The Law Commission of India has recommended amendments to the Prevention of Damage to Public Property Act, 1984 in its report titled “Revisiting The Law On Prevention of Damage to Public Property” to the Government of India.
The destruction of public property has continued undiminished causing gargantuan losses to the public exchequer and inconvenience to the general public. Bearing in mind the gravity of the issue and the loss being borne by the state exchequer, the 22nd Law Commission suo motu undertook to prepare this report. In pursuance of the same, the Commission undertook an extensive study of the subject, analyzing the various relevant constitutional and statutory provisions, the numerous judicial pronouncements by the courts across the country, and the incidents involving large scale destruction of public property.
Having had in-depth deliberations on the same, the Commission has recommended amendments in the Prevention of Damage to Public Property Act, 1984. The Commission also recommends that to tackle the issue of prolonged willful obstruction of public property, a separate law dealing with the same may be enacted or necessary amendments be made in the Bharatiya Nyaya Sanhita or the Indian Penal Code to this effect.