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Anurag Singh   12 June 2018

Moral Policing

Hey there, is it ILLEGAL for a MATURE(18+) couple to sit together in a public place around dusk hours? Can they be confronted/questioned/held for this? If yes under which section of IPC or CrPC?


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 7 Replies

Raghav Arora   13 June 2018

Hi! Thanks for the question!

Firstly I would request you to make 'A public place' a liitle more clear.

Except that, yes, you can be questioned or held for an act that is covered under the definition of 'Obscene' or 'Nuisance' in a public place which annoys the general public. This has been covered under Sections 292/293 or 294 of IPC (Obscene act or word) and also section 268 IPC (Nuisance) . However this will depend on the circumstances of the case and what kind of act is the couple involved in. Not any couple can be unduely mistreated for sitting and chatting.

 Yes, these sections can be misused by the police in rare cases. However, a person is expected to behave decently in public and such a law is necessary. 

Anurag Singh   13 June 2018

A public space; for instance parks. Section 294 says 'obscene act in public place' and doesn't specify the 'obscene act' it covers. Moreover is simply sitting together or holding hands or hands around the waist/shoulder considered obscene?

kunal “#unconventional #Aquari   13 June 2018

No. If both are majors & not posing to be a distraction to majority of public, then no.

Anurag Singh   13 June 2018

Is police authorised to ask for phone numbers or make a call to one's parent just because s/he was sitting with someone of opposite gender around dusk hours( considering the fact that both are mature)?

kunal “#unconventional #Aquari   13 June 2018

Mr. Singh it may be helpful if you mail me all your case details on: basu _kunal@hotmail.com. Only upon perusal of your query in full can a suitable reply be given. Regards

Raghav Arora   13 June 2018

The police officer can do that for his satisfaction, as in such a case the judgement of obscenity is not to be considered by you but the public or police officer.

Anurag Singh   13 June 2018

Hey Kunal, you should recieve it soon. Thanks. Hey Raghav, but this is gross abuse of power. Police misuses it in almost every case. Also where does Article 21 go then?

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