what to do when children causing nuisance in night
I am living in an apartment with my family. I am disturbed by kids making loud noises when they play in the corridor of the apartment. There is no play time for them, and they play till 10 pm sometimes. There is a play area in our apartment which has ample space for kids to play. However, some parents refuse to send the kids to play zone and make them play in the corridor. We have spoken the respective parents also, but they insist on playing in the passage. Could you please advise me if I can take any action by law.
Well, they are causing a nuisance by making noise in public area in late night. Nuisance or annoyance is of two kinds: the public nuisance and private nuisance. The public nuisance is an offence because it affects the society at large. Therefore is a punishable act under section 290 of the Indian Penal Code.
Private nuisance is a civil wrong. Private nuisance affects some individuals as distinguished from the public at large and requires special damage to be actionable. Therefore, you have the option to initiate a civil proceeding for compensation and prevention of their actions.
The private nuisance does not constitute a crime because section 95 of the Indian Penal Code primarily prevents to initiate the criminal prosecution in respect of trivial matters.
You can avoid those acts by scolding them, but you said that their parents allowed them to play in the corridor. In this situation, you may send their parents a legal notice to immediately stop that activity.
If they still allow them to play in the corridor file a civil suit for permanent injunction and compensation for mental agony. It is the responsibility of every member of the society not to disturb in the peace and enjoyment of others. If they do so, they shall be liable to compensate.
Ask A Question
You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
Talk to Advocate
Talk to advocate on phone for 30 minutes and get solid legal advice
To view this protected post, enter the password below:
Section 340 in The Code of Criminal Procedure, 1973 Procedure in cases mentioned in section 195. (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be...
Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.
Section 154 CrPC: Information in cognizable cases (FIR) (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over...
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes
Join Our Newsletter
Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts