Dealing with Public Nuisance under Cr.P.C.

Pralhad V. Kachare Deputy Collector Nashik

8/27/2010

CRIMINAL PROCEDURE CODE, 1973

A Presentation for SDMs & Executive Magistrates

8/27/2010

P.V. Kachare, Dy. Collector, Nashik

Public Nuisance
Public Nuisance Procedure under section 133 of Criminal Procedure Code Type of Public Nuisance and conditions with which an order is to be passed Nuisance of urgent nature and apprehended danger Remedies available against Public Nuisance Gist of guidelines for the working of the courts of Executive Magistrates in respect of Proceedings under Section 133 of Criminal Procedure Code, 1973 Prescribed Model Forms Nashik 8/27/2010 P.V. Kachare, Dy. Collector,

 Conditional Order for Removal of NuisanceSection 133:

Section 133 empowers the Executive Magistrate to deal with the public nuisances or to deal with the removal of public nuisances. CATEGORIES OF PUBLIC NUISANCES :
- Any unlawful obstruction or nuisance from any public place or from any way, river or channel, which is or may be lawfully used by the public. - The conduct of any trade or occupation, or keeping of any goods or merchandise, is injurious to the health or physical comfort of the community. - The construction of any building or disposal of any substance, as is likely to occasion conflagration or explosion. - Any building, tent, structure, or tree which is likely to fall and thereby cause injury to persons. - Any tank, well or excavation adjacent to any such way or public place. - Any dangerous animal, which requires to be destroyed confined or otherwise disposed of.

Contd..

Type of Public Nuisance and conditions with which an order is to be passed

8/27/2010

P.V. Kachare, Dy. Collector, Nashik

 The Executive Magistrate may make a conditional order requiring the person causing such nuisance to remove such nuisance within time specified and show-cause why the order should not be made absolute. The order passed if practicable to be served on the person and it cannot be served, it should be notified by proclamation and copy thereof shall be struck-up at a conspicuous place. If the conditional order not complied with, conditional order shall be made absolute. Also punishable under Section 188 IPC (simple imprisonment for one month or fine of Rs.200 or both) During the enquiry, the Executive Magistrate finds that there is reliable evidence in support of denial by the respondent, he shall stay the proceedings until the matter is decided by the competent court. No order duly made by the Executive Magistrate under Section 133 shall be called in question in any Civil Court.

Contd..

Nuisance of urgent nature and apprehended danger

8/27/2010

P.V. Kachare, Dy. Collector, Nashik

Remedies Available against Public Nuisance

8/27/2010

P.V. Kachare, Dy. Collector, Nashik

8/27/2010

P.V. Kachare, Dy. Collector, Nashik