Explained: What is The Prevention of Damage to Public Property Act, 1984
New Delhi, Jun 18: There has been widespread violence following the announcement of the Agnipath recruitment scheme. The nation had also witnessed violence following the comments made on Prophet Mohammad.
In all these cases rioters have taken to the streets and damaged property. Public property worth crores of Rupees have been damaged. In the past three days, protesters even set trains ablaze.
To
deal
with
such
types
of
cases,
The
Prevention
of
Damage
to
Public
Property
Act
was
introduced
in
1984.
The
act
enacted
by
Parliament
was
brought
in
for
prevention
of
damage
to
public
property
and
for
matters
connected
therewith.
The
act
came
into
effect
on
January
28,
1984.
Definition
of
public
property:
Public
property"
means
any
property,
whether
immovable
or
movable
(including
any
machinery)
which
is
owned
by,
or
in
the
possession
of,
or
under
the
control
of:
- The Central Government
- The State Government
- Any local authority
- Any corporation established by or is under a central, provisional or state act
- Any company as defined in Section 617 of the Companies Act, 1956. These are companies that are held by the government in which not less than 51 per cent of the paid up share capital is held by the Central or State government. IT also includes a company which is a subsidiary of the government company
Mischief
causing
damage
to
public
property:
Whoever
commits
mischief
by
doing
any
act
in
respect
of
any
public
property,
other
than
public
property
of
the
nature
shall
be
punished
with
imprisonment
for
a
term
which
may
extend
to
five
years
and
with
fine.
Whoever commits mischief by doing any act in respect of any public property being:
- Any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy
- Any oil installations
- Any sewage works;
- Any mine or factory;
- Any means of public transportation or of tele-communications, or any building, installation or other property used in connection therewith shall be punished with rigorous imprisonment for a term which shall not be less than six months, but it could extend to five years with fine.
Mischief causing damage to public property by fire or explosive substance:
- Whoever commits an offence by fire or explosive substance shall be punished with rigorous imprisonment for term which shall not be less one year but it could extend up to ten years with fine.
- The act also says that no person accused or convicted of the above mentioned offences shall, if in custody be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such a release.
Section 427 Indian Penal Code (IPC)(Mischief causing damage): Whoever commits mischief and causes loss of damage to the amount of Rs 50 or upwards shall be punished with imprisonment for a term that may extend to two years or with fine or both.
Section 425 IPC (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".
Section 426 IPC (Punishment for mischief): Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.