SEC 133 CrPC ||Public Nuisance|| Section 188 IPC.

Section 133 CrPC deals with Conditional Order for Removal of Nuisance.

According to Section 12 of the Indian Penal Code, the word “public” includes any class of the public or community; but that class must be numerically sufficient to be designated “the public”. Therefore, if a particular individual or his family is only affected by the nuisance, such nuisance cannot be considered to be a public nuisance and hence its removal from any public place cannot be ordered under Section 133. It has been held that a place in order to be public must be open to the public, i. e., a place to which the public have access by right, permission, usage or otherwise.

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