Rule 5 of the Air (Prevention and Control of Pollution) Act, 1981 states that no loudspeakers or public addressing systems shall be used during the night hours, i.e., 10 p.m. to 6 a.m. In case you are being troubled by noise during this time duration, simply lodge a complaint under section 8 of the Noise Pollution (Regulation and Control) Rules, 2000 with the local police station. The police are required to prevent such neighbours from playing loud music beyond the standard limit of 45 DB (DB is a unit of sound intensity) at odd hours of night.
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Usually after such a complaint, police restrains them and confiscates their music system. However, if they do not do so, and do not take the case before the District Magistrate(DM) either, then you can lodge a complaint with the Superintendent of Police who sits in the same police station. If even that does not work, then you can write a writ petition to your state's High Court describing your problem and inaction of the police. The High Court will give a direction to the police to register a complaint and file a proceeding before the DM.
Alternatively you can lodge a complaint with the local police and file a complaint u/s 144(2) CrPC before the Executive Magistrate and get ex parte order restraining the opposite party from causing any nuisance and breach of peace. This order is effective for 60 days.
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FAQs
FAQ 1: What should I do if I'm disturbed by loudspeakers or public addressing systems during the night hours?
Answer: Lodge a complaint under Section 8 of the Noise Pollution (Regulation and Control) Rules, 2000 with your local police station. The police are required to take action against those playing loud music beyond the limit of 45 dB from 10 p.m. to 6 a.m. For more information, refer to the Noise Pollution Rules.
FAQ 2: What can I do if the police don't act on my noise complaint?
Answer: If the police do not act on your noise complaint, you can escalate the issue to the Superintendent of Police. If that fails, you can file a writ petition with your state's High Court, which can direct the police to register a complaint and take action. Alternatively, you can lodge a complaint under Section 144(2) CrPC before the Executive Magistrate to get an ex parte order. For more details, visit the CrPC Section 144.
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References:-
- Rule 5 of the Air (Prevention and Control of Pollution) Act, 1981
- 144(2) CrPC
- Power to issue order in urgent cases of nuisance or apprehended danger
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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