Free One Liner Notes · The Prevention Of Damage To Public Property Act, 1984, One Liner Notes
The Prevention Of Damage To Public Property Act, 1984, One Liner Notes
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THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 | |
| What is the Act no. of the Prevention of Damage to Public Property Act, 1984? | ACT NO. 3 OF 1984 |
| What is the exact date of enactment for the Prevention of Damage to Public Property Act, 1984? | 16th March, 1984 |
| What is the primary long title of the Prevention of Damage to Public Property Act, 1984? | An Act to provide for prevention of damage to public property and for matters connected therewith. |
| Which provision of the Prevention of Damage to Public Property Act, 1984 deal with the term “Short title, extent and commencement”? | Section 1 |
| What does Section 1 of the Prevention of Damage to Public Property Act, 1984 relate with? | It relates with the short title, extent and commencement of the Act. |
| What is the short title of the Act under Section 1(1)? | The Prevention of Damage to Public Property Act, 1984. |
| To what territorial extent does the Act apply under Section 1(2)? | To the whole of India. |
| From which date is the Act deemed to have come into force under Section 1(3)? | On the 28th day of January, 1984. |
| Which provision of the Prevention of Damage to Public Property Act, 1984 deal with the term “Definitions”? | Sec.2 |
| Which provision of the Act deals with “mischief”? | Section 2(a) |
| What is the meaning of the term “mischief”? | The same meaning as assigned to it under section 425 of the IPC, 1860 or Sec 324 BNS, 2023. |
| Which provision of the Act deals with “public property”? | Section 2(b) |
| How is the term “public property” defined? | “Public property” means any property, whether movable or immovable, which is owned by, or in the possession of, or under the control of the specified authorities. |
| Which category of Government-owned property is covered under Section 2(b)? | Property owned by, in the possession of, or under the control of- (i) the Central Government; or (ii) any State Government; or (iii) any local authority; or (iv) any corporation established by, or under, a Central, Provincial or State Act; or (v) any company as defined in section 617 of the Companies Act, 1956 (1 of 1956); or (vi) any institution, concern or undertaking which the Central Government may, by notification in the Official Gazette, specify in this behalf. |
| What limitation does the proviso to Section 2(b)(vi) place on the Central Government’s power of specification? | The Central Government shall not specify any institution, concern or undertaking unless it satisfies the prescribed funding requirement. |
| Which provision of the Act deals with “Mischief causing damage to public property”? | Section 3 |
| What offence is created under Section 3(1) of the Act? | The offence of committing mischief by doing any act in respect of public property other than the property referred to in sub-section (2). |
| What is the punishment prescribed under Section 3(1)? | The punishment is imprisonment for a term which may extend to five years and with fine. |
| What category of public property is covered under Section 3(2)? | (a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy; (b) any oil installations; (c) any sewage works; (d) any mine or factory; (e) any means of public transportation or of tele-communications, or any building, installation or other property used in connection therewith |
| What is the minimum and maximum punishment prescribed under Section 3(2)? | The punishment is rigorous imprisonment for a term not less than six months and which may extend to five years, along with fine. |
| What discretion is given to the court under the proviso to Section 3(2)? | The court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months. |
| Which provision of the Act deals with “Mischief causing damage to public property by fire or explosive substance”? | Section 4 |
| To which offences does Section 4 apply? | Offences committed under sub-section (1) or sub-section (2) of section 3 when such offences are committed by fire or explosive substance. |
| What is the minimum and maximum punishment prescribed under Section 4? | The punishment is rigorous imprisonment for a term not less than one year and which may extend to ten years, along with fine. |
| What discretion is given to the court under the proviso to Section 4? | The court may, for special reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than one year. |
| Which provision of the Act deals with “Special provisions regarding bail”? | Section 5 |
| To which offences does Section 5 apply? | Offences punishable under section 3 and section 4 of the Act. |
| To whom does the restriction on bail under Section 5 apply? | The restriction applies to any person accused or convicted of an offence under section 3 or section 4. |
| What is the custody-related condition specified in Section 5 for applying the bail restriction? | The restriction applies where the accused or convicted person is in custody. |
| What procedural safeguard must be satisfied before bail or release on bond can be granted under Section 5? | The prosecution must be given an opportunity to oppose the application for such release. |
| What does Section 6 of the Prevention of Damage to Public Property Act, 1984 relates with? | It deals with the saving of the applicability of other laws in relation to offences covered under the Act. |
| What is the effect of Section 6 on the operation of other laws for the time being in force? | The provisions of this Act operate in addition to, and not in derogation of, the provisions of any other law for the time being in force. |
| Does Section 6 exempt any person from proceedings under other laws? | No, Section 6 does not exempt any person from any proceeding under other laws. |
| What types of proceedings are preserved under Section 6? | Proceedings by way of investigation or otherwise that could have been instituted or taken apart from this Act are preserved. |
| What does Section 7 of the Prevention of Damage to Public Property Act, 1984 relates with? | It relates with the Repeal ad Savings |
| Which legislative instrument is repealed under Section 7(1)? | The Prevention of Damage to Public Property Ordinance, 1984 (Ordinance 3 of 1984) is repealed. |
| What is the effect of the repeal on actions taken under the repealed Ordinance as per Section 7(2)? | Anything done or any action taken under the repealed Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. |