Section 4: Defacing road or building
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Defacing road or building
(1) Any person who—
(a) paints, draws or affixes a writing—
(i) on a road; or
(ii) without the permission of the owner, on a building or
structure;
(b) in any other manner causes a writing to appear—
(i) on a road; or
(ii) without the permission of the owner, on a building or
structure, in a manner that renders the writing capable of
being seen by the public,
shall commit an offence.
(2) Any person who commits an offence under subsection (1) shall, on
conviction, be liable—
(a) to a fine not exceeding 100,000 rupees and to imprisonment for
a term not exceeding 2 years; and
(b) to pay the cost of removing the writing from the road, building
or structure.
(3) Where a police officer has reasonable ground to believe that a person
has committed or is committing an offence under subsection (1), he may arrest that person without a warrant.
(4) Any amount required to be paid under subsection (2) (b) shall be recoverable in the same manner as a fine.
(5) In this section, “road” has the same meaning as in the Road Traffic
Act.
[S. 4 amended by Act 29 of 1990; Act 5 of 1999; s. 8 of Act 36 of 2008 w.e.f.
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Questions this section answers
- What is the penalty for painting or writing graffiti on a road or someone else's building?
- Can police arrest me on the spot for spraying graffiti without a warrant?