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Can an employee file FIR against public vandalism in an office


13-Jun-2023 (In Labour & Service Law)
In case of public vandalism in an office 1. Is it obligatory for a controlling officer of a govt office(state electricity office) to lodge an FIR if any of its employee get physically assaulted by the public at the line of duty? 2. What action should be taken if the controlling officer deny to lodge FIR due to political or some other influence 3.if the employee lodges an FIR himself, then is it binding for the concern department to provide legal assistance? 4. Is there any provision to claim compensation from the govt in case of physical injury caused by the mob attac
Answers (1)

Answer #1
519 votes
What Constitutes Vandalism?

Vandalism is a broad category crime that is used to describe a variety of behaviors. Generally, vandalism includes any willful behavior aimed at destroying, altering, or defacing property belonging to another.

Common behaviors that may lead to a vandalism charge include:

Spray painting another's property with the purpose of defacing;
"Egging" someone's car or window;
Keying (or scratching) paint off of someone's car;
Breaking someone's windows;
Defacing public property with graffiti and other forms of "art";
Slashing someone's tires;
Defacing park benches; and
Altering or knocking down street signs;
Kicking and damaging someone's property with your hands or feet; and several other behaviors.
In addition, a person who possesses the means to commit vandalism, including possession of a drill bit, glass cutter, or other substance, may also face vandalism charges under certain circumstances (for example, a person under eighteen who carries a can of spray paint at a park or on school grounds).

Vandalism Laws

Vandalism is covered by state statutes, and varies by state. Some states refer to vandalism as "criminal damage", "malicious trespass", "malicious mischief", or other terms. In an effort to control the impact of vandalism, many states have specific laws that may decrease certain forms of vandalism. For example, some states have local "aerosol container laws" that limit the purchase of spray paint containers or other "vandalism tools" which could be used for graffiti or vandalism purposes.

In addition, some states have laws that prohibit vandalism to certain types of property, such as autos, churches, school property, and government facilities.

Moreover, some states have laws that prohibit specific acts of vandalism, such as breaking windows, graffiti, and using man-made substances to destroy property.

Penalties and Punishment

Depending on the specific state and value of the property damage, vandalism is either a misdemeanor or felony offense. Penalties typically include fines, imprisonment in county jail, or both. In addition, a person convicted of vandalism is frequently ordered to wash, repair or replace the damaged property (known as "restitution"), and/or participate in programs to clean up graffiti and other forms of vandalism. Moreover, a parent of a minor child may be ordered to pay fines resulting from their child's vandal behavior under a "parental liability" theory.

Related Offenses

Vandalism, on its own, is often considered a non-violent crime that generally affects ones "quality of life", but may escalate to more serious crimes typically involving juveniles including theft/larceny, burglary, drug possession, disturbing the peace, and other random acts of violence.

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