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Parking before my shop and Blocking the Entrance


04-Nov-2023 (In Criminal Law)
Society people are parking and Blocking the entrance of my Shop. The place before my shop is a Public place. Can IPC 339 applicable here ?
Answers (2)

Answer #1
845 votes
They cannot block the entrance of your shop. It is an attack on your fundamental right, i.e, Right to do Business which is Right to live & Survive under Article 21 of the Indian Constitution. Apart from that you can book them uder Sec 339 of IPC for obstructing way of your clients or yourself from proceeding in a particular direction through exercising Wrongful Restraint by parking vehicles to block access to your shop.

Answer #2
874 votes
If you cannot walk through the place and it's impossible to reach the shop where you have a right to go, the offence of wrongful restraint can be registered.
But, if with a little difficulty, people can come and go, the public path being blocked, you may complain to the police who can book the offender u/s 283 IPC.

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Comments by Users

Prejith
Section 283 effect in passport?

Reply by LawRato
The offence under Section 283 IPC is punishable with a fine which may extend to INR 200/-. 
Convictions for minor offences, such as traffic violations or non-serious misdemeanours, generally may not have a significant impact on passport approval. As per Section 6 of the Passports Act, 1967 the passport authorities may refuse to issue a passport or travel document to an applicant who has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years.
However, it is important to note that repeated or serious offences, even if minor in nature, could potentially raise concerns for the passport authorities. It is advisable to disclose any past convictions truthfully in your passport application and provide any relevant supporting documentation if required. The passport authorities will consider all the information provided and make a decision based on their assessment of the applicant's character and circumstances.

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