Question 1

What does public nuisance mean?

Accepted Answer

What does public nuisance mean?

A public nuisance is an act or unlawful refraining from doing an act—

•which causes to the public or to the general public or to persons living in the vicinity or occupying property in the vicinity — any general injury, danger or nuisance; or

•Which necessarily causes injury, obstruction, danger or annoyance to persons having the opportunity to exercise public rights.

A person who does any of the above acts shall be guilty of public nuisance, as public nuisance is a punishable offence.

Question 2

What are the punishable offences of public nuisance?

Accepted Answer

• Making any obscene noise, gesture or remark or exhibiting any object intended to dishonour, insult or disturb the modesty of a woman or trespassing in the privacy of that woman. [Punishment with imprisonment for 1 year or fine, or both.]

•Committing any obscene act in any public place or causing public annoyance by singing, reciting or uttering any obscene. [Punishment 3 months imprisonment or fine]

•Willingly or unlawfully or negligently or knowingly doing any act which is dangerous to the life of any person or which may spread the infection of any disease. [May be punished with imprisonment up to 6 months or with fine or with both.]

• Causing bodily harm or unpleasant noise or noise to the public in carrying on lawful business.

• Urinating in places used by the public / building houses on road sections/ slaughtering animals on roads / turning houses into dens of gamblers. [Punishment 6 months imprisonment or fine]

•Behaving indecently or disorderly in society. (Punishment with imprisonment for 3 months or fine of Rs. 500 or both)

• Behaving indecently with neighbours or harassing them. [Moving court can jail up to 2 years if the charge is proved.]

•Littering or spitting in the house which lands on the neighbour or causes difficulty in movement. [A minimum fine of 100 to 3000 taka and imprisonment may also be imposed.]

•Washing and bathing on the street or in any public place. [Can be fined from minimum 100 to 3000 taka and can also be jailed.]

• Misbehaving or harassing neighbours. [If the charge is proved, the travelling court can jail up to 2 years.]

• Entering a neighbour's house from time to time without permission. [A minimum fine of 100 to 3000 taka and imprisonment may also be imposed.]

•Leaving any domestic animal on the road or placing any poster or advertisement on the building of a neighbour's house. [The fine can range from a minimum of 100 to 3000 taka and may also involve imprisonment.]

Question 3

If you are a victim of public nuisance, what should you do?

Accepted Answer

Depending on the type of 'public nuisance' you are/have been subjected to, you can seek remedies as follows—

• In case of vehicular public nuisance: If a person drives any vehicle in such a manner that human life is endangered or there is a possibility of causing damage or injury to any person, then the Metropolitan Magistrate/Magistrate can file a case against that person in the Court of Magistrate.

•In case of public nuisance due to environment: If any person does any work which harms the environment and public health, a complaint can be lodged with the police station / magistrate.

• In case of public nuisance caused by noise pollution: If any person causes public nuisance by noise pollution, report against that person to the nearest police as it is the duty of every police officer to prevent such public nuisance as per section 15(c) of Dhaka Metropolitan Police Ordinance 1976.

• In case of public nuisance caused by inflammable or explosive substance: Any person negligently uses any inflammable or explosive substance in such a way as to endanger.
 human life or cause damage, then a case can be filed against that person in the Metropolitan Magistrate/Magistrate Court.

According to law, any aggrieved or aggrieved neighbour can seek a written remedy from the police. Apart from this, you can also file a case for compensation under the Tort Act.

KANOON JANUN

Muslim Family Law

What is meant by stipulation in a Muslim Marriage?

What is the purpose of inserting stipulations in a Marriage Deed?

Where can the stipulation be inserted in the Marriage Deed?

Can both parties add stipulations in marriage?

Can anything be inserted as stipulation in marriage contract?

What is the common stipulation accepted by all madhabs?

How many types of marriage stipulations are there, depending on the content terms?

What are the types of marriage stipulations that are based on legal validity?

What is the meaning of valid stipulation?

What will be considered as void stipulation?

What effect does an invalid stipulation have on a marriage?

How can a wife insert stipulation regarding dower?

Can parties of marriage put stipulations regarding the matrimonial property regime?

What is meant by marital property regime?

Can a wife insert stipulation regarding polygamy of the husband?

What are some of the common examples of stipulations or terms that can be inserted in a marriage contract?

Public Nuisance

What does public nuisance mean?

What are the punishable offences of public nuisance?

If you are a victim of public nuisance, what should you do?