Section 137 CrPC: Procedure for Denying Existence of Public Right

1. State the code

Section 137 of the Code of Criminal Procedure, 1973 (CrPC) deals with the procedure for denying the existence of a public right.

2. Explain it

This section outlines the process for dealing with situations where a person claims a right to obstruct or interfere with a public right, such as a right of way or a right to use a public place.

The procedure allows a Magistrate to investigate the claim and, if necessary, issue an order declaring the existence of the public right. This is done to prevent the wrongful deprivation of public rights.

3. Illustrate it

Let’s consider an example: A person builds a fence across a public path, claiming ownership of the land. People in the area need this path to reach their homes and for other purposes. This obstructs a public right of way. Under Section 137, the concerned people can approach a Magistrate to investigate the matter and declare the existence of the public right of way. The Magistrate can order the removal of the fence to restore the public right.

4. Common Questions and Answers

Q: What are some examples of public rights covered under this section?

A: Public rights include rights of way, access to water sources, access to public places, and the right to use public property for its intended purpose.

Q: Who can file a complaint under Section 137?

A: Any person who feels their public right has been obstructed can file a complaint.

Q: What are the consequences of violating a Magistrate’s order under this section?

A: Disobeying a Magistrate’s order under Section 137 can result in criminal charges.