Prevention of Damages to Public Property Act, 1984
(1) This Act may be called the Prevention of Damage to Public Property Act, 1984.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 28th day of January, 1984.
In this Act, unless the context otherwise requires,-
(a) "mischief" shall have the same meaning as in section 425 of the Indian Penal Code (45 of 1860);
(b) "public property" means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of-
(i) the Central Government ; or
(ii) any State Government ; or
(iii) any local authority ; or
(iv) any corporation established by, or under, a Central, Provincial or State Act; or
(v) any company as defined in section 617 of the Companies Act, 1956 (of 1956); or
(vi) any institution, concern or undertaking which the Central Government may, by notification in the offical Gazette, specify in this behalf:
Provided that the Central Government shall not specify any institution, concern or undertaking under this sub-clause unless such institution, concern or undertaking is f
Whoever commits an offence under sub-section (1) or sub-section of (2) section 3 by fire or explosive substance shall be punished with rigorous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with fine:
Provided that the Court may, for special reasons to be recorded in its judgement, award a sentence of imprisonment for a term of less than one year.
No person accused or convicted of an offence punishable under section 3 or section 4 shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release.
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force, and nothing contained in this Act shall exempt any person from any proceeding (whether by way of investigation or otherwise) which might, apart from this Act, be instituted or taken against him.
(1) The Prevention of Damage to Public Property Ordinance 1984, (8 of 1984) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
(1) Whoever commits mischief by doing any act in respect of public property other than public property of the nature referred to in sub-section (2), shall be punished with imprisonment for a term which may extend to five years and with fine.
(2) Whoever commits mischief by doing any act in respect of any public property being-
(a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy;
(b) any oil installations;
(c) any sewage works;
(d) any mine or factory;
(e) any means of public transporation or of telecommunications, or any building, installation or other property used in connection therewith,
shall be punished with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine:
Provided that the Court may, for reasons to be recorded in its judgement, awar
The Prevention of Damages to Public Property Act, 1984 (hereinafter "the Act") is a special legislation enacted to prevent and penalize acts of mischief and damage to public property, ensuring the protection of assets belonging to the State, local authorities, and other public institutions. Section 3 of the Act defines the substantive offence and prescribes the punishment for acts of mischief causing damage to public property.
Section 3 of the Act criminalizes acts of mischief that result in damage to public property. It stipulates:- Whoever commits mischief by doing any act in respect of any public property, other than property specified in sub-section (2), shall be punished with imprisonment which may extend to five years and with fine.- Sub-section (2) specifically enumerates types of public property, including buildings, installations, or other property used in connection with water, light, power, energy, oil installations, sewage works, mines, factories, and means of public transportation or telecommunications.- When the mischief is committed by fire or explosive substances, the punishment is similarly imprisonment which may extend to five years and fine, with a minimum of six months unless the court records reasons for a lesser sentence.
The essential ingredients of the offence under Section 3 are:- An act of mischief (doing any act of damage or destruction)- In respect of public property (as defined in the sub-section)- The act must be intentional or at least with knowledge that it would cause damage- The damage must be to property belonging to or under the control of the government or other public authorities- The act must be of such a nature that it causes or is likely to cause damage to public assets
Section 3 of the Prevention of Damages to Public Property Act, 1984, is a stringent legal provision aimed at safeguarding public assets from acts of mischief, vandalism, and arson. Its broad scope covers acts involving fire, explosives, and vandalism, with severe penalties including imprisonment and fines. Proper investigation, evidence, and judicial discretion are crucial in ensuring that the provisions are not misused, while also emphasizing the importance of protecting public property for societal well-being.
Note: The references correspond to the provided sources, summarized in brackets as per your instructions.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
