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Drunkard parks his car in front of my house and abuses me. what to do?


10-Jul-2023 (In Criminal Law)

One guy has a shop near to my house and he daily parks his car in front of my house. He daily drinks with his friends in his shop and when I told him do not park car front of my house he used abusive language. He also said that he will park his car in front of my house in future also and I can tell to the police. I have called the police many times but police does not take action againsr him.

 

What should I do?

 

Answers (1)

Answer #1
264 votes

Firstly, if the person is drinking inside his shop then it does not constitute an offence. Nor parking in front of your house constitute an offence. However, if he is drinking on the road in front of your house then it amounts to public nuisance under Section 268 of Indian Penal Code. Section 268 is reproduced here under:

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.

We suggest you to take some photographs as proof about all these activities and  make a complaint by taking the general public that is your other neighbors signature to your nearest police station.

Further, abusing or using filthy language to annoy someone can be an offence under Section 294 of Indian Penal Code, even if it does not take place in a public place. Section 294 is reproduced here under:

294. Obscene acts and songs.—Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.].

Hence, you can file a police complaint under the aforesaid section.

Kindly contact us for any further details and action.

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