24 Pages Posted: 22 Dec 2011
Date Written: December 20, 2011
Chapter X of the Code of Criminal Procedure, 1898 deals with the subject of Public nuisances. It comprises of twelve sections i.e., sections 133 to 139-A and 140 to 143. The law on the subject is comprehensive, clear and exhaustive and leaves no ambiguity about anything relevant to the subject. It is the magistrate who is charged with the duty to carry in to effect the law of public nuisances fully. The entire procedure on the subject of public nuisances has been covered by the following eleven headings: Conditional order for removal of nuisance. 1) Service of notification of order. 2) Person to whom order is addressed to obey or show cause or claim jury. 3) consequence of his failing to do so. 4) Procedure where he appears to show cause. 5) Procedure where he claims jury. 6) Procedure where jury find’s Magistrate’s order to be reasonable.
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