Code:
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.
Explanation:
This section empowers a Magistrate to prevent any public nuisance, which is likely to cause annoyance or injury to the public. The Magistrate can issue an order prohibiting the continuance or repetition of the nuisance. The order can be directed towards specific individuals or the general public.
Illustration:
Imagine a group of people playing loud music at night in a residential area, causing disturbance to the residents. The concerned residents can complain to the Magistrate. After investigation, the Magistrate can issue an order prohibiting the playing of loud music after a certain time, thereby preventing the public nuisance.
Common Questions and Answers:
What constitutes a public nuisance?
Any act or omission that causes annoyance or injury to the public at large can be considered a public nuisance. Examples include noise pollution, air pollution, illegal dumping, and obstruction of public ways.
Who can file a complaint under Section 143?
Any person who is affected by the public nuisance can file a complaint with the Magistrate.
What are the powers of the Magistrate?
The Magistrate can issue an order prohibiting the continuation or repetition of the public nuisance. The order can be directed towards specific individuals or the general public. The Magistrate can also impose a penalty for violation of the order.
What are the grounds for appeal against the Magistrate’s order?
An appeal can be filed against the Magistrate’s order on the grounds that the order is illegal, unjust, or unreasonable.
