Traffic Police :Blocking roads for personal/religious use Or By Hawkers Is Crime Under IPC

OBSTRUCTING ROAD IS PUNISHABLE OFFENCE

BLOCKING ROAD. It is totally illegal. As a custom in India, police issues permissions to such violaters. But legally speaking such acts are illegal under section 268, Section 431, Section 339 and Section 341 of Indian Penal Code and any person can file a case/FIR against the offender(s).

The declaration made by Hon'ble Supreme Court in the judgment CHIEF SECRETARY TO GOVERNMENT & OTHERS Vs. KHALID MUNDAPPILLY & OTHERS reported in 2010(3) KLT 757 holding that all public meetings on public roads and road margins as illegal and violative of the fundamental rights of the traveling public conferred under Article 19(1)(d).

For reference:

Section 268 of IPC: 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.

Section 341 in The Indian Penal Code

341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Section 339 in The Indian Penal Code

339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

(Exception) —The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

Section 431 in The Indian Penal Code

431. Mischief by injury to public road, bridge, river or channel.—Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.




BOMBAY POLICE ACT

102. Causing any obstruction in a street. No person shall cause obstruction in any street or public place by allowing any animal or vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose, or by leaving any vehicle standing or fastening any cattle therein. or using any part of a street or public place as a baiting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time or contrary to any regulation made and published by a competent authority by exposing anything for sale setting out anything for sale in or upon any stall, booth, board, casket or in any other way whatsoever.

103. Obstructing a footway. No person shall drive, ride, lead, propel or leave on any footway any animal so that the same can stand across or upon such footway.