Section 91 CPC — Public Nuisances

Introduction

Section 91 of the Code of Civil Procedure, 1908 deals with public nuisances and other wrongful acts affecting the public.

The provision enables a suit to be instituted in respect of a public nuisance or other wrongful act affecting, or likely to affect, the public by the Advocate-General, or by two or more persons with the leave of the court, even though those persons may not have suffered any special or particular damage because of the nuisance or wrongful act.

Section 91 is therefore an important exception to the ordinary rule that a person seeking relief must generally establish a personal legal injury.

Section at a Glance

Particular	Details
Section	Section 91 CPC
Subject	Public Nuisances
Main purpose	Protection of public rights and interests
Persons who may sue	Advocate-General; or two or more persons with leave of court
Personal damage required	Not necessary for persons suing under the Section
Main requirement	Public nuisance or other wrongful act affecting or likely to affect the public
Nature	Representative/public interest provision

Meaning of Public Nuisance

A public nuisance is an act or omission that causes injury, danger, annoyance or obstruction to the public or to people generally who exercise a public right.

Examples may include:

• obstruction of a public road;
• obstruction of a public pathway;
• activities causing widespread public inconvenience;
• pollution affecting the public;
• interference with a public right; or
• other wrongful acts affecting the community generally.

The essential feature is that the wrongful act affects the public generally, rather than merely causing a private injury to one individual.

Object of Section 91

The main objectives of Section 91 are:

1. Protection of Public Rights

The provision enables public wrongs to be challenged through civil proceedings.

2. Avoidance of Multiplicity of Suits

Instead of numerous individuals filing separate suits concerning the same public nuisance, the law provides a mechanism for addressing the public wrong through a single proceeding.

3. Relaxation of Personal Injury Requirement

Persons proceeding under Section 91 do not need to establish that they have suffered special damage distinct from the damage suffered by the public.

4. Protection of Community Interests

The provision recognises that certain wrongs affect society collectively and should not remain without a civil remedy merely because an individual cannot demonstrate special personal damage.

Who Can Institute a Suit Under Section 91?

Section 91 provides two principal routes.

1. Advocate-General

The Advocate-General may institute a suit in the circumstances covered by the Section.

2. Two or More Persons With Leave of the Court

Two or more persons may institute such a suit after obtaining the leave of the court.

The requirement of two or more persons is important.

A single individual cannot ordinarily invoke Section 91 merely on the basis of a public nuisance without satisfying the statutory framework.

No Special Damage Required

One of the most important features of Section 91 is that the persons instituting the suit under this provision need not show that they have suffered special or particular damage because of the public nuisance or wrongful act.

This is a significant departure from the ordinary principles applicable to private actions.

Simple Principle

Private nuisance → Personal injury generally relevant

Section 91 public nuisance → Special personal damage is not necessary

Public Nuisance vs Private Nuisance

Public Nuisance	Private Nuisance
Affects the public generally	Affects an individual or limited group
Concerns public rights	Concerns private rights
Section 91 CPC may apply	Section 91 does not ordinarily govern
Special damage is not required under Section 91	Personal injury is generally relevant
Public interest is involved	Private interest is primarily involved

“Other Wrongful Act” Under Section 91

Section 91 is not limited exclusively to public nuisance.

It also applies to an other wrongful act affecting, or likely to affect, the public.

Therefore, the provision can cover wrongful conduct beyond the narrow concept of nuisance where the statutory requirement of public impact is satisfied.

Actual Harm Is Not Always Necessary

Section 91 also covers wrongful acts that are likely to affect the public.

Therefore, the provision is not necessarily limited to situations where widespread harm has already occurred.

A wrongful act presenting a sufficient likelihood of affecting the public may fall within the scope of the provision.

Leave of the Court

Where two or more persons seek to institute a suit under Section 91, they require the leave of the court.

This requirement helps ensure that the special statutory procedure is invoked for a genuine public wrong and is not misused for purely private disputes.

Role of the Court

The court considers whether the statutory requirements for invoking Section 91 are satisfied.

In an application by two or more persons, the court considers whether leave should be granted.

The court also determines the relief appropriate to the circumstances of the case.

Relief Under Section 91

A suit under Section 91 may seek appropriate civil relief concerning the public nuisance or wrongful act.

Depending upon the circumstances, relief may include:

• injunction;
• declaration;
• removal or prevention of the nuisance; or
• other appropriate civil relief.

The precise relief depends upon the nature of the wrongful act and the applicable law.

Example

Suppose a person unlawfully blocks a public road used by the residents of an entire locality.

The obstruction affects the public’s right to use the road.

Two or more persons may seek leave of the court and institute proceedings under Section 91 to obtain appropriate relief against the public nuisance.

They do not have to prove that they suffered damage different from the inconvenience suffered by the public generally.

Another Example

Suppose an activity causes pollution that affects an entire locality.

The harm is not limited to one particular individual but affects the public generally.

Where the statutory requirements are satisfied, Section 91 may provide a mechanism for seeking appropriate civil relief.

Section 91 and Locus Standi

Ordinarily, a person approaching a civil court must establish a legal injury or enforceable interest.

Section 91 creates a special statutory mechanism.

The provision allows the Advocate-General, or two or more persons with leave of the court, to institute proceedings concerning public nuisance even without establishing special damage to themselves.

Thus, Section 91 represents a statutory relaxation of the ordinary requirements relating to standing in certain public nuisance actions.

Section 91 and Section 92 CPC

Sections 91 and 92 are both concerned with matters affecting the public, but they deal with different subjects.

Section 91

Deals with:

Public nuisances and other wrongful acts affecting the public.

Section 92

Deals with:

Public charities and trusts.

Therefore:

Section 91 → Public nuisance

Section 92 → Public charitable trusts

Section 91 and Public Interest Litigation

Section 91 should not automatically be equated with Public Interest Litigation (PIL).

Section 91 is a specific statutory provision contained in the CPC dealing with public nuisance and certain other wrongful acts.

PIL is a broader constitutional and judicial mechanism that developed separately.

Therefore:

Section 91 CPC ≠ PIL

Section 91 and Private Rights

Section 91 is concerned with wrongs affecting the public.

If the dispute concerns only a private right between individuals, Section 91 may not be the appropriate provision.

The nature of the injury and the persons affected are therefore important.

Important Features of Section 91

Public Character of Wrong

The nuisance or wrongful act must affect or be likely to affect the public.

Two or More Persons

The private plaintiffs contemplated by Section 91 must be two or more persons.

Leave of Court

Those persons must obtain the leave of the court.

No Special Damage

They do not need to establish special damage to themselves.

Advocate-General

The Advocate-General may institute the suit in accordance with the provision.

Common Confusions About Section 91 CPC

1. Every Nuisance Is Not a Public Nuisance

A nuisance affecting only a private individual does not automatically become a public nuisance.

2. Special Damage Is Not Required

Section 91 specifically removes the need for the persons suing under it to prove special or particular damage.

3. One Person Cannot Simply Invoke Section 91

The provision contemplates a suit by the Advocate-General or by two or more persons with leave of the court.

4. Section 91 Is Different From Section 92

Section 91 concerns public nuisance.

Section 92 concerns public charitable trusts.

5. Section 91 Is Not the Same as PIL

Section 91 is a statutory civil procedure provision, whereas PIL is a broader judicial and constitutional mechanism.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 91 → Public Nuisances.
• It also covers other wrongful acts affecting or likely to affect the public.
• Suit may be instituted by the Advocate-General.
• Two or more persons may sue with the leave of the court.
• Special or particular damage to those persons is not necessary.
• The wrong must have a public character.
• Section 91 is different from Section 92.
• Section 92 deals with public charitable trusts.
• Section 91 should not be confused with PIL.

Important Questions to Prepare

1. What is a public nuisance under Section 91 CPC?
2. Who can institute a suit under Section 91?
3. Is special damage necessary under Section 91?
4. What is the significance of leave of the court?
5. Can one person institute a suit under Section 91?
6. Distinguish public nuisance from private nuisance.
7. Distinguish Section 91 from Section 92 CPC.
8. Is Section 91 the same as Public Interest Litigation?
9. What is the purpose of Section 91?
10. What types of relief can be sought in a suit under Section 91?

Key Legal Principles

1. Public wrong can be challenged

Section 91 provides a mechanism for addressing public nuisances and other wrongful acts affecting the public.

2. Special damage is unnecessary

A person suing under Section 91 does not have to establish special damage distinct from that suffered by the public.

3. Leave protects against misuse

Two or more persons must obtain the court’s leave before instituting the suit under the provision.

4. Public character is essential

The wrongful act must affect or be likely to affect the public.

5. Advocate-General has statutory standing

The Advocate-General may institute proceedings in accordance with Section 91.

ALSO READ: Section 90 – Special Case

Key Takeaways

Concept	Principle
Section	Section 91 CPC
Subject	Public Nuisances
Wrong covered	Public nuisance or other wrongful act affecting public
Plaintiff	Advocate-General or two or more persons
Leave	Required for two or more persons
Special damage	Not required
Main purpose	Protection of public rights
Section 92	Public charitable trusts
Main concept	Public wrong and statutory standing

Conclusion

Section 91 CPC provides a special mechanism for addressing public nuisances and other wrongful acts affecting or likely to affect the public.

A suit may be instituted by the Advocate-General, or by two or more persons with the leave of the court. Importantly, the persons bringing the suit do not need to establish that they have suffered special or particular damage.

The easiest way to remember Section 91 is:

Section 91 → Public Nuisance

Advocate-General → Can Sue

Two or More Persons → Can Sue With Court’s Leave

Special Damage → Not Required

Section 92 → Public Charitable Trusts