Basis

Public Nuisance

Private Nuisance

Definition

An act that affects the Public at large or a considerable section of the Community.

An unlawful interference with a particular individual's use or enjoyment of their land.

Nature

It is primarily a criminal wrong & may also be a civil wrong.

It is purely a civil wrong.

Persons Affected

A whole community or Public at large.

Only a specific individual or a limited number of individuals.

Right Violated

Public rights such as Public health, Safety etc.

Private rights Connected with land or property.

Who can Sue

An individual can sue only if he suffers special damage, different from others.

The affected individual can directly sue without needing to prove any special loss.

Objective

Protects public interest.

Protects private property and enjoyments.

Example

Loud Speakers disturbing an entire locality, Blocking Public Road, Polluting rivers used by Public.

Noise, Smoke, Smell from neighbours, water leakage, overhanging tree branches.

Defences

Fewer defences, often governed by criminal law.

Many defences like prescription, Statutory authority, inevitable accident.

Leading case

Attorney General vs. PYA Quarries (1957).

St. Helen's Smelting Co. vs. Tipping (1865)..