What is public nuisance under section 133 of CRPC?

(i) to remove such obstruction or nuisance; or. (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or.

Which sections of CRPC deal the public nuisance?

Chapter 10 of Criminal Procedure Code,1973 contains provisions relating to public order and tranquillity. The chapter has been classified into four categories. Under the Chapter sec 133 to 143 deals with public nuisance.

What are public nuisance Offences?

—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons …

What is the section 133?

—Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be …

How do you deal with public nuisance?

Remedies of Public Nuisance

1. By taking an injunction against its continuance or any other remedy as the court deems fit according to the case.
2. A suit can be filed against such an act either by the attorney in general or two or more persons from the permission of a court.

Can PIL be filed under Sec 133 CRPC?

PROCEDURE TO FILE A PIL Any of these courts can be approached for filing the petition in the interests of the public or for public welfare[4]: Supreme Court under Art. The Court of Magistrate under Sec. 133 of Cr.

Who can file a case for public nuisance?

(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the …

What Crpc 138?

138. Procedure where he appears to show cause. (1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons- case.

Is public nuisance a civil wrong?

Public nuisance refers to the interference with the rights of public as a whole or annoyance to public in general and is punishable​​ as an offence. Public nuisance is the criminal wrong and private nuisance is civil wrong.

What is the law of public nuisance in Criminal Procedure?

[4] The code of criminal procedure devotes an entire corpus of 13 Section, from 133 to 144A to prevent and regulate public nuisance. The law relating to public nuisance is thus found in chapter X, “ Maintenance of public order and tranquility”, CrPC 1973.

What are the different types of Nuisances?

Nuisances are of two types: (2) Private. Public Nuisance has been defined under section 268 of Indian Penal Code, 1860. It is an offence against the public either by doing anything which tends to annoy any the whole community in general or by refusing or neglecting to do anything required for common good. [1]

Does section 133 of the Pollution Act apply to public nuisance?

Section 133, Cr.P.C. dealing with public nuisance does not stand impliedly repealed by Pollution Acts: The area of operation in the Code and the pollution laws in question are different with wholly different aims and objects; and though they alleviate nuisance that is not of identical nature.