Public nuisance crpc 133 to 143

Public Nuisance?

Meaning
This is derived from Frenchn word, ‘’nuire’’ or ‘nuis’ which means annoy, to disturb or to do hurt.
Definition
Generally it is an act affecting the public at large with regard to health safety and comfort or such rights enjoyed by members of society

Under Section 268 Pakistan Penal Code, a public nuisance is an act or illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occur)); property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

Public

According to penal code 1860, it would include any class a public or any community. Even if apprehended wrong was likely to affect only residents of particular locality. Public nuisance would be constituted thereby so as to attract provisions of section 91 of the Civil Procedure Code.

Nuisance

It is that activity which arises from unreasonable, unwarranted or unlawful use by a person of his own property working obstruction or injury to right of another. or to the public and producing such material annoyance. Inconvenience and discomfort that law will presume resulting damage.

Kinds of Nuisance

The nuisance may be:-

(a)             Private, or

(b)            Public.

Public Nuisance

According to Oxford Dictionary :-

(a) A public nuisance is one which effects an indefinite.

(b) Number of persons: or

(c) All people coming within the extent Of its range' operation:

(d) Although the extent or annoyance: or

(e) Damage inflicted upon individuals may he unequal,

According to Black's Law Dictionary:-

(a) A condition dangerous to health; or

(b) Offensive to community moral standards:

(c) Unlawfully obstructing the public in the free use of public property.

For example

(1) Any unreasonable interference with rights common to all members of community in General and encompasses public health. Safety, peace morals or convenience.

(2) Obstruction of a public highway.

(3) Or storage or rotten goods so as to endanger public health.

(4) Or causing annoyance to the public in any way.

(5) Opening of burial ground.

(6) Or slaughtering cattle on the public street. Will constitute public nuisance.

Definition of nuisance

A public or common nuisance is an act which interference with the enjoyment of a right which all members of the community arc entitled to. A private nuisance is a tort consisting of:-

(1) Any wrongful disturbance or interference with person's use or enjoyment of land or an casement.

(2) The act of wrongfully causing or allowing the escape of deleterious things into another's land.

Remedies against public nuisance

(a)   Criminal Remedies:-

(1)            Prosecution under the PPC (1898)

(2)            Proceeding under Section (133-143) of Criminal Procedure Code.

Explanation

(1) Where a person commits a public nuisance:-

(a) he is liable to criminal prosecution under the Pakistan Penal Code;

(b) he may be proceeded against under this section: and

 (c) he is liable to damages in a suit For example

For Example

Private individual who suffers special damages by reason of the nuisance, that is damage beyond what is suffered by him in common with other persons affect by the nuisance.

(2)Where a person obstructs a public highway by occupying and enclosing a portion thereof he may be prosecuted under Section 268 of the Penal Code.

(3) This will not preclude a suit under this section by the Advocate General or by two or more persons with his consent.

(4) Nor will the institution of the said two proceedings bar a suit by a private individual whose house abuts on that highway and the access to whose house is cut off by such enclosure, causing him special damage.

(5) Where the act committed causes damages to prk ate individuals. an injunction .\ ill he granted.

Public nuisance and How it is removed

Prevention of the public peace and tranquility is the primary function of the government. Criminal law protects the whole society by providing measure to person and property. Section criminal proceeding code provides for the issue of temporary orders in urgent cases of nuisance or apprehended danger. It confers power on certain magistrate to take prompt action in cases of emergency. An order can be made only to prevent danger to life, health, safety peace or tranquility of members of the public.

Essential of public nuisance
Following are the essential of public nuisance
a) Unlawful interference at public at large
b) Violation of right or enjoyment
c) Damage or loss.

Explanation
When any magistrate authorized by law consider that there are sufficient grounds for proceeding remedy is desirable then he will issue order, ex party order is issued in extremely emergency .

[makeerio]

ماشاءاللہ، بہت خوب۔
جزاک اللہ خیرا۔
شکریہ۔

[AbdulRazzaq-sgrg]

good knowldge is provided in this lecture

[sadamlawassociates]

سر بنیادی حقوق پر بھی ایک خاص لیکچر ہونا چاہیے تاکہ لوگوں کو ان کے حقوق کا علم ہوجاے