The Prevention of Damage to Public Property Act, 1984

(1) This Act may be called the Prevention ofDamage to Public Property Act, 1984. (2) It extends to the whole of India 1***. (3) It shall be deemed to have come into force on the 28th day of January, 1984.

In this Act, unless the context otherwise requires, (a) "mischief" shall have the same meaning as in section 425 of the Indian PenalCode (45 of 1860); (b) "public property" means any property, whether immovable or movable (including anymachinery) which is owned by, or in the possession of, or under the control 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 617 of the Companies Act, 1956 (1 of 1956); or (vi) any institution, concern or undertaking which the Central Government may, bynotification in the Official Gazette, specify in this behalf: Provided that the Central Government shall not specify any institution, concern orundertaking under this sub-clause unless such institution, concern or undertaking is financedwholly or substantially by funds provided directly or indirectly by the Central Government orby one or more State Governments, or partly by the Central Government and partly by one ormore State Governments.

(1) Whoever commits mischief by doing anyact 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 public 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 tele-communications, or any building, installationor other property used in connection therewith, shall be punished with rigorous imprisonment for a term which shall not be less than six months, butwhich may extend to five years and with fine: Provided that the court may, for reasons to be recorded in its judgment, award a sentence ofimprisonment for a term of less than six months.

Whoevercommits an offence under sub-section (1) or sub-section (2) of section 3 by fire or explosivesubstance shall be punished with rigrous imprisonment for a term which shall not be less than oneyear, but which may extend to ten years and with fine: Provided that the court may, for special reasons to be recorded in its judgment, award a sentenceof imprisonment for a term of less than one year.

No person accused or convicted of an offence punishableunder section 3 or section 4 shall, if in custody, be released on bail or on his own bond unless theprosecution has been given an opportunity to oppose the application for such release.