The object of Section 133 of the Code of Criminal Procedure, 1973 is to enable the Magistrate to pass quick order and deal speedily where public nuisance or obstruction is made.
What is complaint in CrPC?
Section 2(d) in The Code Of Criminal Procedure, 1973. (d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
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.
What is Section 143 CrPC?
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the Stale Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special or local law.
Who is authorized for removal of public nuisance?
A District Magistrate or Sub-Divisional Magistrate, or any other Executive Magistrate duly empowered in this behalf, may order any person not to repeat or continue a public nuisance as defined in the Indian Penal Code or any special or local law [S. 143].
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.
Can a Magistrate pass a death sentence?
(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
What is the purpose of CrPC?
The Code of Criminal Procedure (CrPC) is mainly an adjective law of Procedure. The purpose of the code is to provide machinery for prosecution, trial, and punishment of offenders under substantive criminal law. i.e., the Indian Penal Code and other laws passed by the State from time to time.
Is Section 138 a bailable offence?
No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Further, the offence is non-cognizable so the police cannot arrest without a warrant.
What IPC 504?
Section 504 Indian Penal Code- Intentional insult with intent to provoke breach of the peace. The objective of 504 IPC section is to prevent the intentional use of abusive language amounting to insult, giving rise to provocations causing the person against whom such words are used to commit breach of peace.
What Crpc 149?
Section 149 in The Code Of Criminal Procedure, 1973. 149. Police to prevent cognizable offences. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.
What are the conditions for the application of Section 133 CrPC?
CONDITION PRECEDENTS FOR THE APPLICATION OF SECTION 133 CrPc. In order to provide a sanction under Section 133 the Magistrate must be satisfied that- 1. It is a public nuisance i.e. the number of persons injuriously affected is so considerable that they may reasonably be regarded as the public or a portion of it.
What is section 133 of the Code of Criminal Procedure?
Editor’s Note: The author attempts to analyze Section 133 of the Code of Criminal Procedure which deals with the procedure for removal of public nuisance and process thereof along with the analysis of few case laws. Conditional order — Section 133 provides for a rough and ready procedure to be used in urgent cases for removal of public nuisances.
What is the purpose of Section 133?
The object and public purpose behind Section 133 are to prevent public nuisance that if the magistrate fails to take immediate recourse to Section 133, irreparable damage would be done to the public. However, under Section 133 no action seems possible if the nuisance has been in existence for a long period.
What are the powers of Sub-Divisional Magistrate under Section 133 CrPC?
Even the Water (Prevention and Control of Pollution) Act, 1974 has not taken away powers of the Sub-Divisional Magistrate under Section 133 CrPC. The Sub-Divisional Magistrate has power to close a factory causing pollution, when appreciation certificate from the Pollution Control Board is not produced.
