CrPC Section 133
Criminal Procedure Code (CrPC) - Section 133: Power of Magistrate to Issue Order to Remove Nuisance
Section 133 of the Criminal Procedure Code (CrPC) empowers a Magistrate to issue orders to remove public nuisances that cause danger, obstruction, or injury to the public or individuals. This section is designed to ensure public safety and peace by quickly addressing and removing nuisances.
Purpose:
The purpose of Section 133 is to provide a speedy remedy to situations where a nuisance poses a threat to public health, safety, or convenience, by allowing a Magistrate to take immediate action.
Key Provisions of Section 133:
Definition of Nuisance:
A nuisance under this section includes any act or condition that:
Endangers human life,
Causes injury to public health,
Causes obstruction to the public in the use of public places, or
Interferes with the exercise of a public right.
Authority of Magistrate:
The Magistrate may call upon the person causing the nuisance to remove it.
If the person refuses or fails to comply, the Magistrate may order the removal or abatement of the nuisance.
Procedure:
The Magistrate can pass an order after considering the facts and hearing the parties involved.
The order is enforceable as if it were a decree of a civil court.
Execution of Order:
If the nuisance is not removed within the time specified, the Magistrate can take necessary action to remove it.
The expenses incurred in removing the nuisance can be recovered from the person responsible.
Appeal:
The person aggrieved by the Magistrate’s order may appeal to a higher court.
Importance of Section 133:
Protects Public Health and Safety: Allows quick removal of dangers and hazards affecting the community.
Maintains Public Order: Helps in preventing obstruction or interference in public places.
Legal Authority: Provides a clear legal mechanism for addressing nuisances without lengthy litigation.
Cost Recovery: Ensures that the person responsible bears the cost of removing the nuisance.
Practical Example:
If a building is causing obstruction on a public road or creating a health hazard due to unsanitary conditions, the Magistrate can order its removal or repair under Section 133.
Conclusion:
Section 133 of the CrPC is a powerful tool for Magistrates to protect the community from public nuisances by ordering their prompt removal. It balances individual rights with public interest and ensures the safety and convenience of the public.
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