Public Nuisance

Public Nuisance
According to Section 268 of the Penal Code, Public Nuisance means-
A person is guilty of a public nuisance who does any act or guilty of an illegal omission which
causes any common injury, danger or annoyance to the public.

Relating to conditional order for removal of nuisance, under Section 133 of the Code of Criminal
Procedure 1898,

(1) Whenever a District Magistrate, Sub-Divisional Magistrate or a Magistrate of the first class
considers, on receiving a police-report or other information and taking such evidence as he
thinks fit,

that any unlawful obstruction or nuisance should be removed from any way, rivers or channel,
or

that the conduct of any trade or occupation is injurious to the health or physical comfort of the
community so that it should be prohibited or regulated or

that the construction of any building or the disposal of any substance as likely to occasion
conflagration or explosion should be prevented or stopped, or

that any building, tent or tree is in such a conditional that it is likely to fall and thereby cause
injury to public, so it is necessary to remove or repair or supporting thereof, or

that any tank, well or excavation adjacent to any such way or public place should be fenced, or

that any dangerous animal should be destroyed, confined or otherwise disposed of,

Such Magistrate may make a conditional order to the person obliged and such person shall
obey the order, or if he objects so to do, to appear before the Magistrate at a fixed time and
place and move to have the order such aside or modify in the manner hereinafter provided.

(2) No order duly made by a Magistrate under this section be call in question in any Civil Court.

Related cases are as follows-

1. A dog bites and causes injury is guilty of a crime because the dog is negligently letting
out. ( Mg Shwe Zin V. Mg Po Nge, Vol 2. 1923 .BLJ8 )
2. There is no evidence that the sale of fish whether on or near a public road causes
annoyance to the public passing on that road and should not be punished. ( Queen
Empress V. Paung Tha Ri, SJLB. 1872-1892, 94 )
3. Entering indigo powder from the upstairs of Indigo Enterprise to the food of the people
who stay downstairs is guilty of public nuisance. ( Ma Amar V. The Union of Myanmar,
1968. MLR .41 )
Public Nuisance

According to Section 142 (1) of the CRPC 1898-

If a Magistrate making an order under Sec 133 considers that immediate measures should
be taken to prevent Imminent danger or injury of a serious kind to the public, he may issue
such an injunction to the person against.