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Smoking inside own house and IPC 268/278
08-Dec-2023 (In Criminal Law)
I live in an apt with 75 flats. If a resident smokes inside his flat (bathroom/private balcony which is part of his flat) and the smoke can be smelled in the neighboring flat, can it be construed as 'Public Nuisance' under IPC 268/278?
If that resident is asked not to smoke inside his flat, will it not be a violation of his personal freedom and right?
All have their personal freedom equally and it's a fundamental right. But as far as smoking in a private space is concerned, as long as the smoke is contained within the private space then there won't be any issue. But smoke travels in the air and enters into the private space of neighbours who also have their personal freedom. And that's nuisance.
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Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
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