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Contents PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 PAGE
Short title, extent and commencement Definitions Mischief causing damage to public property Mischief causing damage to public property by fire or explosive substance 5. Special provisions regarding bail 6. Saving 7. Repeal and saving SUBJECT INDEX 1. 2. 3. 4.
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DELHI PREVENTION OF DEFACEMENT OF PROPERTY ACT, 2007 1. Short title, extent and commencement 2. Definitions 3. Penalty for defacement of property 4. Composition of offences 5. Offence to be cognizable 6. Power of the Lieutenant Governor of erase writing, etc. 7. Act to override other Laws 8. Repeal and Savings SUBJECT INDEX I-5
11 11 12 13 13 13 13 14 15
Prevention of Damage to Public Property Act, 1984 [3 OF 19841] An Act to provide for prevention of damage to public property and for matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— Short title, extent and commencement. 1. (1) This Act may be called the Prevention of Damage to public Property Act, 1984. (2) It extends to the whole of India 2[***]. (3) It shall be deemed to have come into force on the 28th day of January 1984. Definitions. 2. In this Act, unless the context otherwise requires,— (a) “mischief” shall have the same meaning as in section 4253 of the Indian Penal Code (45 of 1860); (b) “public property” means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the conduct of— (i) the Central Government; or (ii) any State Government; or (iii) any local authority; or (iv) any corporation established by, or under, a Central, Provincial or State Act; or (v) any company as defined in section 6174 of the Companies Act,1956 (1 of 1956); or 1. Dated 16-3-1984. 2. Word “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. 3. Vide S.O. 2790(E), dated 16-7-2024, now read as section 324(1) of the Bharatiya Nyaya Sanhita, 2023. 4. Now see section 2(45) of the Companies Act, 2013.
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PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984
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(vi) any institution, concern or undertaking which the Central Government may, be notification in the Official Gazette, specify in this behalf: Provided that the Central Government shall not specify any institution, concern or undertaking under this sub-clause unless such institution, concern or undertaking is financed wholly or substantially by finds provided directly or indirectly by the Central Government or by one or more State Government, or party by the Central Government and partly by one or more State Governments. Mischief causing damage to public property. 3. (1) Whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in sub-section (2), shall be punished with imprisonment for a term which may extend to five years and with fine. (2) Whoever commits mischief by doing any act in respect of any property being— (a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy; (b) any oil installations; (c) any sewage works; (d) any mine or factory; (e) any means of public transportation or of telecommunications, or any building installation or other property in connection therewith, shall be punishable with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine: Provided that the court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months. COMMENTS SECTION NOTES
3.1 Mischief “Mischief” shall have the same meaning as in section 425 of the Indian Penal Code
(45 of 1860) [Section 2(a)] The Bharatiya Nyaya Sanhita, 2023 (BNS) has repealed and replaced the Indian Penal
Code, 1860 (IPC) effective 01.07.2024. Therefore, in view of section 8 of the General Clauses Act, 1897, reference to section 425 of IPC is to be read as a reference to section 324(1) of BNS With effect from 01.07.2024, “mischief” shall have the same meaning as in section
324(1) of BNS. 3.2 Public Property “Public property” means any property, whether immovable or movable (including any machinery), which is owned by, or in the possession of, or under the conduct of— (i) the Central Government; or
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(ii) any State Government; or (iii) any local authority; or (iv) any corporation established by, or under, a Central, Provincial or State Act; or (v) any company as defined in section 617 of the Companies Act,1956 (i.e. “Government Company” as defined in section 617 of Companies Act,1956/as defined in section 2(45) of the Companies Act, 2013 ; or (vi) any institution, concern or undertaking which is financed wholly or substantially by finds provided directly or indirectly by the Central Government or by one or more State Governments, or partly by the Central Government and partly by one or more State Governments and which the Central Government may, by notification in the Official Gazette, specify in this behalf3.3 Punishment for committing mischief in respect of specified public property Whoever commits mischief by doing any act in respect of any specified public property,
he shall be punishable with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine: [Section 3(2)] The court may, for reasons to be recorded in its judgment, award a sentence of
imprisonment for a term of less than six months. [Proviso to section 3(2)] The following public property is specified public property:
(a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy; (b) any oil installations; (c) any sewage works; (d) any mine or factory; (e) any means of public transportation or of telecommunications, or any building installation or other property in connection therewith If the offence of mischief in respect of any specified public property as above is com-
mitted by fire or explosive substance, the offender shall be punished with rigorous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with fine [See Section 4] The court may, for special reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than one year. 3.4 Punishment for committing mischief in respect of public property other than specified public property Whoever commits mischief by doing any act in respect of any public property other
than specified public property, he shall be punishable with rigorous imprisonment for a term which may extend to five years and with fine: [Section 3(1)] If the offence of mischief as above is committed by fire or explosive substance, the
offender shall be punished with rigorous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with a fine [See Section 4] The court may, for special reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than one year. 3.5 Bailability of Offence No person accused or convicted of an offence punishable under section 3 or section 4
shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release. [Section 5]
Prevention of Damage to Public Property Act 1984 – Bare Act with Section Notes AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : No. of Pages : BINDING TYPE :
Taxmann’s Editorial Board Taxmann December 2025 2026 Edition 9789371261906 24 Paperback
Rs. 75 DESCRIPTION Prevention of Damage to Public Property Act 1984 [Bare Act with Section Notes] by Taxmann is a concise legal reference to clarify the statutory framework for protecting public property in India. Presented in a ‘bare act’ format, it includes insightful section notes, recent case law references, and supplementary materials, such as the Delhi Prevention of Defacement of Property Act 2007, offering comprehensive coverage of penalties, procedures, and enforcement for offences involving damage to public property. This book is intended for the following audience: • Practising Advocates & Litigators • Judicial Aspirants & Government Officials • Law Libraries & Research Institutions • NGOs & Compliance Officers • Law Students & Academics The Present Publication is the 2026 Edition, covering the amended and updated text of the Prevention of Damage to Public Property Act [Act No. 3 of 1984], with the following noteworthy features: • [Authentic Bare Act Text] Presents the core Act in its original wording • [Recent Amendments] Includes references to the Bharatiya Nyaya Sanhita 2023, superseding parts of the IPC • [Pre-amendment Provisions] Contains older provisions in amendment footnotes for clarity on previous legal positions • [Section Notes] Brief, practical insights on each section’s scope and definitions • [Incorporation of the Delhi Prevention of Defacement of Property Act 2007] Integrates relevant local legislation for the National Capital Territory of Delhi • [Updated Case Law References] Highlights key judgments for a thorough legal perspective • [User-friendly Format] Bold headings, quick reference tabs, and a subject index for efficient navigation
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