The penalty is prescribed under Section 188 of the Indian Penal Code, 1860. Section 136 deals with the penalty if the person against whom the order is made failed to comply with Section 135 of CrPC. It also provides that the person against whom the order is made should be given a reasonable opportunity to be heard and answer the allegations made against him.
Noise pollution control certificate florida code#
The Code of Criminal Procedure, 1973, or the Criminal Procedure Code is the law that deals with the procedure of administration of substantive criminal law in India. Section 290 of the Indian Penal Code, 1960 deals with the punishment for public nuisance. In simple words, it is an act which neglects the common good of the public and harms or annoys them by causing such an act, whereas private nuisance is an act which only harms few individuals rather than the public at large. Section 268 of the Indian Penal Code, 1960 defines the term public nuisance as an act or omission of some act which results in annoyance or common injury to the public. In this article, we will deal with the provisions under CrPC regarding environmental pollution.Įnvironmental pollution is a type of public nuisance. The Indian Penal Code, 1860, and the Criminal Procedure Code, 1973 (hereinafter CrPC) deal with the remedies and concept of the various nuisances, out of which one is environmental pollution. After 1972, a new zeal was seen in the Indian judiciary as well as the Indian legislature to interpret and make new laws for the protection of the environment. Article 48A which directs that state should endeavor to protect and mitigate the environment. In accordance with this, the Parliament of India amended The Indian Constitution in 1976 by inserting a new article, i.e. This declaration made the States adopt legislative measures to protect the environment.
The Stockholm Declaration, 1972 was perhaps the first guidelines or international principles to conserve and preserve the human environment.
Thus, the Indian Constitution provides the right of a person to a pollution-free environment under Article 21 (Right to life and personal liberty).
Environmental Pollution refers to the contamination of the components of the earth’s atmosphere which led to an adverse effect on nature due to the pressure of technological developments and population. Population is the major problem of large scale environmental pollution and resource depletion in the country. India is a home for around 1.3 billion people which is nearly a fifth of the world’s population. Provision for Public nuisance under Chapter X.
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