A District Magistrate can order conditional order for removal of nuisance under section _______ of Cr.P.C

The correct answer is 'Section 133 of Cr.P.C'

Key Points

• Section 133 of the Criminal Procedure Code (Cr.P.C.):
  • Section 133 of the Cr.P.C. empowers a District Magistrate, Sub-Divisional Magistrate, or any other Executive Magistrate to issue a conditional order for the removal of public nuisances.
  • The section is aimed at preventing or remedying nuisances that may affect public health, safety, convenience, or the environment.
  • Examples of nuisances under Section 133 include obstruction of public pathways, polluting water bodies, dangerous structures, and illegal trade practices that pose risks to the public.
  • The Magistrate can issue a conditional order to the person responsible for the nuisance, directing them to remove it or take corrective actions within a specified time.
  • If the person objects to the order, a further inquiry is conducted, and the Magistrate can make the order absolute if the nuisance is established.

Additional Information

• Section 132 of Cr.P.C.:
  • Section 132 provides protection to public servants for acts done in good faith during the execution of their duties, such as dispersing unlawful assemblies.
  • This section is unrelated to the removal of nuisances and deals with immunity for lawful actions taken during public safety operations.
• Section 144 of Cr.P.C.:
  • Section 144 empowers a Magistrate to issue orders in urgent cases of nuisance or apprehended danger, such as imposing restrictions on public gatherings to prevent riots or unrest.
  • While it addresses public safety, it is a preventive measure for maintaining peace and not specifically for the removal of nuisances.
• Section 145 of Cr.P.C.:
  • Section 145 deals with disputes concerning land or water where there is a likelihood of a breach of peace.
  • It allows a Magistrate to take preventive measures and decide the possession of the disputed property temporarily until the matter is resolved by a competent court.
  • This section does not address public nuisances.