Professional Documents
Culture Documents
IPC Provisions - Illegal Demolition and Construction
IPC Provisions - Illegal Demolition and Construction
1. Section 268: Public Nuisance: -A person is guilty of a public nuisance who does any act
or is guilty of an illegal omission which causes any common injury, danger or annoyance
to the public or to the people in general who dwell or occupy property in the vicinity, or
which must necessarily cause injury, obstruction, danger or annoyance to persons who
may have occasion to use any public right.
2. A common nuisance is not excused on the ground that it causes some convenience or
advantage
3. Section: 283: Danger or obstruction in public way or line of navigation: -Whoever, by
doing any act, or by omitting to take order with any property in his possession or under
his charge, causes danger, obstruction or injury to any person in any public way or public
line of navigation, shall be punished, with fine which may extend to two hundred rupees.
4. Section 287: Negligent conduct with respect to machinery: -Whoever does, with any
machinery, any act so rashly or negligently as to endanger human life or to be likely to
cause hurt or injury to any other person, or knowingly or negligently omits to take such
order with any machinery in his possession or under his care as is sufficient to guard
against any probable danger to human life from such machinery, shall be punished with
imprisonment of either description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.
5. Section 288: Negligent conduct with respect to pulling down or repairing buildings: -
Whoever, in pulling down or repairing any building, knowingly or negligently omits to
take such order with that building as is sufficient to guard against any probable danger to
human life from the fall of that building, or of any part thereof, shall be punished with
imprisonment of either description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.
6. Section 336: Act endangering life or personal safety of others: - Whoever does any act
so rashly or negligently as to endanger human life or the personal safety of others, shall
be punished with imprisonment of either description for a term which may extend to
three months or with fine which may extend to two hundred and fifty rupees, or with
both.
7. Section 425: Mischief: - Whoever with intent to cause, or knowing that he is likely to
cause, wrongful loss or damage to the public or to any person, causes the destruction of
any property, or any such change in any property or in the situation thereof as destroys
or diminishes its value or utility, or affects it injuriously, commits “mischief”.
8. Explanation 1.—It is not essential to the offence of mischief that the offender should
intend to cause loss or damage to the owner of the property injured or destroyed. It is
sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or
damage to any person by injuring any property, whether it belongs to that person or not.
9. Explanation 2.—Mischief may be committed by an act affecting property belonging to
the person who commits the act, or to that person and others jointly.
10. Illustrations:
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful
loss to Z. A has committed mischief.
(b) A introduces water in to an ice-house belonging to Z and thus causes the ice to
melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of
thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a
debt due from him to Z, destroys those effects, with the intention of thereby
preventing Z from obtaining satisfaction of the debt, and of thus causing damage
to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the
intention of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has
lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to
cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and
knowing that he is likely to cause damage to Z's crop. A has committed mischief.
11. 7) Section 426:- Punishment for mischief
12. 8) Section 427: Mischief causing damage to the amount of fifty rupees:- Whoever
commits mischief and thereby causes loss or damage to the amount of fifty rupees or
upwards, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both
13. 8) Section 441: Criminal Trespass: Whoever enters into or upon property in the
possession of another with intent to commit an offence or to intimidate, insult or annoy
any person in possession of such property, or having lawfully entered into or upon such
property, unlawfully remains there with intent thereby to intimidate, insult or annoy any
such person, or with intent to commit an offence, is said to commit “criminal trespass”.
14. 9) Section 442: House-trespass: Whoever commits criminal trespass by entering into or
remaining in any building, tent or vessel used as a human dwelling or any building used
as a place for worship, or as a place for the custody of property, is said to commit
“house-trespass”.
Explanation.—The introduction of any part of the criminal trespasser's body is entering
sufficient to constitute house-trespass.