38.6c New Delhi, India, Saturday, August 02, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Executive

Law Commission for amendments in law to tackle prolonged wilful obstruction [Read Report]

By Jhanak Sharma      05 February, 2024 06:37 PM      0 Comments
Law Commission for amendments in law to tackle prolonged wilful obstruction

NEW DELHI: The Law Commission of India has recommended for a enacting separate law or making necessary amendments in the Bharatiya Nyaya Sanhita or the Indian Penal Code to deal with the issue of prolonged wilful obstruction of public spaces.

It felt that criminal cases relating to the offences under the Prevention of Damage to Public Property Act may not act as a sufficient deterrence.

The Comission opined that those who are involved in damaging public property may get bail only after depositing money equivalent to the loss caused by them.

It also noted prolonged obstructions of public spaces often end up causing huge inconvenience to the smooth movement of even essential and emergency services such as availing of medical facilities, mobility of ambulance and fire brigade, efficient discharge of administrative and judicial functions, schools, colleges, etc.

Wherever, such protests are not in designated places and tend to create wilful obstruction and blockade of public spaces and roads for prolonged periods, a comprehensive law should be put in place to address them so that they cannot get ignored and continue to cause tremendous hardships to the general public in the guise of absence of legislation, the commission said.

The panel led by former Karnataka High Court Chief Justice Ritu Raj Awasthi, in a report submitted to the Law Minister Arjun Ram Meghwal, said, Compelling the offenders to deposit the estimated value of the public property as a condition for granting bail would definitely be a sufficient deterrent against destruction of public property".

The panel felt that the fear of conviction and sentence in criminal cases relating to the offences under the Prevention of Damage to Public Property Act may not act as a sufficient deterrence against destruction of public property.

In order to address the issue of damage to private property, a separate law can be brought in such as the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 enacted in the State of Kerala. The same can also be achieved by amending and adding to the applicable sections of IPC or the Bharatiya Nyaya Sanhita, the Commission said.

In its 284th report, the Commission said over the years, the destruction of public property has continued undiminished and, in fact, it appears that the scale of destruction has only increased over the years causing gargantuan losses to the public exchequer and inconvenience to the general public.

It said the law that was passed in 1984 seems to have failed in its stated objective of preventing the destruction of public property, and this is a sentiment echoed not only by the courts but also by various other government bodies.

The Commission also pointed out that in Kerala, as a result of the decisions of the Kerala High Court in Hemanth Kumar Vs Sub Inspector of Police and, Hemachandran M T @ Kamalesh Vs Sub Inspector of Police, the criminal courts insisted on depositing the estimated value of the public property damaged as a condition for granting bail.

As a result of this, instances of destruction of public property in connection with bandhs, hartals and other public agitations have become practically nil, the panel said.

Bearing in mind the gravity of the issue and the loss being borne by the state exchequer, the 22nd Law Commission suo motu undertook to prepare this report.

The Commission made an extensive study of the subject, analysing the various relevant constitutional and statutory provisions, the numerous judicial pronouncements by the courts across the country, and the incidents involving large scale destruction of public property.

After an in-depth deliberations, the Commission recommended amendments in the Prevention of Damage to Public Property Act (PDPPA), 1984. 

 

[Read Report]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges  [Read Petition] SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges [Read Petition]

A bench of Justices K M Joseph and Hrishikesh Roy sought a response from the Union government's Law and Justice and Home Ministries, and the Election Commission on plea by BJP leader and advocate Ashwini Kumar Upadhyay.

Amicus curiae supports plea for permanent disqualification of convicted lawmakers [Read Report] Amicus curiae supports plea for permanent disqualification of convicted lawmakers [Read Report]

Explore the plea for permanent disqualification of convicted lawmakers in India. Discover why legal experts argue that limiting disqualification to six years is arbitrary and violates Article 14 of the Constitution. Dive into the debate surrounding this crucial issue.

Supreme Court Frees Death Row Convicts Due to Flawed Investigation in 2013 Kidnap Murder Case [Read Judgment] Supreme Court Frees Death Row Convicts Due to Flawed Investigation in 2013 Kidnap Murder Case [Read Judgment]

Supreme Court acquits two death row convicts in a 2013 kidnap-cum-murder case, highlighting the urgent need for a reliable police investigation code. Learn how shocking lapses led to this historic decision.

Law Commission Recommends Judicial Discretion for Age of Consent Under POCSO Act [Read Law Commission Report] Law Commission Recommends Judicial Discretion for Age of Consent Under POCSO Act [Read Law Commission Report]

Learn about the Law Commission's stance on the age of consent under the POCSO Act, its recommendations for judicial discretion in sentencing, and the potential impact on child protection and exploitation. Explore the complexities surrounding consent and child sexual abuse laws.

TRENDING NEWS

sc-to-first-consider-maintainability-of-review-against-2022-judgment-on-eds-powers-under-pmla
Trending Judiciary
SC to first consider maintainability of review against 2022 judgment on ED's powers under PMLA

SC to first decide if review pleas on ED powers under PMLA are maintainable; hearing on Karti Chidambaram’s plea set for August 6.

01 August, 2025 10:58 AM
sc-recalls-may-2-judgment-scrapping-jsw-steels-resolution-plan-for-bhushan-power-and-steel-ltd
Trending Business
SC recalls May 2 judgment scrapping JSW Steel's resolution plan for Bhushan Power and Steel Ltd

SC recalls its May 2 verdict cancelling JSW Steel’s ₹19,300 Cr resolution plan for Bhushan Power; matter to be heard afresh on August 7.

01 August, 2025 11:13 AM

TOP STORIES

sc-questions-justice-varma-over-failure-to-challenge-validity-of-in-house-inquiry-panel
Trending Judiciary
SC questions Justice Varma over failure to challenge validity of in-house inquiry panel

SC questions Justice Varma for not challenging in-house probe panel earlier despite cash haul case; asks why he joined inquiry if he found it flawed.

28 July, 2025 02:27 PM
timelines-for-governor-prez-to-clear-bills-kerala-asks-sc-to-return-presidential-reference-unanswered
Trending Executive
Timelines for Governor, Prez to clear Bills: Kerala asks SC to return presidential reference "unanswered"

Kerala urges SC to return Presidential reference on bill clearance timelines as “unmaintainable”, citing suppression of facts and settled SC rulings under Article 200.

28 July, 2025 02:38 PM
sc-refuses-to-stay-publication-of-draft-voters-list-in-bihar-on-aug-1
Trending Judiciary
SC refuses to stay publication of draft voters list in Bihar on Aug 1

SC declines stay on Bihar draft voter list; asks EC to consider Aadhaar, Voter ID for inclusion ahead of Assembly polls on August 1.

28 July, 2025 04:10 PM
why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email