Section 133 CrPC: Conditional Order for Removal of Nuisance – Explained

1. Code

Section 133 of the Code of Criminal Procedure, 1973 (CrPC) deals with the removal of public nuisances.

2. Explanation

This section empowers a Magistrate to issue a conditional order for the removal of a public nuisance if it is likely to cause injury, danger, or annoyance to the public. This order can be issued even before a formal trial.

Here’s a breakdown of the key aspects:

• Public Nuisance: Any act or omission that endangers the life, health, safety, comfort, or convenience of the public at large.
• Conditional Order: The Magistrate issues an order requiring the person responsible for the nuisance to take steps to remove it within a specified timeframe.
• No Formal Trial: This section allows for a quick and efficient remedy without the need for a full-blown trial.
• Appeal: The person against whom the order is issued can appeal against it to a higher court.

3. Illustration

Suppose a factory is emitting toxic fumes that are polluting the air and affecting the health of nearby residents. The Magistrate, upon receiving a complaint, can issue a conditional order under Section 133 to the factory owner to install pollution control devices within a specific timeframe. If the owner fails to comply, further legal action can be taken.

4. Common Questions and Answers

Q1: What is the difference between a public nuisance and a private nuisance?

A: A public nuisance affects the public at large, while a private nuisance affects a specific individual or a small group of people. For example, loud music from a neighbor’s party is a private nuisance, while air pollution from a factory is a public nuisance.

Q2: Who can apply for an order under Section 133?

A: Any person who is affected by the nuisance can apply to the Magistrate for an order.

Q3: Can the Magistrate issue an order without a hearing?

A: While Section 133 allows for a quick remedy, the Magistrate is required to give the person responsible for the nuisance a fair opportunity to be heard. However, the hearing need not be formal, and the Magistrate can act on the basis of prima facie evidence.