CrPC Section 143: Magistrate’s Power to Prohibit Public Nuisance
1. Code:
Section 143 of the Code of Criminal Procedure, 1973 (CrPC) deals with the Magistrate’s power to prohibit public nuisance.
2. Explanation:
This section empowers a Magistrate to prevent any public nuisance, which is likely to cause annoyance or injury to the public. The Magistrate can issue an order prohibiting the continuance or repetition of the nuisance. The order can be directed towards specific individuals or the general public.
3. Illustration:
Imagine a group of people playing loud music at night in a residential area, causing disturbance to the residents. The concerned residents can complain to the Magistrate. After investigation, the Magistrate can issue an order prohibiting the playing of loud music after a certain time, thereby preventing the public nuisance.
4. Common Questions and Answers:
- What constitutes a public nuisance?
- Who can file a complaint under Section 143?
- What are the powers of the Magistrate?
- What are the grounds for appeal against the Magistrate’s order?
Any act or omission that causes annoyance or injury to the public at large can be considered a public nuisance. Examples include noise pollution, air pollution, illegal dumping, and obstruction of public ways.
Any person who is affected by the public nuisance can file a complaint with the Magistrate.
The Magistrate can issue an order prohibiting the continuation or repetition of the public nuisance. The order can be directed towards specific individuals or the general public. The Magistrate can also impose a penalty for violation of the order.
An appeal can be filed against the Magistrate’s order on the grounds that the order is illegal, unjust, or unreasonable.
