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Is Destroying Government Property A Criminal Offense

  • Writer: lead India
    lead India
  • May 6, 2023
  • 3 min read

Since it is practically impossible to survive without the use of the material possessions that constitute the subject matter of property, property, which is defined as possession, is essential to human existence. Another element that is strongly related to property is the concept of ownership; the two are interconnected and cannot coexist apart.


The term "property" is widely used in a wider sense in modern contexts. It includes all of the individual liberties that connect a person's property to their life, liberty, and good name. Private property, public property, and collective property are the three primary classifications of property in terms of economics and politics, depending on who owns it.


Public property is land designated for public use. Consider the roads we use, the electricity we consume, public hospitals, parks, and government buildings as examples. They were built with taxpayer money. This kind of property is collectively owned by the citizens of a state rather than privately owned. This property is invested in the welfare of the state, not the welfare of any individual or group of individuals.


Committees:


  • Thomas Committee:

1. Justice K T Thomas, a former judge on the Supreme Court, presided over it.

2. It was argued that the prosecution should be required to show that the accused took part in a direct action that caused damage to public property. This direct action was called for by an organization.

3. The court agreed with the idea and added that the legislation needed to be changed so that it would be possible for the accused to refute any presumptions made by the court that they are guilty of harming public property.

4. This shift in the burden of proof is applicable, among other things, to sexual assault proceedings. Unless the prosecution establishes its case, the accused is typically presumed innocent under the law.

  • Nariman Committee:

1. Leading the group was veteran attorney Fali Nariman.

2. This committee's proposals focused on recovering damages for destruction.

3. The court agreed with them and decided that the rioters should be held strictly accountable and that damages must be compensated.

4. In addition, the Supreme Court instructed High Courts to issue orders on their own initiative and to set up a system to assess the harm done and grant compensation in cases where protests cause widespread property damages.


  • The 1984 Public Property Damage Prevention Act:

1. In accordance with Section 3, anyone who tries to damage or cause mischief to public property may be given a 5-year prison sentence as well as a fine. As a result, "public property" includes any structure, piece of infrastructure, and facility with access to water, electricity, lighting, etc.

2. Infractions that cause fire damage or other comparable substance damage, as per Section 4. Anyone who attempts to do so will be punished with a fine and a one-year sentence, with a maximum additional sentence of ten years depending on how much harm was caused.

3. According to Section 425 of the Indian Criminal Code, someone is considered to have committed "mischief" if they intentionally cause injury to or an unreasonable loss of public property.

4. The government extensively subsidizes the expense of maintaining public properties. Remedy provisions are found in Article 19 of the Fundamental Rights and the Directive Principles of State Policy (DPSP) of the Constitution.


Case Laws:

In Mohammad Shajauddin v. The State of UP, the Allahabad High Court declared that if any public property is damaged as a result of political party activity, the police may file a report on him by disclosing his name and the party to which he belongs. The government shall appoint a qualified individual, in accordance with the high court, to evaluate the damage caused and collect claims from the general public who have suffered losses as a result of this political party violence.


Despite the Supreme Court having created guidelines, it is still challenging to identify participants, especially during unplanned demonstrations, therefore their efficacy is limited. Before someone is held accountable for property damage, there needs to be evidence that they called for violence, even if that person has been recognised.


criminal lawyer in kolkata can be appointed if the cause of action has occurred in Kolkata. If the cause of action has occurred in Delhi then criminal lawyers in delhi can be appointed. criminal lawyer in bangalore can also be searched.


Lead India offers a range of information, legal services, and free legal advice online to solve the issue. Ask a legal question for free online and talk to a lawyer to receive the best advice in this situation.


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