No law bars stepping out at night

Two policemen have been suspended for claiming that citizens cannot be out on the streets after 11 pm, and extorting money from a couple. So what exactly is the law?

A couple was harassed for money by two policemen in a patrol vehicle earlier this week. The cops were suspended after a furore on social media. The policemen asked the couple for their ID, and claimed the law bars couples from stepping out after 11 pm. Metrolife asked lawyers some questions on behalf of citizens.

Is there a law against couples being out after 11 pm? And can the police confiscate phones?

No, such police actions clearly violate basic and fundamental rights — to freedom, privacy, and personal life and liberty — guaranteed by the Indian Constitution, says lawyer Saddam Baig, who specialises in criminal law.

Questioning citizens is contextual, says Guru Prasanna, who practises at the High Court. “A nefarious activity could be happening, due to which the police might question the individual,” he says.

Advocate Indra Dhanush says the police must make such inquiries only in ‘suspicious circumstances’. “Here, the couple was peacefully coming back from an event, and there is no law which prohibits anyone from walking around freely,” he says. Confiscation of phones or any personal property shouldn’t be done without a solid reason, says Prasanna. “A lack of standard operating procedures leads to such situations. There must be a formal complaint for the police even to start a primary investigation, he says.

Is there a law against anyone roaming outside after11 pm?

“There is no law that prevents citizens from going out at night,” says Baig. In the case of a pandemic, restrictions can be enforced, points out Prasanna.

Even when Section 144 of IPC is enforced, only unlawful assembly (four or more people at a place) is restricted, and not movement, says Dhanush. “If there is a curfew or the government or police have given specific instructions in the interest of the people, then one can be restricted in movement,” he says.

Can a citizen refuse to hand over personal property, such as phones, to the police?

Yes, citizens can say no to the police in such situations, says Baig. However, if a case is registered, the police can check belongings, he adds. A citizen can demand to see a notice or search warrant in such situations, says Dhanush.

Can citizens refuse to pay fines, especially when there is no clarity on why they are being penalised?

Baig says that people can demand to know the reason they are being penalised for: “You can ask for a receipt when you are forced to pay a fine.” Prasanna says, “One can challenge the imposition of such a fine with concerned authorities, which could be higher police officials or the court.”

The victims here were a married couple. Are the laws different for others?

The law does not change on the basis of marital status. However, in case one of the individuals is a minor, the police may question the couple, keeping in mind the security of the minor, says Dhanush.

What laws did the police flout in this case?

If the police are invading your privacy, it is illegal, legal experts say. “In this case, they can be charged under corruption, and violating the right to privacy and liberty by confiscating their phones (Article 19 and 21 of the Constitution), extortion (Section 383-386 of IPC), wrongful restraint and wrongful confinement (Section 339-348 of IPC), and also misuse of power,” says Dhanush.

What happened

Karthik Patri and his wife, residents of a society near Manyata Tech Park, were walking to the gate after attending a birthday party. Two policemen stopped them and asked for proof of identity. Even after they showed their Aadhaar cards (on their phones), their phones were taken away and they were asked about their relationship, work, and other details. They were told that people were “not allowed to roam on the roads after 11 pm”, and had to pay a fine. The two policemen — from Sampigehalli police station — have been suspended.