church paster will generate so much sound pollution

Hi

Thank you for asking 

 Indian Penal Code and Noise Control:-(a)Provisions under Sec. 268 of the Indian Penal Code, 1860, noise is actionable as “public nuisance”.  The section reads : “A person is guilty of Public nuisances who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right”.  People who by any offensive means corrupt the air or by any means cause loud and continued noise- and thereby cause injury or annoyance to those dwelling in the neighborhood in respect of their health or comfort and convenience or living are liable to prosecution for causing public nuisance.

(b)Noise nuisance can also be punishable under the provisions of Sec. 290 of the code, which prescribes a punishment, which may extend to two hundred rupees, for those cases of nuisance not specifically covered under the Code.  Neither the right to make noise can be acquired by prescripttion nor it can be accepted as a defence to a charge of nuisance.

In spite of the serious consequences of noise, nuisance by noise has not been accorded its proper place under the Indian Penal Code.  It is till date relegated to the residuary provision in Sec. 290 which prescribes just nominal punishment.  The provisions of the Code, in view of the recent scientific and industrial developments, is inadequate to cope with increasing menace of noise pollution.

The provisions of the Code also do not lead us to uniform and certain rules for application to the criminal cases of noise nuisance.  There have been very rare prosecutions for nuisance by noise as the offence of public nuisance under Sec. 290 is non-cognizable.

Nuisance action under the penal code is a poor remedy as it is nominally punitative rather than preventive or compensatory.

Criminal Procedure Code and Noise Control:-

Provision under the sec.133 of the Crpc.1973 the magistrate has the power to make conditional order requiring the person  causing nuisance including that of noise to remove such nuisance.

Hope this will help you

Best regards 

Akshay Gupta

Police is not going to take any action without having any specific orders of the competent court You have already been advised to avail either of the three options. It is now your turn to decide which one to adopt.