What CrPC 133?
The object of Section 133 of the Code of Criminal Procedure, 1973 is to enable the Magistrate to pass quick order and deal speedily where public nuisance or obstruction is made.
What is the difference between Section 133 and 144 of CrPC?
The fundamental difference between the two sections is that an order affecting Section 133 can be passed only after a police report is received by the magistrate, while the decision to impose Section 144 can be taken without the police report.
What kind of orders are passed under section 133 CrPC by the Magistrate?
But Section 133 is the most important one; it provides conditional orders as a remedy for public nuisance. This section empowers a District Magistrate or Sub- Divisional Magistrate or any other Executive Magistrate to pass a conditional order, on receiving a report from a police officer after considering the evidence.
What is 133act?
Central Government Act. Section 133 in The Code Of Criminal Procedure, 1973. 133. Conditional order for removal of nuisance.
Can PIL be filed under section 133 of CrPC?
PROCEDURE TO FILE A PIL Any of these courts can be approached for filing the petition in the interests of the public or for public welfare: Supreme Court under Art. The Court of Magistrate under Sec. 133 of Cr.
What is Section 133 MV Act?
—The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his …
What is private nuisance?
A private nuisance usually is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the consequences of his act extend to the land of his neighbour by, for example, causing physical damage. A private nuisance is actionable in tort.
What is bail CRPC?
Bail is the judicial release of an accused charged with the certain offence by imposing some restrictions on him and compelling him to remain within the jurisdiction of court. …
How many orders are there in CrPC?
At present, the act contains 565 sections, 5schedules and 56 forms. The sections are divided into 46 chapters.
What is conditional order under CrPC?
Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, lank, well or excavation, or owning or possessing …
Can PIL be filed under Sec 133 CRPC?
What is conditional order in CRPC?
What are the conditions for the application of Section 133 CrPC?
CONDITION PRECEDENTS FOR THE APPLICATION OF SECTION 133 CrPc. In order to provide a sanction under Section 133 the Magistrate must be satisfied that- 1. It is a public nuisance i.e. the number of persons injuriously affected is so considerable that they may reasonably be regarded as the public or a portion of it.
What is the purpose of Section 133?
The object and public purpose behind Section 133 are to prevent public nuisance that if the magistrate fails to take immediate recourse to Section 133, irreparable damage would be done to the public. However, under Section 133 no action seems possible if the nuisance has been in existence for a long period.
What is section 133 of the Code of Criminal Procedure?
Editor’s Note: The author attempts to analyze Section 133 of the Code of Criminal Procedure which deals with the procedure for removal of public nuisance and process thereof along with the analysis of few case laws. Conditional order — Section 133 provides for a rough and ready procedure to be used in urgent cases for removal of public nuisances.
What are the powers of Sub-Divisional Magistrate under Section 133 CrPC?
Even the Water (Prevention and Control of Pollution) Act, 1974 has not taken away powers of the Sub-Divisional Magistrate under Section 133 CrPC. The Sub-Divisional Magistrate has power to close a factory causing pollution, when appreciation certificate from the Pollution Control Board is not produced.