Public Nuisance
The
word public nuisance consists of two different word, viz, public and
nuisance and both have to present together to constitute this act or
omission. Public Nuisance is an act or omission that interferes or
obstructs the interest or comfort of public at large.
Public Nuisance is defined in section 268 of The Indian Penal Code 1860 which states that:-
The
use of the word annoyance gives this definition a very wide meaning and
includes a host of all those actions which may cause annoyance to the
public at large. If it only hurts one person then still it is nuisance
but come under the preview of private nuisance. Annoyance can be caused
and it implies a perception of the victim and can include even , playing
loud music, obstructing movement, blocking road or passages, activities
which may harm others, businesses which affect the safety of public,
life threatening trees or even animals, dangerous buildings, storage of
hazardous chemicals or explosives and so on.
The
object of this section basically is to safeguard the public health,
safety by causing acts punishable which affects the health, well being,
safety or threatens the life of people. Even if the act causes annoyance
to the people then also it will amount to nuisance.
A
public Nuisance is a criminal wrong, it is an act or omission that
obstructs damages or causes inconvenience to the right of the community.
The term public is defined in section 12 of IPC .The word public
includes any class of the public or any community. Thus a class or
community residing in a particular locality may come within the term
public.
A
common nuisance is not excused on the ground that it causes some
convenience or advantage to a charge of public nuisance that the act in
question was done. This simply means that there is no defence to a
charge of committing a public nuisance that the act in question was done
to prevent or mitigate some harm to the other person.
A
Nuisance can be public or private. A private nuisance is the nuisance
done to one person only but when the community at large is involved then
it is termed as public nuisance. Nuisance may be permanent, continuing,
recurring or even temporary nuisance.
Public nuisance is not
a civil wrong but a crime and it cannot be tried by a person unless the
person can prove special damages but by the state only. The public
nuisance comprises of all the small crimes which can cause hurt or
affect health or threaten life and it is not a wrong against a specific
person but is considered as a wrong against the society.
Section
133 Cr P C gives the power to the District Magistrate to issue
conditional order after receiving the report from police office or any
information and on taking such evidence as he thinks fit and in case it
if found that the act or omission will harm the health, safety and well
being of the public at large. A large number of activities are covered
under the section including old and dangerous trees, animal, old
buildings, obstruction, dangerous activities, storage and manufacture of
explosives or dangerous chemicals, industries affecting health and well
being.
No
order duly made by a Magistrate under this section shall be called in
question in any civil court. This section is designed to afford a rough
and ready procedure for removing public nuisances. In fact, the section
has been formulated to deal with emergent situations. In order to invoke
Section 133(l)(a), the nuisance has got to be a public nuisance and
then only it can be stated to affect the members of the public and hence
can be removed from the public place.
The
object and public purpose behind Section 133 are to prevent public
nuisance that if the magistrate fails to take immediate recourse to
Section 133, irreparable damage would be done to the public. However,
under Section 133 no action seems possible if the nuisance has been in
existence for a long period. In that case, the only remedy open to the
aggrieved party is to move the civil court.
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