You can file for public nuisance and mischeif in the above case.
Hello Sir , Right outside my flat a group has been playing cricket for the last 4 years .. they were causing lot of noise pollution for 2-3 hours everyday .. i had put multiple messages on our public forum ..complaining about the noise and about the cricket shots which frequently fell near walkers in the walking track.. there is one person who makes the most noise and when ever someone complains he comes the next day and creates even more noise shouting at the top of his voice and encouraging other players to hit crazy shots … this has been going on for two years … I don’t want to take on the whole team .. but I think taking on this one loud insensitive person will send a message to him and the rest of the team to respect others rights to peace .. and less noise .. what are the sections I can file a complaint against him personally ?
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Dear lawyers : one more advise I require is with the following 1) Could you mention the sections headings .. and also 2) what is / are the outcomes I can expect from the police / magistrate which I should also mention in the complaint .. ( like will it be a verbal warning only ? )
File police complaint under section 504 of IPC for acts endangering peace
2) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
3) in alternative you can file complaint with magistrate under section 133 of cr pc for removal of public nuisance
4)in order to constitute a public nuisance, the injury, danger or annoyance must be caused to the public, or to the people in the vicinity or to persons who may have occasion to exercise any public right.
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.
Harassment Through Nuisance
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.
Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.
As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.
Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.
Harassment Through Mischief
When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –
Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
You can file suit for declaration and mandatory injunction in a civil court as well.
You can claim damages in the same suit.
THE KARNATAKA POLICE ACT,
(similar State Police Act also existing in each State)
Punishment for cruelty to animals.—Whoever cruelly beats, goads, overworks, illtreats, or tortures or causes or procures to be cruelly beaten, goaded, overworked, ill-treated or tortured any animal shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees, or with both. 94. Punishment for willful trespass.—(1) Whoever without satisfactory excuse willfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or appropriated to public purposes, or on any vehicle or vessel, shall, on conviction, whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees. (2) Any Police Officer may, on the information of any person in possession or in charge of any dwelling house, premises, or land or ground attached thereto, or of any ground, building, monument or structure belonging to Government, arrest without a warrant any person alleged to have committed therein or thereon any offence punishable under sub-section (1) of this section.
Hi, you have to lodge the Police complaint, you don't need to mention the Section. The police will lodge the FIR under appropriate sections.
Since the entire team constituting large mass of people are responsible for this tumult of shouting and screaming and creating disturbances, as an aggrieved person, you may have to give a complaint agaisnt the entire team and cannot single out any individual until and unless that individual had personally assaulted you or created problems to you in his individual capacity.
In fact he do not have courage to create all such nonsense individually hence he is gathering his friend to support his grossly unfair and morally wrong activities.
Your complaint may not be entertained if it is due to this reason.
Therefore to be on the safer side, you may better give a complaint agaisnt all those who are creating nuisance.
1. If you have decided to give a complaint you may have to give the complaint narrating the incidences and your grievances.
You are not supposed to quote the sections of law under which they are deemed to have committed the said offences.
2. First of all you may have to lodge the complaint with the police and wait for the actions that are initiated by them.
If the police are not effective to deal with the complaint then you can approach the court directly with a similar complaint seeking direction to police to initiate legal action on the complaint made by you.
The outcomes in such case cannot be predicted.
If you do not want any sever action to be taken against them then your complaint with the police itself would not be maintainable hence you can give a oral complaint to the police to call them and given them a warning about this.
- Such type of acts are against the law , and it is an offence under section 268/290 of IPC to create nuisance in front of any house, and it is your legal right to live peacefully.
- Hence, you can lodge a compliant against that person before the police and higher official
Dear Client,
Broadly speaking, the matter you explained pertains to one of public nuisance and therefore, section 268 and 290 of IPC shall be applicable along with breach of right to life which consists of the right to live and sleep in peace and the right to repose and health as they are causing lot of noise pollution which is also causes a lot of mental and psychological diseases in long run.Hence, you may expect the police to impose fine on them.
Thanks & Regards