Conditional Order For Removal Of Public Nuisance
This section, originally part of the Code of Criminal Procedure (CrPC), empowers a District Magistrate or a Sub-divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government, to take preventive action to prevent imminent danger or public nuisance.
Code: Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: on Conditional Order For Removal Of Nuisance
The section allows the Magistrate to issue a conditional order to address situations like:
- Unlawful obstruction or nuisance: When a public place, way, river, or channel is blocked or disturbed.
- Injurious trade or occupation: When a trade or occupation harms the health or comfort of the community.
- Dangerous constructions: When a building or substance poses a risk of collapse or explosion.
- Precarious structures: When a building, tent, structure, or tree is in danger of falling and causing harm.
- Unsafe excavations: When an excavation poses a danger to the public.
- Dangerous animals: When a dangerous animal requires intervention for public safety.
The order can be made against the person responsible for the nuisance or dangerous situation. They have the right to appear before the Magistrate and present their case against the order becoming absolute.
Note: This section is often used to prevent public gatherings, demonstrations, or protests deemed likely to cause public disorder.
Illustrations:
- Unlawful assembly: If a group of people gather in a public place without permission and threaten to disrupt peace, the Magistrate can use Section 144 to disperse them.
- Hazardous construction: If a building under construction is deemed unsafe and likely to collapse, the Magistrate can order its immediate stoppage.
- Dangerous animal: If a wild animal is roaming freely in a populated area and poses a threat, the Magistrate can authorize its capture or destruction.
Common Questions and Answers:
- Q: Can Section 152 be used to silence dissent or restrict freedom of speech?
A: Section 152 must be used judiciously and should not be a tool to suppress dissent. If the order is used to restrict legitimate activities, it can be challenged in court. - Q: How long can a Section 152 order be in effect?
A: The order typically lasts for a specified period, usually not exceeding two months. The Magistrate can extend the order if necessary. - Q: What are the legal remedies available if I feel Section 152 is being misused?
A: You can challenge the order in a court of law, arguing that it is unreasonable or unjustified.
