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.