JOIN USLaws you could be breaking inadvertently
Most of us remain cautious when it comes to committing felonies that are known; however, there are laws that people inadvertently break without even realising.
There are a bunch of activities that are illegal but are so common that everyone has committed them at least once.
Metrolife spoke to lawyers Amrita Pratap and Surbhi Agarwal, to throw light on common laws that you could be breaking.
Littering
Amrita says, “If your neighbour is improperly dumping their garbage at a place that’s not specifically designated for dumping garbage, they are essentially committing a criminal offence.”
“The fine is low, but it is an offence nonetheless. Any kind of littering may potentially be an offence.”
Using the phone while driving
Using your phone for any purpose other than navigation while driving qualifies as ‘dangerous driving’, which is an offence under the Motor Vehicles Act. Amrita says, “There is a fine of up to Rs 5,000 and/or imprisonment from six months to a year for the first offence. For the second offence, this increases to fine up to Rs 10,000, and imprisonment up to two years.”
This comes under Section 184 under the Motor Vehicles Act. “Talking on the phone, texting or watching a video on your phone while driving is wrong,” she adds.
Playing loud music and use of loudspeakers
Playing loud music or using loudspeakers can cause legal trouble.
Amrita says, “In 2005, the Supreme Court of India, in its order, stated that no loudspeakers could be permitted between 10 pm to 6 am. Playing loud music during this time can lead to a fine of Rs 1 lakh or imprisonment of five years as per Section 15(1) of the Environment Protection Act.”
Kissing in public and public physical display of affection
Surbhi says, “This is a little tricky to understand. Section 279 of the IPC makes it an offence to do obscene acts in public. A part of the section reads that “…whoever to the annoyance of others, 1) commits any obscene act in public…”. It is a longer section but this is the operative part for this purpose.” The ingredients of constituting this offense are: firstly, committing a public act, and secondly, to the annoyance of others in public.
However, the term ‘obscene’ is not defined under the law, but since it is subjective, one can be booked under Section 279 and Section 268 of the IPC. One commits an offence under Section 268 if they cause annoyance to people occupying the vicinity or obstructing their public rights. “It is obvious that this provision has in effect been weaponised for the purpose of moral policing more often than not,” adds Surbhi.
Smoking in public
Smoking in public is a common sight. Surbhi says, “Little do people know that it can land them in trouble.”
Public smoking is prohibited under Section 4 of COTPA (Cigarettes and Other Tobacco Products Act).“It is prohibited to smoke in public places such as auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices, public conveyances, including the railways,” she states.