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| Crime | Law | Punishment |
| Causing air pollution beyond air quality limits | The law bans industries from releasing any air pollutants more than the limits the State Pollution Control Board has laid down.(( Section 22, Air (Prevention and Control of Pollution) Act, 1981.)) If they do, the person in-charge of the establishment has to immediately notify the State Pollution Control Board(( Section 23, Air (Prevention and Control of Pollution) Act, 1981.)) and they have to pay for any corrective measures that the agencies undertake to reduce the impact of such harmful emissions(( Section 23(3), Air (Prevention and Control of Pollution) Act, 1981.)) as per the polluter pays principle. | The concerned State Pollution Control Board can make an application to a Court (not below a Metropolitan Magistrate or a Judicial Magistrate of the First Class) for restraining the offender from emitting the air pollutant.(( Section 22A, Air (Prevention and Control of Pollution) Act, 1981.))
The polluter will have to reimburse the costs (plus interest the State departments have to bear to control the pollution. |
| An industrial plant is set up or operated without proper permission | It is a crime for an industrial plant to set up or operate without the proper permissions from the State Pollution Control Board(( Section 21, Air (Prevention and Control of Pollution) Act, 1981.)) or exceed the allowed emission limits(( Section 22, Air (Prevention and Control of Pollution) Act, 1981.)) or the proper pollution control equipment.(( Section 31A, Air (Prevention and Control of Pollution) Act, 1981.)) | The punishment is jail time of one and half years to six years, along with a fine.(( Section 37, Air (Prevention and Control of Pollution) Act, 1981.)) If the violation continues, then an added fine of Rs. 5,000 (maximum) can also be imposed for each day it continues.
If such failure continues for more than a year, then the offender can be punished with jail time for two to seven years, with fine.(( Section 37(2), Air (Prevention and Control of Pollution) Act, 1981.)) |
| Use of vehicle in unsafe condition | If a vehicle is driven in a public place, which violates the standards laid down in relation to noise and air pollution, it is a punishable offence.(( Section 190(2), Motor Vehicles Act, 1988.)) | The punishment is a fine of Rs. 1,000 for a first offence and Rs. 2,000 for a second offence. |
| Violation of PUC(Pollution Under Control) Certificate | A person using a motor vehicle will be fined if they are not carrying a valid PUC (Pollution under Control) certificate issued by the Ministry of Road, Transport and Highways. | The punishment is a fine of Rs. 10,000.(( Motor Vehicles (Amendment) Act, 2019.)) |
| Environmental pollution: pollution of air, water or land | Violation of any provision of the Environmental Protection Act, 1986 i.e pollution of air, water or land or any harm to the environment is a crime. | The punishment is jail time upto 5 years along with a fine that may extend to Rs. 1,00,000. Continued failure to comply with the law will lead to an additional fine of Rs. 5,000 for every day of non-compliance.(( Section 15, Environmental Protection Act, 1986.)) |
| Releasing of harmful pollutants into the environment | Releasing harmful pollutants into the environment forms part of the offence of public nuisance(( Ratlam Municipality v. Vardhi Chandra, 1980 AIR 1622.)) as they make the air toxic and are injurious to the health of people. Even smoking in public places is considered to be a crime of public nuisance.(( K Ramkrishnan v. the State of Kerala, AIR 1999 Ker 385.)) | The punishment is a fine of Rs. 500.(( Section 290, Indian Penal Code, 1860.)) |
| Engaging in activities that are harmful to the health and physical comfort of the community | Operating industries and other processes that release air pollutants causing harmful health issues as well as discomfort to the people is an offence. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort. | A Magistrate can pass an order(( Section 133, Code of Criminal Procedure, 1973.)) for removal of nuisance to stop such activities. |
