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What to do when children causing nuisance in night

Shivendra Pratap Singh

Advocate

30/01/2019

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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 playtime 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 a 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 society at large. Therefore is a punishable act under section 290 of the Indian Penal Code.

A 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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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