Law Commission Proposes Reforms on Prevention of Damage to Public Property

• 05 Feb 2024

On 2^nd February, 2024, the 22nd Law Commission of India presented its findings, encapsulated in Report No. 284, titled "Revisiting the Law on Prevention of Damage to Public Property," to the Government of India.

• The report addresses the persistent issue of destruction of public property, causing significant financial losses to the public exchequer and inconveniences to the general public.

Key Points

• Background and Motivation: The destruction of public property has continued undiminished causing gargantuan losses to the public exchequer and inconvenience to the general public.
• Bearing in mind the gravity of the issue and the loss being borne by the state exchequer, the 22nd Law Commission suo motu undertook to prepare this Report.
• The destruction has been a continuous challenge, prompting the commission to conduct an extensive study.
• The study encompassed an analysis of constitutional and statutory provisions, judicial decisions nationwide, and incidents involving substantial damage to public property.
• Recommendations for Legal Amendments: After thorough deliberations, the Law Commission recommends amendments to the Prevention of Damage to Public Property Act, 1984.
• These proposed changes aim to address the gravity of the issue and provide more effective legal mechanisms for preventing and penalizing damage to public assets.
• Call for a Separate Law: In addition to amendments to the existing Act, the Commission suggests considering the enactment of a separate law or necessary amendments to the Bharatiya Nyaya Sanhita or the Indian Penal Code.
• This proposal specifically targets the prolonged and willful obstruction of public property, emphasizing the need for a dedicated legal framework to address such situations