22nd Law Commission (LC) submits 284th Report titled Prevention of Damage to Public Property

Posted 03 Feb 2024

Updated 19 Mar 2024

2 min read

Commission took suo motu cognizance to prepare the report on account of rising incidents of vandalism and consequent loss to the state exchequer.
Also, it highlighted the issue of wilful obstruction of public place or way.
- It said that only some States have provisions for dealing with obstructions on public pathways.

Key Recommendations:
- Amendment in the PDPP Act, 1984, it should include
  - One of the conditions for bail should be the deposit of an amount equivalent to the estimate value of the property damaged.
- Enact comprehensive law dealing with wilful obstruction.
  - Also, related provision can be included in BNS.

Constitutional and Legal Provisions for Protection
- Fundamental Right under Article 19 implicitly contains the Right to protest.
  - However, demonstration which creates nuisance and disturbances are not covered under it.
- Fundamental Duties, Article 51 A (duty of every citizen to safeguard public property and to abjure violence).
- Prevention of Damage to Public Property (PDPP), Act 1984 contains provisions dealing with mischiefs resulting in damage of public property.
- Sections 425 to 440 of the Indian Penal Code (IPC) deal with it.
  - Several sections of Bhartiya Nyaya Sanhita (BNS) (which will replace IPC) deal with it.

Bharat Kumar vs State of Kerala (1997): Public authorities to initiate action for recovery of the damages caused to the State property.
Destruction of Public and Private Properties vs. State of Andhra Pradesh (2009) SC suo motto appointed two committees.
- Also, provided guidelines on the basis of the recommendation.

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