https://www.taxtmi.com/caselaws?id=462669 An unfenced well on private premises near a highway did not amount to public nuisance unless the omission to fence was itself an illegal omission. The court applied Section 43 of the Indian Penal Code, which treats conduct as illegal only if it is an offence, prohibited by law, or gives rise to a civil action. Because the omission was not shown to fall within that definition, criminal liability could not be sustained. The court also noted that a person falling into the well might be affected by contributory negligence for failing to keep to the public road. en-us Thu, 22 Feb 1883 00:00:00 +0521 Wed, 09 Jul 2025 12:07:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462669 An unfenced well on private premises near a highway did not amount to public nuisance unless the omission to fence was itself an illegal omission. The court applied Section 43 of the Indian Penal Code, which treats conduct as illegal only if it is an offence, prohibited by law, or gives rise to a civil action. Because the omission was not shown to fall within that definition, criminal liability could not be sustained. The court also noted that a person falling into the well might be affected by contributory negligence for failing to keep to the public road. Case-Laws Indian Laws Thu, 22 Feb 1883 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=462669