ పొల్యూషన్స్ తో ఇబ్బందులు పడుతున్నము

Fardeen

October 19, 2024

Hello Sir
I am in my home right now not sure from where someone has startes loud songs from next street i don’t have much details but ita 11:30 pm and this loud music is very disturbing hope someone can help

Thank you

Anita

November 18, 2024

This is in regard to the noise created by the ISKON. There’s a marriage hall near my society. ISKON has taken on lease the terrace of the hall and turned it into some kind of temple. They use micropbone at a high volume to sing bhajans and kirtans. They start before 5a.m in the morning and through out the day, they keep playing music and thrice in a day they have bhajans. There’s a big multispeciality and a maternity hospital in the same premises. Residential buildings are there next to the hall. It’s actually a silence zone. There are senior citizens, small children and people working from home. It has become a nuisance for all if us. They don’t have fear of the law because no strict action is taken. After we complain the cops just come and ask them to stop the music. What is the use of the highest court of law- Supreme Court passing the judgement, where it clearly mentions no noise pollution between 10 pm and 6 am. It is the fundamental right of the citizens to live in peace.

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Related Resources

What are the offences and punishments under air pollution laws?

The offences include releasing of harmful pollutants  into the environment, violation of Pollution Under Control Certificate, etc. 

What is Noise Pollution?

Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution as well as a public nuisance.

Effects of Noise Pollution

Noise can disturb our work, rest, sleep, and communication. It can damage hearing and evoke other psychological, and pathological reactions.

What are the sources and effects of air pollution?

Air pollution is associated with many sectors, which include power, transport, industry, residential, construction, and agriculture.

Who are the authorities under the air pollution laws?

The Central Pollution Control Board and the State Pollution Control Boards have been set up under the law to monitor air pollution in India.

Who can you complain to about a grievance under air pollution law?

You can complain to the Police, Central and State Pollution Control Boards, Courts and the National Green Tribunal.