We have been watching with dismay the political parties in rank contravention of all merrily defacing property by painting on walls across Goa while the authorities conveniently look the other way clearly abdicating their responsibility of enforcing the law.
All these paintings on the walls are an offence under the Goa Prevention of Defacement of Property Act, 1988.Section 3 of this Act provides:“Whoever defaces any property in public view by defacing or spitting or urinating or pasting pamphlets, posters or writing or marking with ink, chalk, paint or any other material or method except for the purpose of indicating the name and address of the owner or occupier of such property, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.”
Property has been defined in Section 2 (f) as under:’property’ includes any building, hut, monument, statue, water pipe line, public road, structure, wall including compound wall, tree, fence, post, pole or any other erection. This means that any property whether public or private is included and covered by this Act. It is obvious that all those painting on the walls would be clearly guilty of violating the Law.
Under Section 6 of this Act, the offence is cognizable and therefore, the Police are duty bound to register the FIR.Since the offence is cognizable, the Police need to register the offence, arrest the accused persons and prosecute them. Police cannot refrain from discharging their duty in accordance with law.
