Theme: Public Health

Is medicinal cannabis legal in India?

Medicinal cannabis i.e., medicinal hemp refers to any extract or tincture of cannabis. While growing cannabis still a crime as per the NDPS Act, some states allow the cultivation of cannabis for medicinal or research like Uttar Pradesh.

If I’m running away with drugs, can the officer/s shoot at me?

Yes, If you are running away with drugs using an animal or a conveyance, then they can shoot the animal or the conveyance. But if you are running away on foot, then the officer cannot directly shoot at you.(( Section 46, Code of Criminal Procedure, 1973.))

Can a seizure of drugs happen in a public place?

Yes, a seizure can happen in a public place. The authorised officer, in this case, can seize in any public place or in transit and drugs or substances which he suspects is punishable under the Act. They can also seize any animal, conveyance or article, which can be confiscated under this Act. It is also important to note that the officer can detain and search any person who has any drugs or substances in their possession which appears to him as unlawful.(( Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985.))

Duties of Educational Institutes

The owner/manager of an education institute must ensure that a board is displayed at a conspicuous place outside the institute, which states the following:1

  • The sale of cigarettes and other tobacco products is strictly prohibited within 100 yards of the institute. The distance measured radially from the outer boundary of the institute.
  • The punishment2 is a fine of Rs. 200. 

Punishment

You cannot sell tobacco products within 100 yards of an educational institute. The punishment is a fine of Rs. 200.3

  1. Section 3, the Cigarettes and Other Tobacco Products (Display of Board by Educational Institutions) Rules, 2009.[ [↩]
  2. Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  3. Section 24, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Immunity for addicts volunteering for treatment

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

If an addict who is charged for consuming narcotic drugs or psychotropic substances or any other crime in relation to a small quantity of that drug or substance voluntarily seeks to undergo medical treatment for de-addiction, he will not be prosecuted. The law affords immunity to such persons who are looking to rehabilitate and treat themselves1

This treatment must be done at: 

  • A hospital or institution maintained by the government 
  • A hospital or institution recognised by the government
  • A local authority as provided in the NDPS Act. 

It is important to note that this immunity can be withdrawn if the addict does not undergo the complete treatment for de-addiction.2

  1. Section 64A, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Section 64A, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

What is Covid-19 ?

Coronavirus disease (Covid-19) is an infectious disease caused by a newly discovered coronavirus i.e. severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). First identified in Wuhan, China, in December 2019, the World Health Organization (WHO) declared the outbreak to be a pandemic on 11 March, 2020.

Common Symptoms

According to the WHO, those infected with COVID can display any of the following symptoms: 

Most common Less common Serious
  • Fever
  • Dry cough
  • Tiredness
  • Aches and pains
  • Sore throat
  • Diarrhoea
  • Conjunctivitis
  • Headache
  • Loss of taste or smell
  • A rash on skin, or discolouration of fingers or toes
  • Difficulty breathing or shortness of breath
  • Chest pain or pressure
  • Loss of speech or movement


Prevention MethodsIt is also possible for a person to carry the infection without displaying any symptoms. This person can still transmit the disease to someone else.

According to the WHO, to prevent infection:

  • Wash hands regularly with soap and water, or clean them with alcohol-based hand rub.
  • Maintain at least 1 metre (3.2 feet) distance from people coughing or sneezing.
  • Avoid touching the face.
  • Cover the mouth and nose when coughing or sneezing.
  • Stay home if unwell.
  • Refrain from smoking and other activities that weaken the lungs.
  • Practice physical distancing by avoiding unnecessary travel and staying away from large groups of people.

Read our explainer to understand more on how Covid-19 is an epidemic as well as a notified disaster in India.

 

Cigarettes and Tobacco Products

Under the law, tobacco products refer to1 products like:

  • Cigarettes
  • Cigars
  • Cheroots (a cigar which is open on both ends)
  • Beedis
  • Chewing Tobacco
  • Snuff
  • Cigarette tobacco, pipe tobacco and hookah tobacco
  • Pan masala
  • Gutka
  • Tooth Powder containing Tobacco

A cigarette is a roll of tobacco wrapped in paper or in any other material. However, under the law beedis, cheroots and cigars are tobacco products, not cigarettes2.

Indian law, governs the production, sale, distribution, consumption of advertisement of cigarettes and tobacco products. For example, smoking in a public place is not allowed, as is sale to a minor person and advertisement of tobacco products.

  1. Schedule I, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 3(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Government’s efforts for controlling drug abuse

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Government Schemes and Centres

The Ministry of Social Justice and Empowerment has been implementing a Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse since 1985 for identification counselling, treatment and rehabilitation of addicts through voluntary and other eligible organisations. Under this scheme, financial assistance is given to voluntary organisations and eligible agencies for running and maintaining Integrated Rehabilitation Centres for Addicts.

A National Centre for Drug Abuse Prevention has also been set up by the National Institute of Social Defence to provide technical support to the government on policies relating to substance abuse prevention and providing services for substance demand reduction. This Centre also carries out programmes for capacity building and training personnel of de-addiction centres.

National Action Plan for Drug Demand Reduction  

The Ministry of Social Justice and empowerment has prepared a National Action Plan for Drug Demand Reduction for the period of 2018-25. This plan focuses on: 

  • Preventive education 
  • Awareness generation 
  • Identification, counselling, treatment and rehabilitation of drug dependent persons 
  • Training and capacity building of service providers through collaborative efforts of government and NGOs. 

It aims at reduction of adverse consequences of drug abuse through education, de-addiction and rehabilitation of affected individuals. More information on this Action Plan can be found here.

National Fund for Control of Drug Abuse

The law requires the government to set up a National Fund for Control of Drug Abuse for meeting the expenditure incurred in measures taken for: 

  • Combating illicit trafficking 
  • Controlling abuse of drugs and substances 
  • Identifying, treating and rehabilitating addicts 
  • Preventing drug abuse 
  • Educating public against drug abuse 
  • Supplying drugs where the same is a medical necessity

The money for this fund comes from: 

  • Central government (after Parliament has made appropriations for it by a law) 
  • Sale of any property that was forfeited or seized as illegal property.
  • Grants made by persons or institutions
  • Income from investment of amount credited to the Fund.

Is Covid-19 an epidemic or a disaster?

Covid-19 is a widespread epidemic, and also a declared disaster in India. The Government has the power to1 take measures and prescribe regulations to:

  • Prevent the spread of a dangerous epidemic disease like Covid-19.
  • Inspect any ship or vessel leaving or arriving in any port.
  • Detain any person planning to leave or arrive in India.

The Government also declared Covid-19 as a “Notified Disaster” under the law on disaster management, which plays in role in(( Section 2(3), Disaster Management Act, 2005)):

  • Preventing any danger or threat of any disaster
  • Mitigating or reducing the risk of any disaster, its severity or consequences
  • Capacity-building and preparedness to deal with any disaster
  • Providing a prompt response to any threatening disaster situation 
  • Assessing the severity or magnitude of effects of any disaster.

 

  1. Section 2, Epidemic Diseases Act, 1897 [↩]

Smoking in a Public Place

Places you cannot smoke

Smoking in public buildings like a restaurant, theatres, healthcare institutions or public transport is a crime. If you are caught smoking in a public place, a police officer can detain you. The punishment is a maximum fine of Rs. 200.

Places you can smoke

Open Spaces

You can smoke in completely open spaces like roads or parks. However, it is still illegal to smoke in public places like bus stops, railway stations or open auditoriums.

Smoking Areas

You can smoke in designated smoking areas. Under this law, hotels (with more than 30 rooms), airports, or restaurants (which can seat more than 30 people) can create a separate smoking area where smokers can smoke.

 

Bail for using Drugs

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Crimes committed in relation to drugs and substances are all cognisable in nature. This means that the police do not need a warrant from a Magistrate to make an arrest. 

If the crime committed is for a small quantity or less than the commercial quantity of drugs or substances, you can apply for bail directly from the police and the same will be granted to you. It may be contingent on furnishing a personal or other bond. 

Crimes committed for a commercial quantity of drugs or substances are considered non-bailable under law. This does not mean that you will not get bail. You can apply in court and the same will depend on the judge’s discretion. You cannot ask for it as a matter of right.

How is the Government taking action against Covid-19?

Typically, the Government response to an epidemic, such as Covid-19, involves two primary laws – the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005. 

The Epidemic Diseases Act, 1897

The Epidemic Diseases Act, 1897 (“Epidemic Act”) gives the Central Government as well as State Governments the power to take special measures and prescribe regulations to prevent the spread of a dangerous epidemic disease. However, there is no definition of the term ‘Dangerous Epidemic Disease’ under this law.

Throughout the lockdown in India, the Central and State Governments took several actions to control the spread of the disease by:

  • Restricting spread and movement by enforcing lockdowns or curfews.
  • Conducting Covid-19 checks at airports.
  • Travel bans within and between States.
  • Stopping non-essential activities like movie theatres, amusement parks etc.
  • Stopping schools from opening and encouraging online teaching methods.
  • Preventing mass gatherings at weddings, funerals etc.
  • Stopping industries and construction activities.
  • Shutting down offices and workplaces.

State Governments also have the power1 to take measures to prevent the outbreak of an epidemic, by prescribing regulations to be enforced with respect to any person or group of people. An example of this would be Delhi Epidemics Diseases, COVID-19 Regulations, 2020, continuously passed by the Delhi Government to restrict gatherings.

The Disaster Management Act, 2005

Since the Covid-19 outbreak is a “Notified Disaster”, the Disaster Management Act, 2005 applies to it and State Governments will get access to appropriate funds in order to respond and provide immediate relief to victims of the disaster. Through this law, the government can take/has taken action to manage the Covid-19 disaster by:

  • Preventing its  danger or threat of spreading. For example, by enforcing lockdowns.
  • Mitigating or reducing its risk, severity or consequences. For example, researching and implementing vaccine trials in India.
  • Capacity-building and preparing to deal with Covid-19. For example, opening Covid-19 testing centres and camps across states.
  • Assessing the severity or magnitude of the effects of Covid-19. For example, taking surveys and tracking cases through applications such as Aarogya Setu.

The Government imposes periodical lockdowns by giving a set of directions to all Ministries/Departments of the Government of India, State/Union Territory Governments and State/Union Territory Authorities.2 These lockdown orders are published on the Ministry of Home Affairs website.

  1. Seventh Schedule, Constitution of India, 1950; Section 2, Epidemic Diseases Act, 1897 [↩]
  2. Disaster Management Act, 2005; Epidemic Diseases Act, 1897. [↩]

Selling Cigarettes

There are some prohibitions and restrictions when it comes to selling cigarettes. It is illegal1 to:

  • sell cigarettes or tobacco products to people under 18
  • sell cigarettes or tobacco products within 100 yards of any educational institution

If you are caught selling cigarettes to minors (under 18), a police officer can detain you and take you to the Magistrate in 24 hours.  You will be punished with jail time up to seven years and a fine up to one lakh rupees.

  1. ​​Section 77, Juvenile Justice Act; Section 6, The Cigarettes and Other Tobacco Products Act, 2003. [↩]

Vehicle Stop and Search

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

If an authorised police officer has reason to believe that a vehicle or an animal is being used to transport narcotic drugs, psychotropic or controlled substances, he has the power to stop such vehicle or animal and search it accordingly. This power to stop includes all lawful means, including firing upon the vehicle or animal if necessary. 

Such a police officer would also have the power to compel an aircraft to land if he thinks it is necessary to carry out a search.

How are lockdowns imposed during Covid-19?

The COVID-19 lockdown across States is used as a measure to prevent the further spread of the disease. 

The lockdown is imposed through a set of orders by which the National Disaster Management Authority (National Authority) requests all Government Ministries/Departments including State/Union Territory Governments to take effective measures  to prevent the spread of Covid-19 in the country. The National Authority has the power to issue guidelines1 on how the lockdown should be implemented, and can request the government to comply with their directions and implement them strictly. These lockdown orders are published on the Ministry of Home Affairs website.

During the lockdown period, the government provides and allows the provision of many essential services , whereas non-essential services are temporarily suspended. For example, essential services like medicines are available while non-essential services like amusement parks may be stopped for some time. Some of the services available also depend on the State Government, so it is important to know the directions given in the State. 

  1. Section 6, Disaster Management Act, 2005 [↩]

Advertisement of Tobacco Products

Under the law, it is illegal1 for you to advertise2, through any medium (including visual, auditory, etc.), any cigarettes or other tobacco products. You cannot authorize advertisement of tobacco products for money.

Prohibition of Advertisement

Specifically, the following activities are illegal3:

  • Display or permit the display of, in any manner, an advertisement of any tobacco product.
  • Sell or permit the sale of, in any manner, any film/video which advertises any tobacco product.
  • Distribute or permit the distribution of, in any manner, any leaflet or similar material which advertises any tobacco product.4
  • Exhibit, in any manner, on any structure, land or vehicle the advertisement of any tobacco product.
  • Promotion of any brand name of cigarettes or any tobacco products in exchange for money, gifts, etc.5

Permission for Advertisements

The advertisement of tobacco products is permitted with respect to4

  • A package containing cigarettes and other tobacco products.
  • A shop/warehouse where cigarettes and other tobacco products are offered for distribution or sale.

However, certain specifications must be followed while advertising tobacco products at shops/warehouses where such products are sold. Some of these are6:

  • The board used to advertise must not be bigger than 60 cm by 45 cm.
  • The board must feature one of the following warnings at the top, measuring 20 cm by 15 cm:
    • Tobacco causes cancer, or
    • Tobacco kills
  • No promotion of any specific brand can be done.

Punishment for Advertisement

If you violate any of the rules described here, the punishment is jail time of up to 2 years and/or a fine of up to Rs. 1000. However, on every subsequent offence, the punishment is jail time of up to 5 years and a fine of up to Rs. 5,0007.

  1. Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 3(a), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  3. Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  4. Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩] [↩]
  5. Section 5(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  6. Section 2(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2006. [↩]
  7. Section 22, the Cigarettes and Other Tobacco Products Act, 2003. [↩]

Powers of police and authorities – Search, Seize and Arrest

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Police officers and certain other authorities have wide powers to search and arrest people in relation to crimes committed under this law, and in many cases without a warrant.1

Search a place or a vehicle 

If the police officer has reason to believe, either from their own findings or receive written information about a crime being committed in relation to narcotic drugs, psychotropic or controlled substances, they can enter any building, place or vehicle like a car, truck, etc. and search the same. If anyone obstructs their entry, they can even break open the door or remove any obstacle in their way. 

Searching a person

If an authorised police officer wants to search you, you can ask the search to be conducted in the presence of a magistrate or certain gazetted officers. Once you make this request, you can be detained by the police officer till you can be brought before a magistrate or an appropriate gazetted officer. However, if the police officer believes that it is not possible to wait for a gazetted officer or a magistrate, he can proceed with the search.2

Please note that women can only be searched by a woman officer. 

Seizure

In the process of the search, the police officer also has the power to seize the following: 

  • Drugs, substances and anything used to manufacture it 
  • Any article, vehicle or animal that may have been used in the process
  • Any documents or articles that can be evidence and prove that a crime in relation to drugs was committed

Arrest

While carrying out the search and seizure, if the police officer believes that a crime has been committed in relation to drugs or narcotics, he can even arrest the suspected person. He may not always need a warrant for such an arrest.3

These powers of search, seizure and arrest of a police officer also extend to a public place like a hotel, restaurant, shop or any other place accessible to the public.4

You have certain rights when you are arrested. To know more about these rights, please read here.

Immediate Cases – No Warrant Needed

While ideally this search and seizure has to be done in the day time, i.e. between sunrise and sunset and with a warrant from an appropriate judge, if the police officer believes that in the time taken to obtain the warrant the necessary evidence could be concealed or the suspect may escape, he can carry out the search and seizure without a warrant. In such cases he will have to note down his reasons for doing this in writing and inform his immediate supervisor within 72 hours.5

 

  1. Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  3. Section 42(1)(d),  Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  4. Section 423,  Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  5. Section 42(2)(d),  Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

How is Covid-19 testing done in India?

Covid-19 Tests

The following Covid-19 tests are done in India1:

Rapid Antigen Test (RAT): 

An antigen refers to any foreign matter or viral proteins in the body that triggers an immune response. This test helps identify the antigens related to the Covid-19 virus. Antigen test, also known as rapid antigen test, is a rapid diagnostic test, but these tests have a higher chance of missing an active infection. 

RT-PCR: 

RT-PCR is a method of testing that is used to directly detect the presence of the virus in the sample. The test detects the RNA(Ribonucleic acid) of the virus which is the genetic material of the virus. 

TrueNat 

TrueNat is a chip-based, portable RT-PCR machine, originally developed as a portable diagnostic tool for tuberculosis. The latest versions of the TrueNat machine can detect an enzyme (called RdRp) found in the RNA of the coronavirus SARS-CoV-2.

Antibody test

An antibody test, also known as Serology test, is a screening test for Covid-19 antibodies in the blood. It tells if someone was previously infected with the virus that causes Covid-19. The antibody test does not look for the active virus but checks whether the immune system has responded to the infection.

Costs of Covid-19 Tests

The Government  has arranged for  free Covid-19 testing  at approved laboratories across India. Although the test is not free in private labs and hospitals, the Supreme Court(( Shashank Deo Sudhi v. Union of India, 2020 SCC OnLine SC 358)).has stated that free testing should be done for the poor who are eligible under the Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana. Beneficiaries of this scheme will be able to  access  free testing in private labs and access to Covid-19 treatment at government empanelled hospitals.

To get tested  free of cost, a person can go to any government hospital. Calling the helpline numbers before getting a test done will enable a person to get updated information. Please see here for the list of government and  private clinics for testing of Covid-19, as released by Indian Council of Medical Research.

  1. Testing Stratgey, Indian Council for Medical Research, available at, https://www.icmr.gov.in/pdf/covid/strategy/Testing_Strategy_v6_04092020.pdf [↩]

Legal Age For Smoking

The legal age for smoking is 18 years. It is illegal for1 anyone to sell, in any way, cigarettes or any other tobacco products to anyone below 18 years of age, or within 100 yards of an educational institute.

Duties of Sellers

If you are selling cigarettes or other tobacco products, you must ensure the following2:

  • The person purchasing the product(s) is above 18 years of age. To ascertain this, you may ask for evidence, such as an ID proof, etc.
  • Tobacco product is not sold through vending machines
  • The products are displayed so that easy access to them is not possible
  • No product is handled or sold by any person below 18 years of age
  • A board is displayed at the place where such products are being sold that states “Sale of tobacco products to a person under the age of eighteen years is a punishable offence”, among other specifications.3

Punishment

You cannot sell tobacco products to a person below 18 years of age. The punishment is a fine of Rs. 200.4

 

  1. Section 6, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 2, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Amendment Rules, 2011. [↩]
  3. Annexure I, Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production Supply and Distribution) Amendment Rules, 2011. [↩]
  4. Section 24, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Repeat or subsequent crimes

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

The punishment for repeat offenders under this law is very strict. If you were convicted once before for either committing, abetting or attempting to commit or even conspiring to commit a crime under the drug laws in India, the second or any subsequent punishment for the same crime can be 1.5 times higher, both for imprisonment and fine, than the previous punishment you received.1

In some serious cases, if you were convicted for a crime in relation to commercial quantity of a drug and are now being convicted again for the same crime, you may be given the death penalty.  Before 2014, death penalty was mandatorily imposed for certain subsequent offences, but that has now been changed and is left at the discretion of the judge.

 

  1. Section 31, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

How are curfews imposed in India?

When States impose a curfew, they pass orders under Section 144 of the Code of Criminal Procedure , 1973 (Section 144). A curfew is imposed in districts and States to prevent the localized spread of Covid-19 based on the number of cases in that particular area. This is an administrative power that rests with Magistrates in a district and they even have the power to restrict services during a curfew be it entertainment, transport etc. For example, a curfew order may be for specific districts asking people not to move out of their houses after 7 pm. This is different from lockdowns, which are imposed by the Central Government and disaster management authorities to take action and give guidelines for States as well as the whole of India to control and reduce the impact during the outbreak of any epidemic or pandemic. For example, imposing a travel ban between states to prevent movement of people during the epidemic.

The District Magistrate, Sub-Divisional Magistrate or Executive Magistrate, who is empowered by the State, passes the Section 144 order when immediate prevention is required. Such orders or directions aim at preventing or trying to prevent: 

  • Any obstruction, annoyance or injury to any person
  • Any danger to human life, health or safety
  • Disturbance of public tranquility
  • Riot or an affray (group fighting)

A Section 144 order can be directed either to a particular individual, group of persons residing in a place, or to the public in general when visiting a particular place. 

Restrictions under a curfew

The aim of the restrictions under a Section 144 order can be to1:

  • Prevent protests that can lead to unrest or riots. 
  • Prevent epidemics which affect public health.
  • Restrict anyone from carrying any sort of weapon. 
  • Restrict movement of the public.
  • Close particular educational institutions.
  • Ban  any kind of public meetings or rallies. 

Violating curfew orders

Some of the punishments for violating Covid-19 curfew orders are(( Section 269, Indian Penal Code, 1860; Section 188, Indian Penal Code, 1860, Section 143, Indian Penal Code, 1860, Section 147, Indian Penal Code, 1860, Section 55, National Disaster Management Act, 2005)):

  • Negligently spreading infection of a disease. The punishment is jail time up to six months and/or  fine.
  • Disobeying an order issued by a public servant . The punishment is jail time up to six months and/or Rs. 1000.
  • Being a member of an unlawful assembly. The punishment is jail time up to six months and/or  fine. 
  • Rioting.The punishment is jail time up to two years and/or  fine.
  • Punishment for Obstructing an officer or Government employee. The punishment is jail time up to one year and/or fine.

 

  1. Section 144, Code of Criminal Procedure, 1973 [↩]

Responsibilities of Owners of Public Places

Under the law, it is the responsibility of the owners/managers of public places, such workplaces, shopping malls, etc., to ensure no one smokes in that public place1. Specifically, the owner of the public place must ensure that:

  • A board is displayed2 at all entrances, floors, stairwells and conspicuous places that clearly states “No Smoking – Smoking Here Is An Offence”. The kind of board required has certain specifications3. For example, it must be 60 cm by 30 cm, with a white background. This should also include a depiction of a cigarette/bidi and a cross mark over it.
  • No ashtrays, lighters, or any other object that aids smoking is provided in the public place4.
  • The name of the person to whom a complaint may be made for a violation of these rules is displayed prominently in a public place5

If the owner/manager of the public place ignores the reported violation, this means that the owner of the public place will be bound to pay the cumulative fine that equals the number of offences committed.6

  1. Section 3(1)(a), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  2. Section 3(1)(b), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  3. Schedule II, the prohibition of Smoking in Public Places Rules, 2008. [↩]
  4. Section 3(1)(c), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  5. Section 3(2), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  6. Section 3(3), the Prohibition of Smoking in Public Places Rules, 2008. [↩]