Section 283 of Indian Penal Code, 1860 – Explained!

Legal Provisions of Section 283 of Indian Penal Code, 1860.

Danger or obstruction in public way or line of navigation:

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Causing danger, obstruction or injury in any public way or public line of navigation has been made an offence under this section. The section states that whoever either causes danger, or obstruction or injury to any person in any public way or public line of navigation, by either doing any act, or by making an omission to take order with any property which is in his possession or under his charge, shall be punished with fine extending up to two hundred rupees.

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ADVERTISEMENTS:

There must be an act done, or an omission to take order with any property which is in possession or under the charge of the accused. Such act or omission must cause danger, obstruction or injury to another. The danger, obstruction or injury must be in any public way or public line of navigation. The offence under this section is punishable with fine only.

A large number of persons standing on the road busy with business activity at a shop and thus blocking or obstructing traffic cannot be held guilty under this section because such a wide interpretation cannot be given to the expression ‘doing any act’ in this section.

The section does not apply to cases where strangers have been prohibited from entering his field by the accused even though on previous occasions they had been permitted access through the field.

ADVERTISEMENTS:

The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.

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