Subhamay Das
Asked June 15, 2016

public vandalism

  • 1 Answer
  • 116 Views

Hi,my queries are 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 attack.

Answer 1

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Shreya Mishra

Since Public Vandalism is a cognizable offence(where Police can arrest without warrant), an FIR can

be lodged. However Section 157 of the Criminal Procedure Act which deals with FIR does not make it

obligatory for anyone to file an FIR. Anyone who has witnessed the crime and can file an FIR, even

the Police can do it on their own. Secondly, under Prevention of Damage to Public Property Act,1984

acts of public vandalism are punished with a term extending to 5 years or fine. Therefore one can file

a report under this Act however it is not often used. If there is political pressure of any kind and the

controlling officer refuses to file an FIR, the employee can do. The Police cannot refuse. If the police

refuses because of political pressure, the employee can send a written complaint to the

Superintendent of Police. 1 Further refusing to register FIRs can land the cop in jail for a year. 2

The Supreme Court has held that for acts of vandalism, the ones who have damaged will have to

provide compensation. 3 Therefore the employee can effectively claim compensation if the Police is

able to find out about the offenders. The Government(or the employer) can only provide

compensation if any injury is caused to the employee in the course of employment and has caused a

partial or total disablement for a period extending three days(Employees Compensation Act).

However the Act does not mention if getting hurt by public vandalism will be included as course of

employment or not. Therefore compensation can be claimed from the offenders.

 

1 http://www.ourlaw.in/2015/06/what-to- do-police- refuses-to- register-FIR.html

2 http://timesofindia.indiatimes.com/india/Refusing-to- file-FIR- may-land- cop-in- jail-for- a-

year/articleshow/20514798.cms

3 http://www.abplive.in/india-news/supreme- court-takes- you-burn- you-pay- stand-on- arson-and- vandalism-

during-political- protests-274743

Agree Comment 0 Agrees about 1 year ago

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