community. This is an act of a very different sort. Its
implications are deeper and it affects the even
tempo of life and public order is jeopardized
because the repercussions of the act embrace large
Sections of the community and incite them to make
further breaches of the law and order and to subvert
the public order. An act by itself is not determinant
of its own gravity. In its quality it may not differ from
another but in its potentiality it may be very different.
Take the case of assault on girls. A guest at a hotel
may kiss or make advances to half a dozen
chamber maids. He may annoy them and also the
management but he does not cause disturbance of
public order. He may even have a fracas with the
friends of one of the girls but even then it would be
a case of breach of law and order only. Take
another case of a man who molests women in
lonely places. As a result of his activities girls going
to colleges and schools are in constant danger and
fear. Women going for their ordinary business are
afraid of being waylaid and assaulted. The activity
of this man in its essential quality is not different
from the act of the other man but in its potentiality
and in its effect upon the public tranquility there is a
vast difference. The act of the man who molests the
girls in lonely places causes a disturbance in the
even tempo of living which is the first requirement of
public order. He disturbs the society and the
community. His act makes all the women
apprehensive of their honour and he can be said to
be causing disturbance of public order and not
merely committing individual actions which may be
taken note of by the criminal prosecution agencies.
It means therefore that the question whether a man
has only committed a breach of law and order or
has acted in a manner likely to cause a disturbance
of the public order is a question of degree and the
extent of the reach of the act upon the society. The
French distinguish law and order and public order
by designating the latter as order publique. The
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