Section 143 of The Code of Criminal Procedure, 1973
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State 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.
Summary
- Certain Executive Magistrates can order a person to stop repeating a public nuisance under the 1973 Code.
- This order can also prohibit the continuation of a public nuisance.
- The nuisance must be defined by the Indian Penal Code or by local and special laws.
- District and Sub-divisional Magistrates have this authority automatically.
- The State Government can also empower other Executive Magistrates to issue these specific orders.
Practical examples
FAQ
1. Who can issue an order to stop a public nuisance under Section 143 of The Code of Criminal Procedure, 1973?
A District Magistrate, a Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or District Magistrate can issue this order.
2. Where is the definition of public nuisance found for Section 143 of the 1973 Code?
The definition is found in the Indian Penal Code or any special or local law that applies to the area.
3. Can a Magistrate use Section 143 of the Code to prevent a person from repeating a nuisance?
Yes, Section 143 of the 1973 Code specifically allows a Magistrate to order a person not to repeat or continue a public nuisance.
Test yourself
Q1.Under Section 143 of The Code of Criminal Procedure, 1973, which Magistrate has the power to act?
Q2.How does Section 143 of the Code of Criminal Procedure, 1973, define a public nuisance?
Q3.What can a Magistrate specifically order under Section 143 of the 1973 Code?
Q4.Under Section 143 of The Code of Criminal Procedure, 1973, who can empower an Executive Magistrate to stop a nuisance?