Legal provisions regarding Danger or obstruction in public way or line of navigation under section 283 of Indian Penal Code, 1860.
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?”
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ADVERTISEMENTS:
Section 283 refers to parties who do acts so as to cause danger, obstruction or injury to any person in a public line of navigation.
The offence punishable under Section 283 is the nuisance of causing obstruction etc., in a public way or navigable river or canal.
Where the privilege of a right of way is enjoyed only by a particular section of the community or by the inhabitants of two or three villages and not by others, the way is not a public way within the meaning of Section 283.
ADVERTISEMENTS:
It is not necessary to prove that any specific individual was actually obstructed. Where the evidence showed that an obstruction placed on a road must necessarily prevent vehicles from passing at all and foot passengers from passing without inconvenience it was held that offence under Section 283 was committed.
The offence under Section 283 is cognizable, and summons should ordinarily issue in the first instance. It is bailable but not compoundable, and is triable by any Magistrate summarily.