New Delhi: Holding that defacement implies
only writing or marking on a wall with ink, chalk, paint and
other material, a Delhi court has let off four persons accused
of defacing public property by pasting posters.
The court held that a person cannot be tried on charges
of defacing public property under West Bengal Prevention of
Defacement of Property Act for sticking posters on walls as
the same did not fall within the ambit of `defacement` under
It said the term defacement in the Act referred only to
such defacements for the purpose of prosecution as is done by
writing or marking with ink, chalk, paint or other materials.
The order was passed by Additional Sessions Judge Mahesh
Chander on an appeal by Deepak, Sunny, Amit and Ajay, all
residents of a north Delhi village, against the order of the
magisterial court, which had ordered framing of notice against
All of them were found pasting posters of an educational
institute, preparing students for various competitive exams,
on December 12, 2008 night at Bawana Chowk in north Delhi.
The magisterial court had held "in this case, the writing
is exhibited in the form of posters and merely on the basis
that the first writing work is done on poster and later on
affixed on wall does not take the act of defacement out of the
clutches of Section 3 of WB Act".
The judge, however, held that the magisterial court order
"cannot be sustained".