• IPC 283 for no parking

Hi All, 
My car was parked outside our office and the local Traffic Police towed the vehicle. We have been parking on that road for last two years and there had been no problems. There is no No Parking sign on that location and hence I was not aware of the new rule which came into effect. Also, Three days back my wife parked her vehicle in a No Parking area as she wasn't aware of it and went their first time and was towed. 
Now the Police SI booked a case against me under section IPC 283. As per him this is a repeated offence. They towed my vehicle even though I was present there and requested them not to tow.
Is IPC 283 a serious offence ? How can it affect my career in future? Will it require too much of hassle?
I am really disturbed to see the high headedness of the Police and willingness to trouble people? Is it good to plead guilty and close the case or fight the case to prove that it was wrong case as there were many vehicles which are parked on that road every day and it is not a criminal offence ?
Thank you in advance for your suggestions and guidance.
Asked 3 months ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
Section 283 of the Indian Penal Code deals  with  punishment for causing danger or obstruction in public way or line of navigation.

Section 283
Danger or obstruction in public way or line of navigation — Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

2) f your vehicle is found parked on the footpath or anywhere else obstructing traffic, you will be fined Rs 100 and vehicle handed over to the law and order police. As Section 283 is cognizable, it'll require cops to file an FIR and send you to court.

3)  fine amount under this section is limited to Rs 200

4) the defaulter can get back his vehicle only after  appearing  in court.

5) it will not affect your career
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
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Hello,
1) Let me quote the section for you "283. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees."

2) IPC 283 is not a very serious offence, it will not affect your career in any manner as it is a petty offence.

3) If you wish to get rid of the issue quickly, there is no problem about pleading guilty and paying the penalty. on the other hand if you wish to contest the case, you may do so by pleading not guilty and stand trial. You will need to prove the charges wrong by establishing that there was no offence. This will involve a number of visits to the court on dates and in case you are convicted, you will still end up paying the fine.
S J Mathew
Advocate, Mumbai
1949 Answers
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Hi
 you are charges for a petty offence, which punishment is only fine.you can either pay it after pleading guitly or defend you by going for a trial.

Sec.283. of IPC is ------Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

By getting charged under sec.283 , your career has no problem in future,since you are booked for apetty offence you will have to pay the fine  before the magistrate.The offence under this section is cognizable, bailable and non-compoundable, and is friable by any magistrate.the punishment is only fine of rs.200.

Even if there were many vehicles, yours was picked up , this does not mean that you have not done wrong.
if there was a notification and you breached it , yes it can be an offence .If you feel you have not committed an offence you should defend it to prove your innocence based on the fact that you have not done the act, not that others are not punished.The nature of parking doesn't make it an offence , if the parking was legally restricted and you parked the car , then it defines an offence.

pleading guilty is advisable as  the fine you will have to remit and end the matter there. The trial can be taken if you chose not to plead guilty, then police will have to prove their case.
Thresiamma G. Mathew
Advocate, Mumbai
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Danger or obstruction in public way or line of navigation.--
Whoever, by doing any act, or by omitting to take order with any
property in his possession or under his charge, causes danger,
obstruction or injury to any person in any public way or public line
of navigation, shall be punished, with fine which may extend to two
hundred rupees. 
Plead guilty and pay the fine of Rs.200/- and close the issue, easiest solution. No point in fighting it out in court.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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it is bailable offence rs 200 fine can be imposed. you should approach the Magistrate court and pay fine. no imprisonment if fine is paid. it is an offence relating to "Danger or obstruction in public way or line of navigation"
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
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1. It will be a criminal prosecution. If you are convicted of the offence then it may taint your personal profile forever as a criminal conviction, regardless of the sentence imposed thereunder, does a long term damage to the convict's career.

2. Engage a lawyer to contest the case as prosecution has to prove your guilt beyond a shade of reasonable doubt. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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Ignorance of law cannot be claimed as an excuse.

If your vehicle has been already towed away once earlier from the same spot, you should have been vigilant about it and should have made some alternate arrangement for parking yor vehicle.

Agitating  or becoming furious over it and would talk law for an illegal act will complicate things more instead of arriving at a solution. 

The law says:
IPC 283. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

So better pay the fine and retrieve the vehicle.
This will not affect your career in any way. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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