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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

Related Supreme Court Judgement 

  • 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. 
  • Tags :
  • Law Commission Report
  • wilful obstruction of public place
  • Public Property
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