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Section 291 of Indian Penal Code, 1860 – Explained!

January 14, 2019 0 Comment

According to the section, the accused must either repeat or continue a public nuisance. He must have been enjoined by any public servant. The public servant must have authority under law to issue such injunction not to repeat or continue such nuisance. A magistrate is empowered by sections 142 and 143 of the Code of Criminal Procedure, 1973 to issue an injunction pending inquiry to prevent danger and may order any person not to continue a public nuisance. The Code of Civil Procedure, 1908 empowers a court to issue a temporary injunction.

The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.

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