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Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution1 as well as a public nuisance1. Noise at such levels may be injurious to human beings, living creatures, plants, property and the environment2
The law known as the Noise Pollution (Regulation And Control) Rules, 2000 regulates and controls noise in India.
Right to Live in Peace without Noise
Everyone has the right under Article 21 of the Constitution of India, 1950 to live in peace, comfort and quiet within their house and has a right to prevent the noise from reaching them3. No one can claim a right to create noise even in their own premises which would travel beyond their precincts and cause nuisance to neighbours or others. That’s why any noise which affects the ordinary comforts of life of a person is also considered to be a nuisance4.
Meaning of Noise
The word noise is not explained in any law but noise is considered to be an environmental pollutant1 in India. It is one of the main causes of environmental pollution.
Noise derives its meaning from the Latin term ‘nausea’. Courts have defined noise as ‘unwanted sound, a potential hazard to health and communication dumped into the environment with regard to the adverse effect it may have on unwilling ears4. For example, a blaring horn causes unwanted noise but the sound which pleases the listeners is music and is not considered to be noise4.
Causing Noise Pollution
Decibel is the unit of measurement of noise. There are noise limits that you will have to follow depending on the area you live in. However, since measuring noise requires scientific instruments (such as a sound level meter), you may not always know if you are exceeding the noise limits for a particular area. In such cases, you should:
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Make sure that regardless of what you do or which equipment you use, it does not turn out to be noisy and a disturbance for others. For example, if you are playing music during a party, try to keep the volume down at night time while people are sleeping.
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Don’t wait for your neighbours or people around you to file a complaint to the police. If they mention that you are making noise that is disturbing them, try to reduce the noise.
Please note that it does not matter whether you made the noise unintentionally or intentionally; all that matters is whether you have created too much noise.
Complaining against Noise Pollution
If any noise causes you annoyance, discomfort or any injury, then you can file a complaint with the police or your State’s Pollution Control Board. Otherwise, you can also complain if you know that the noise5. level is disturbing you or it happens at night between 10:00 pm and 6:00 am.
- Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981. [↩] [↩] [↩]
- Central Pollution Control Board, WHO Guidelines for Noise Quality, https://cpcb.nic.in/who-guidelines-for-noise-quality/Some common sources of noise pollution are industrial activity, construction activity, generator sets, etc.(Preamble, Noise Pollution (Control and Regulation) Rules, 2000). [↩]
- Burrabazar Fireworks Dealers Association v. Commissioner of Police, Calcutta AIR 1998 Cal 121 [↩]
- Noise Pollution (V), In re, (2005) 5 SCC 733 [↩] [↩] [↩]
- Rule 7, Noise Pollution (Control and Regulation) Rules, 2000. [↩]
Mischele Gonsalves
July 22, 2022
My building construction is weak and I have a small kid in the house. He is little mischievous, he bangs his legs and walk . So the people below me always complains about it. So does this comes under noise pollution and can this incident be filed as police complain
Nyaaya
August 12, 2022
Yes this is actionable and an injunction suit in a civil court may be filed for restraining such nuisance. If there is any damage that has been caused due to such acts, such damages can also be claimed by you in the civil court. It is advisable to talk to the neighbours and solve them amicably and in the most social manner.
ankit
July 3, 2023
we are students and preparing for ssc cgl 2023
exam is nearby
we are studying late night but near to us some mischevious boys are playing DJ sound
location daultabad faridabad sector 16a near shiv mandir
pls take action
pls do not publish my detail
Shivendra
September 12, 2022
Beside my home MCD on his own area has awarded a dumper yard and heavy vehicles restoration is causing huge disturbing noice even at Mid night . We are having sleepless night and wonder where to go to stop this . My Block is ED Pitmapmura .just beyond ED boundary wall just 5 m away from my home .
Pl help as we are clues due to allotment of this business activity all round time.
Nyaaya
September 21, 2022
Under the new system of fines, a violation of norms over the use of diesel generator sets can result in sealing of the sets and a fine between Rs 10,000 and Rs 100,000 depending on the size of the set. Violations in cases of sound-emitting construction equipment can result in a fine of Rs 50,000 and its seizure or sealing.
The CPCB has laid down the permissible noise levels in India for different areas. Noise pollution rules have defined the acceptable level of noise in different zones for both daytime and night time. In industrial areas, the permissible limit is 75 dB for daytime and 70 dB at night. In commercial areas, it is 65 dB and 55 dB, while in residential areas it is 55 dB and 45 dB during daytime and night respectively. Additionally, state governments have declared ‘silent zones’ which includes areas that lie within 100 meters of the premises of schools, colleges, hospitals and courts. The permissible noise limit in this zone is 50 dB during the day and 40 dB during the night.
The private law suits in the area may relate to public nuisance under Section 290 of the Penal Code. This section provides punishment in cases of public nuisance. If any individual suffers any loss of hearing or any other hurt or injury on account of any act done on the part of the Government in exercise of its non-sovereign functions then the Government can be held liable for damages under Article 299 of the Constitution of India. Under certain circumstances a limit may be put on the usefulness of instituting law suits relating to nuisance. In urban areas, it will be difficult to identify infinite number of sources of noise pollution. The burden of proving hazard of the noise pollution can put insurmountable barriers to a plaintiff’s suit. In certain cases private citizen cannot sue where large public interest is to be served such as carrying out of highways, construction of airports, operation to clear forest, creation of municipal green belts and the like such programmers activities.
The provisions of Criminal Procedure Code, 1973 (CrPC) can also be invoked to prevent the pollution of almost all kinds, including noise pollution. Under Section 133 and Section 144 of the Criminal Procedure Code, the Executive Magistrates have been authorised to issue certain conditional orders. This section empowers the Magistrate[19], on police report or on other information, to remove, prohibit or regulate any public nuisance or any trade or occupation, injurious to health or physical comfort of the community as noise sometimes amount to public nuisance and also may cause physical discomfort to the people, its control will lie within the ambit of the aforesaid sections of the Code.[20] The object of such order is to face the problem of law and order temporarily as the duration of such order is merely of two months.
Arun Cherian
October 7, 2022
My nearby mosque is using loudspeaker with very high volume even after 10PM, what I can do to control it.
Nyaaya
October 25, 2022
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.
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.
For example, this is how complain can be filed in New Delhi.
Following a National Green Tribunal order, Delhi government has launched a website for people to register their grievances related to noise pollution. The Delhi Police has launched two helpline numbers as a precautionary measure to curb noise pollution and incidents of mob lynching in the national capital. The two helpline numbers — 155270 and 155271. Step 1: Go to http://www.ngms.delhi.gov.in/ use your mobile number to generate OTP
Step 2: Select the police station concerned and register a complaint
Step 3: A complaint number will be generated you will get a sms/e-mail alert, along with the area ACP and SDM will also get sms for immediate action.
SHISHIR
October 31, 2022
My nearby fair is using loudspeaker with very high volume. We are suffering from last 10 days. Please help us. Karanjade Sector 4, Plot No.41, Panvel 410206
Nyaaya
November 11, 2022
We’re sorry to hear about this. However, Nyaaya cannot file a complaint on your behalf. If you like, you may use the steps given in this explainer on Filing a Noise Complaint to file a complaint.
Madhava Rao
October 26, 2023
Dear sir,I am resident of. Habsiguda, opp to ISI office, beside my house at night timings about
12hrs (mid night) to early morning 2.00 hrs every night , a. goods container of SWIGGY
Company, unloads their products, empty containers, heavy loads, etc into the godown by which too much sounds. Are disturbing will to our family, I am senior citizen, age 80 years ,Hence requested to authorities look in to this matter. And stop to make much such sounds Pollution, at mid night, due to which we are unable to sleep . Please send a petrol Van for
Checking this incidence , and Hope you will help to OLD COUPLE , can sleep with out too much. Sound disturbance , thanks.
Gautam Kumar
May 6, 2024
Dear sir,
My nearby using loudspeaker 📢 high volume even 10PM and this area nager nigam what I can do to control it
Address
Jqngli baba
Matera road
Pin no:- 271882
Alka Manral
May 31, 2024
First, try resolving the matter amicably with the person who is using the loudspeakers. If it does not work out, you can take the following steps for legal action:
1) Under the Noise Pollution (Regulation and Control) Rules 2000, activities which involve a lot of noise cannot be done with the prior approval from the authorities and even then it cannot exceed levels of 55dB.
2) Loudspeakers cannot be used in nighttime (10 p.m. to 6 a.m.) except without permission from the authority specified by the state government. When any of the provisions of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board. Since the activities in this particular case are occurring beyond 10 pm, you can complain under this rule.
3) The state specific list of authorities is available on the website of the Central Pollution Control Board (CPCB under the “Authority List for Implementation of Noise Rules”) < https://cpcb.nic.in/displaypdf.php?id=Tm9pc2UtU3RhbmRhcmRzL0F1dGhvcml0eUxpc3QucGRm)> . For Karnataka, authority refers to all Police officers not below the rank of Superintendent of Police of the given jurisdiction.
4) Noise pollution is also addressed in criminal law through Section 268 of the IPC which deals with public nuisance. A complaint can be filed against such nuisance, if it causes the annoyance to the public, under Section 290 of the IPC.
5) You can also approach the nearest District Court to complain about the noise pollution, where the Court has the power to temporarily stop / remove the nuisance through injunctions or orders.
Y S Narayan
November 23, 2022
I stay in a house in JP Nagar 8th Phase (5th main road, Royal County layout, Jambu Savari Dinne). There is a temple near my house (close to the small tank that is currently being beautified) that plays very loud music and slokas/mantras for 3 and half hours everyday in the morning (from 6.00 – 9.30 AM) and again in the evenings (from 5.30 – 9.30 PM). It is so loud that even though my house is about half a kilometre away from the temple, we are not able to sit inside and do work or study.
This is a great nuisance, and they need to be sensitized to playing their music at a low volume, within the approved dB levels. Some residents have tried talking to the temple authorities about this, but they are not prepared to listen or do anything. We request the Police to intervene and act on this immediately. Thank you.
Alka Manral
May 22, 2024
If you’re disturbed by any noise causing annoyance, discomfort, or harm, you have the option to lodge a complaint with the relevant authorities. Additionally, you can register a complaint if you’re aware that the noise level exceeds the standards by 10 dB(A) in any area or if there’s nighttime noise pollution between 10:00 pm and 6:00 am.
Police:
To address noise pollution, you can register a complaint at the nearest police station, dial 100, or submit an online complaint via your State’s police complaint portal. Action can be taken by the officer in charge of the police station, police commissioner, or any officer (not below the rank of Deputy Superintendent of Police). This may involve seizing equipment, halting the use of microphones or loudspeakers, and obtaining a written order from the Pollution Control Board to restrict the noise.
Central and State Pollution Control Board:
The Central Pollution Control Board (CPCB) assists the Ministry of Environment and Forests in implementing the Environment (Protection) Act, 1986. It aims to maintain water cleanliness and prevent water pollution while improving air quality by preventing air and noise pollution. Although CPCB offices are limited to a few states, each state has its State Pollution Control Board (SPCB). You
can also approach SPCB offices to file a complaint. These authorities can issue written orders to prevent, prohibit, control, or regulate various sources of noise pollution.
Courts:
You can seek recourse against noise pollution by approaching the nearest District Magistrate (Court) with legal representation. The Court has the authority to temporarily halt or remove noise pollution nuisances and may issue temporary injunctions, orders for noise removal or regulation, and permanent directives to mitigate noise pollution.
National Green Tribunal (NGT):
The NGT is a specialized judicial body where environmental cases, including noise pollution cases, can be filed. It aims to provide effective remedies for environmental protection and conservation. NGT orders are legally binding, and compensation can be granted to affected parties. The NGT operates in five zones across India, with its Principal Bench in Delhi. Any person seeking relief or compensation for environmental damage or pollution can approach the NGT. Decisions of the NGT are binding, and appeals can be made to the Supreme Court within 90 days if dissatisfied with the decision. Legal representation is advised when approaching the Court or filing appeals.
Sanjeev kumar
December 3, 2022
Dear sir,
My nearby using loudspeaker 📢 high volume even 10PM and this area nager nigam what I can do to control it
Address
Jay parkas Yadav
In front of uco bank
R.R.SINHA.ROAD,Adampur, Bhagalpur
Pin no:- 812001
Alka Manral
May 31, 2024
First, try resolving the matter amicably with the person who is using the loudspeakers. If it does not work out, you can take the following steps for legal action:
1) Under the Noise Pollution (Regulation and Control) Rules 2000, activities which involve a lot of noise cannot be done with the prior approval from the authorities and even then it cannot exceed levels of 55dB.
2) Loudspeakers cannot be used in nighttime (10 p.m. to 6 a.m.) except without permission from the authority specified by the state government. When any of the provisions of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board. Since the activities in this particular case are occurring beyond 10 pm, you can complain under this rule.
3) The state specific list of authorities is available on the website of the Central Pollution Control Board (CPCB under the “Authority List for Implementation of Noise Rules”) < https://cpcb.nic.in/displaypdf.php?id=Tm9pc2UtU3RhbmRhcmRzL0F1dGhvcml0eUxpc3QucGRm)> . For Karnataka, authority refers to all Police officers not below the rank of Superintendent of Police of the given jurisdiction.
4) Noise pollution is also addressed in criminal law through Section 268 of the IPC which deals with public nuisance. A complaint can be filed against such nuisance, if it causes the annoyance to the public, under Section 290 of the IPC.
5) You can also approach the nearest District Court to complain about the noise pollution, where the Court has the power to temporarily stop / remove the nuisance through injunctions or orders.
ankit
July 3, 2023
we are students and preparing for ssc cgl 2023
exam is nearby
we are studying late night but near to us some mischevious boys are playing DJ sound
location daultabad faridabad haryana 121002 sector 16a near shiv mandir
pls take action
pls do not publish my detail
ಹರೀಶ
September 3, 2023
ನಮ್ಮ ಮನೆಯ ಪಕ್ಕಾದಲ್ಲಿ ಕಬ್ಬಿಣ ದ ಗೋಡನ್ ಮಾಡಿದ್ದಾರೆ, ಕಬ್ಬಿಣ ಆಕುವಾಗ ಮತ್ತು ತೆಗಿಯುವಾಗ ತುಂಬಾ ಶಬ್ದವಾಗುತ್ತದೆ, ನಾವು ಅವರಿಗೆ ಎಷ್ಟು ಹೇಳಿದರು ಸಹ, ಹಾಗೆ ಕಬ್ಬಿಣ ಹಾಕುವಾಗ ಶಬ್ದ ಮಾಡುತ್ತಾರೆ, ಮನೆ ಯಲ್ಲಿ ಓದುವ ಚಿಕ್ಕ ಮಕ್ಕಾಳಿದ್ದಾರೆ ಇದಕ್ಕೆ ಪರಿಹಾರ ತಿಳಿಸಿ
My mak
October 10, 2023
There is construction near my house for last 2 years. The noise decibals have increased considerably. How can we complain in hyderabad
Please help
Yallesh Rangapure
January 18, 2024
My neighbor has given on rent empty premises in front of his house facing main road in densly populated residential area.
In this rented area a sugarcane juice shop is run & sound of ghunghroos is made for whole day to attract customers.
This continously made sound is irritating us & causing discomfort.
What preventive action can I take on this?
Anoynomous
January 18, 2024
A lot of youngsters were removing the silencers on their bikes and making rounds in the streets of hyderabad. Especially Gajularamaram road to Kukatpally.
Susmita
January 28, 2024
Hello,I hope this message finds you well. I would like to bring to your attention the ongoing noise pollution issues in our area, particularly during late hours. Despite the regulations prohibiting the use of DJ music after 10 PM, loud music is being played in the Bagurai area, Bhadrak, 756181, until 11 PM on January 28th. Additionally, there has been ongoing construction work near residential areas for the past month, causing disturbances, especially during study hours.These disturbances are making it difficult for residents, including myself, to focus on important tasks, such as studying. I kindly request your intervention to address these noise pollution concerns and ensure compliance with the regulations to maintain peace and quiet in our neighborhood.Thank you for your attention to this matter.