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This is an archive article published on November 21, 2015

Now defacement to invite one year in jail

A communication regarding this was received from the Ministry of Home Affairs and a copy sent to the Chandigarh Deputy Commissioner and the Municipal Corporation.

DEFACING PUBLIC property in Chandigarh will now invite one-year imprisonment or a fine of Rs 50,000 or both as the Chandigarh Administration is all set to adopt the Delhi Prevention of Defacement of Property Act, 2007.

A communication regarding this was received from the Ministry of Home Affairs and a copy sent to the Chandigarh Deputy Commissioner and the Municipal Corporation.

Till now the offence was dealt with under the West Bengal of Prevention of Defacement of Property Act, 1976, wherein defacing the public property was punishable by an imprisonment that may extend to six months or a fine of Rs 1,000 or both.

To act tough on those who deface public property, a communication was sent by the Chandigarh Administration seeking a change in the law to the MHA on June 16, 2014.

The approval was received this month. Sources said that the step was initiated as the existing punishment was found to be insufficient to deal with violators.

The Government of India has extended the West Bengal Prevention of Defacement of Property Act, 1976 to the Union Territory of Chandigarh to take appropriate action against the violators vide the notification issued in 1985.

The fresh order states, “An offence punishable under this Act shall be cognisable. The penalties will be without prejudice to the provisions of Section 425 and Section 434 of Indian Penal Code, 1860, and the provisions of relevant municipal acts.”

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Under this new Act, defacement includes impairing or interfering with appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsoever and the word deface shall be construed accordingly. Property includes any building, hut, structure, wall, fence, post and pole, and writing includes painting.

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