Public Order Act, 1936 - Definition - Law Dictionary Home Dictionary Definition public-order-act-1936

Definition :

Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.

S. 1.-Prohibition of uniform in connection with political objects.

S. 2.-Prohibition of quasi-military organizations.

S. 3.-Confers powers for the preservation of public order on the occasion of processions.

S. 4.-Prohibition of offensive weapons at public meetings and processions.

S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.

S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.

S. 7.-Enforcement.

S. 8.-Application to Scotland.

S. 9.-Interpretation.

S. 10.-Short title and extent.

A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment or a fine up to 100l. or both; and on conviction on indictment to a maximum of 2 years or 500l. or both.

For any other offence, on summary conviction, imprisonment up to 3 months or a fine upto 50l. or both.

Public parks. See PARK, and also 22 Vict. c. 27, and 34 & 35 Vict. c. 13. See also OPEN SPACES; PLEASURE GROUNDS.

Public place, denotes it is not necessary that the place should be public property, but if it is private property if must be proved that not only public could have access to it but it is one to which members of public in fact have resort, State of Kerala v. Cherian Secarich, AIR 1967 Ker 106: (1967) ILR 1 Ker 24: (1966) LT 780: (1966) Mad LJ (Cr) 768: (1967) Cr LJ 634.

Includes any open space situate adjacent to or abutting on a public street, and not separated therefrom by a boundary wall. The test is whether members of the public have, as a matter of fact, a free access to it. If they do reach the place without let or hindrance, it is a 'public place', but if the entry is regulated by permission or is otherwise restricted, it is not a 'public place'. In the former case, it is immaterial that members of the public, have no legal right to claim access to that place. If a member of the public even in the absence of a legal right, can actually find access to the said place, the place become a public place, Chuttan v. State, (1954) All LJ 457.

Includes any place or stand at which passengers are picked up or set down by a stage carriage. This would mean that any place where a stage carriage plies for the purpose of picking up and setting down passengers would be a public place, Prakesh Chemicals Pvt. Ltd. v. Krishna Singh Sata Singh, AIR 1993 Guj 121: (1993) 1 Civ LJ 977: (1993) 1 TAC 438: (1993) 1 Guj LH 149: (1993) ACJ 218: (1993) 2 ACC 160.

Public place, is one to which public must have right of access. Mere fact that public have access is not enough. Insurance company is liable for accident which occurs at a place which is not public place, Rajammal v. Associated Transport Co., (1969) 2 Mad LJ 620: (1969) 82 Mad LW 573: (1970) ACJ 44.

Public place, is one where people go, no matter whether they have a right to go or not. The right is not the question. Many shows are exhibited to the public on private property, yet they are frequented by the public, the public go there, Kannammal v. A.S. Kasim, (1989) 1 LR 90; R v. Wallard, 14 QBD 63.

Public place, is whether it is open to the members or the public or not even though there may be certain conditions attached to the entry or the use thereof, State v. Dohana Jamnadas, AIR 1961 Guj 182.

Means a place to which persons are in the habit of resorting, though without any legal title, but without any hindrance or interference is a public place for purpose of the offence of public nuisance, R v. Wallard, 14 QBD 63.

Means a road, street way, or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage. [See Motor Vehicles Act, 1988, s. 2(34)]. To constitute a public place, the place need not be a motorable road or a public road. It could be a 'street' or 'way' or 'other place'. It does not matter whether the place is a thoroughfare or not. The condition which is necessary to constitute is 'public place' is that the public must have a right of access, District Insurance Officer, Kozhikode v. M.K. Moosakutty, AIR 2007 Ker 168; Hira Bai v. Pratap Singh, AIR 2007 MP 134.

Public place, means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (34)]

Means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not. [Cantonments Act, 1924 (2 of 1924), s. 2 (xxxi)]

Public place shall have the meaning assigned to it

in the Immoral Traffic (Prevention) Act, 1956. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (t)]

Means any place intended for use by, or accessible to the public and includes any public conveyance. It is not necessary that it must be public property. Even if it is a private property, it is sufficient that the place is accessible to the public. It must be a place to which the public, in fact, resorts or frequents, Gaurav Jain v. Union of India, (1997) 8 SCC 114 (128): AIR 1997 SC 3021.

Means any place intended for use by, or accessible to, the public and includes any public conveyance. [Immoral Traffic (Prevention) Act, 1956 (104 of 1956), s. 2 (h)]

A public place would seem to include a place to which the public are accustomed to resort without being interfered with, though there is no legal right to do so; see per Lord Coleridge, C.J., in R. v. Wellard, (1884) 14 QBD 66. But for criminal purposes the attribute public' will apply to many other places, e.g., the roof of a private house within the view of many persons, R. v. Thallman, (1863) 33 LJMC 58; and a railway carriage at the time it is used for the purposes of travel is an 'open and public place', Langrish v. Archer, (1882) 10 QBD 44.

As to the meaning of 'public place' in connection with the offence of betting, see the (English) Street Betting Act, 1908.

Public place means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railways waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, liabraries, public conveyances and the like which are visited by general public but does not include any open space. [Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (32 of 2003), s. 2(l)]

Means any place which the public have access, whether as of right or not, and includes-

(i) a public building and monument and precincts thereof; and

(ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation. [Delhi Police Act, 1978 (34 of 1978) s. 2(o)]

Means a road, street, way or other place; whether a thoroughfare or not to which the public have a right of access and includes any place or stand at which passengers are picked up or set down by a stage carriage, Kannammal v. A.S. Kasim, (1989) 1 LR 90.

Means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space, The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003, s. 2(l).

Means in order to constitute a public place it is not necessary that the place should be a public property. Even a private property to which the public have 'access' or to which members of the public would resort constitutes a 'public place', State of Kerala v. Cherian Secariah, 1967 Ker 104.

Public place, must be a place to which members or the public have a legal right of access, on the other hand, it is equally plausible to say that a place where the public are permitted to go and habitually go, is also a public place, where there is public ownership there is a right vested in the public to have access of course, this does not mean that there is an unlimited right. Such access may be conditional upon payment and subject to reasonable restrictions. For example the zoological gardens are a public place but there is no restricted entry to it, Sarat Chandra Ghatak v. Corporation of Calcutta, (1959) ILR Cal 3; Corporation of Calcutta v. Sarat Chandra, (1959) ILR Cal 704.

Public place, must be a place which is either open to the public or is used by the public and publicity of its situation is not a necessary element of the offence any more than public ownership, Munshi v. State, AIR 1954 All 356: (1953) All LJ 714: (1954) All WR (HC) 32: (1954) Cr LJ 765.