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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part V: Special Proceedings

Section 91 CPC: Public nuisances and other wrongful acts affecting the public

Bare Act text

91. Public nuisances and other wrongful acts affecting the public.—[(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—

(a) by the Advocate-General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

Amendment notes

  1. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

For a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for declaration and injunction, or other appropriate relief, may be instituted by the Advocate-General, or with the leave of the Court by two or more persons, even without special damage to them. Sub-section (2) preserves any right of suit that exists independently of the section. The 1976 amendment substituted sub-section (1).

Part V: Special Proceedings

  1. 89 Settlement of disputes outside the Court
  2. 90 Power to state case for opinion of Court
  3. 91 Public nuisances and other wrongful acts affecting the public
  4. 92 Public charities
  5. 93 Exercise of powers of Advocate-General outside presidency-towns
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