Chapter X
Section 143 CrPC: Magistrate may prohibit repetition or continuance of public nuisance
New Law Update (2024)
N/A
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
State of M.P. v. Kedia Leather & Liquor Ltd. (1998):
While primarily dealing with Section 133 CrPC, this Supreme Court judgment extensively discussed the nature and scope of ‘public nuisance’ under the Code of Criminal Procedure, affirming the preventive nature of such provisions and the Magistrate’s role in maintaining public order and safety. The principles regarding what constitutes a public nuisance and the Magistrate’s power to address it are directly relevant to Section 143 CrPC.
C.P. Gupta v. State of Delhi (1980):
The Delhi High Court, in the context of preventive sections like 143 and 144 CrPC, emphasized that an order passed by a Magistrate must be based on credible information and directed towards preventing the continuance or repetition of a public nuisance or an apprehended danger. The Court underscored that such prohibitory orders are intended to be preventive and summary in nature to maintain public peace and tranquillity.