PENALTIES AND PROCEDURECentral

Section 46 of The Water (Prevention and Control of Pollution) Act, 1974

If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.

Summary

The court can publish the names and addresses of repeat offenders at their own expense.
This rule applies when a person who was already convicted under the Water Act commits a similar offence again.
The court decides if the publication should be in newspapers or in another manner.
The cost of this publication is added to the legal costs of the conviction.
These publication expenses are recovered from the offender in the same way a fine is collected.

Practical examples

1Mr. Anil Verma was convicted in 2024 for dumping chemicals into a river. In June 2025, he is caught doing it again and the court orders his name and photo to be published in the city's largest newspaper, charging him 50,000 rupees for the ad.

2A small leather factory in Kanpur is convicted for the second time on November 10, 2026, for ignoring discharge standards. The judge orders that the factory's name and the details of their 5 lakh rupee penalty be posted on the local government's public notice board and the factory is billed for the printing.

FAQ

1. Does Section 46 of The Water (Prevention and Control of Pollution) Act, 1974 allow the name of a first time offender to be published?

No, under Section 46 of the Water Act, 1974, the court can only order the publication of an offender's name if they commit a similar offence after a previous conviction.

2. Who pays for the newspaper announcement under Section 46 of the Water (Prevention and Control of Pollution) Act, 1974?

The offender must pay all expenses for the publication, as Section 46 of the Water Act, 1974 states it is done at the offender's expense.

3. What information can the court publish under Section 46 of the Water Act?

According to Section 46 of the Water (Prevention and Control of Pollution) Act, 1974, the court can publish the offender's name, their place of residence, the offence committed, and the penalty that was imposed.

4. How does the government recover the cost if the offender refuses to pay for the publication mentioned in Section 46 of the Water Act?

The expenses are treated as part of the cost of the conviction and are recoverable in the same manner as a fine under Section 46 of the Water (Prevention and Control of Pollution) Act, 1974.

Test yourself

Q1.Under Section 46 of The Water (Prevention and Control of Pollution) Act, 1974, which condition must be met before a court publishes an offender's name?

Q2.Who is responsible for the costs of publishing the offender's details under Section 46 of The Water (Prevention and Control of Pollution) Act, 1974?

Q3.How is the cost of publication recovered if not paid voluntarily under Section 46 of The Water (Prevention and Control of Pollution) Act, 1974?

Q4.What specific details can a court order to be published under Section 46 of The Water (Prevention and Control of Pollution) Act, 1974?

45APreviousSection 45A Penalty for contravention of certain provisions of the Act.47NextSection 47 Omitted.

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