• Disturbing the decorum of a public place intensely

I want to know that if a person disturbs or deteriorates the decorum of a bank premises repeatedly in different occasions by shouting angrily then what action could be taken against him and are there any sections under IPC or any other section according to which that person could be punished and penalized and can be handed over to the police.
Asked 3 years ago in Criminal Law
Religion: Hindu

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11 Answers

Section 107 in The Code Of Criminal Procedure, 1973

107. Security for keeping the peace in other cases.

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

Vibhanshu Srivastava
Advocate, New Delhi
9300 Answers
193 Consultations

5.0 on 5.0

Hello,

Chapter 14 of the Indian Penal Code deals with the offences effecting the public convenience.

the said person may be appropriately charged under section 268 of the Indian Penal code which defines public nuisance.

FIR may be lodged at the nearest police station.

Regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

File police complaint under section 504 of IPC against the person

2) Section 504 in The Indian Penal Code

504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ajay Sethi
Advocate, Mumbai
82704 Answers
5254 Consultations

5.0 on 5.0

Under section 268. of IPC which reads as follows : Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

A FIR can be filed with the police or a private complaint can be made to magistrate against person doing so.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

Hi, If the person is a bank official you can initiate a department action against him .. If he is a customer you can register a FIR for disturbing public peace and tranquility

Hemant Chaudhary
Advocate, Gurgaon
4605 Answers
51 Consultations

4.9 on 5.0

Sec 500, 504, 506 IPC.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

You can punish him under IPC sections 195A and 506.

Section 195A in The Indian Penal Code

1[195A. 2[Threatening any person to give false evidence].—Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.]

Section 506 in The Indian Penal Code

506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

You can file a. Case against him for creating public nuisance under IPC

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Dear Sir,

Following offences are attracted:

Chapter VIII – Of Offences Against the Public Tranquillity

Section 141:- Unlawful assembly

Section 142:- Being member of unlawful assembly

Section 143:- Punishment

Section 144:- Joining unlawful assembly armed with deadly weapon

Section 145:- Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

Section 146:- Rioting

Section 147:- Punishment for rioting

Section 148:- Rioting, armed with deadly weapon

Section 149:- Every member of unlawful assembly guilty of offence committed in prosecution of common object

Section 150:- Hiring, or conniving at hiring, of persons to join unlawful assembly

Section 151:- Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse

Section 152:- Assaulting or obstructing public servant when suppressing riot, etc.

Section 153:- Want only giving provocation with intent to cause riot – if rioting be committed: if not committed

Section 153A:- Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Section 153B:- Imputations, assertions prejudicial to national integration

Section 154:- Owner or occupier of land on which an unlawful assembly is held

Section 155:- Liability of person for whose benefit riot is committed

Section 156:- Liability of agent of owner or occupier for whose benefit riot is committed

Section 157:- Harbouring persons hired for an unlawful assembly

Section 158:- Being hired to take part in an unlawful assembly or riot

Section 159:- Affray

Section 160:- Punishment for committing affray

Read more: http://devgan.in/indian_penal_code/chapter_08.php#ixzz582Wla7XE

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

The bank or the authority which is in-charge of the organisation, shall initiate criminal complaint against the said person for the offences of nuisance and preventing government staff from functioning their official duties

The sections will be taken care by the police.

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

Hi,

Many charges lie against him:

Nuisance

prohibiting public servant in discharge of his duties etc.

goonda act

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

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