CrPC Section 143
Criminal Procedure Code (CrPC) – Section 143: Magistrate May Prohibit Repetition or Continuance of Public Nuisance
Section 143 of the Criminal Procedure Code (CrPC) provides the power to a Magistrate to prohibit the repetition or continuation of a public nuisance after it has been established through legal proceedings. This section is preventive in nature and aims to maintain peace and public order.
Purpose:
The purpose of Section 143 is to prevent the recurrence of acts that have already been legally determined as public nuisances and to safeguard the general public from harm, inconvenience, or danger caused by such acts.
Key Provisions of Section 143:
Who Can Issue the Order:
Any District Magistrate, Sub-divisional Magistrate, or Executive Magistrate specially empowered by the State Government can act under this section.
When Can the Order Be Issued:
After a public nuisance has been proved or determined through legal proceedings (civil or criminal), the Magistrate can prohibit the person responsible from repeating or continuing the act.
Nature of the Order:
The order may absolutely prohibit the nuisance or allow it only under specific conditions to prevent danger or inconvenience to the public.
Scope:
This section can apply to nuisances affecting public health, safety, comfort, or convenience, such as:
Blocking public pathways
Illegal dumping of waste
Harmful factory emissions or noise
Repeated encroachments on public land
Enforcement:
If the person disobeys the Magistrate’s order, they may face penal consequences, including punishment under Section 188 of the Indian Penal Code (IPC) for disobedience to a lawful order.
Importance of Section 143:
Prevents Reoccurrence: Ensures that once a public nuisance is legally identified, it does not continue.
Protects the Public: Safeguards public rights, health, and safety.
Administrative Efficiency: Provides Magistrates with a quick remedy without needing fresh litigation every time.
Supports Law Enforcement: Assists authorities in maintaining law and order in the locality.
Practical Example:
Suppose a person is found guilty of creating a public nuisance by repeatedly encroaching on a public road. Once the nuisance is established, the Magistrate can issue an order under Section 143 prohibiting them from repeating or continuing that act.
Conclusion:
Section 143 of the CrPC is a vital preventive tool that allows Magistrates to stop continuing or recurring nuisances that pose a threat or inconvenience to the public. It upholds public interest by enabling prompt administrative action after due legal determination of a nuisance.
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