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  • leadindia836
    • Jan 3, 2023
    • 3 min read

Is Spitting In Public Places Is A Criminal Offence

Indians have been observed to spit without concern for social justice or repercussions from the government. One might take a stroll about on a regular day and see the railway stations, structures of government, elevators, public restrooms, parks, roads, and even movie theatres, all covered in red and crimson.

Indian Laws against Spitting in Public Places


Factories Act of 1948

  • According to Section 20 of the Factories Act of 1948, each factory must have a sufficient number of spittoons in easily accessible areas that must be kept clean and hygienic.

  • The State Government has the authority to choose the logistics of the number of spittoons that will be furnished and where they will be placed.

  • They have the authority to establish regulations for them as well as standards for keeping them clean and hygienic.

  • Additionally, the primary purpose of constructing a spittoon is to forbid and stop individuals from spitting on factory premises.

  • A notice stating this requirement and the punishment for breaking it must also be posted in appropriate locations around the property to make it apparent.

  • Punishment- The maximum fine levied for violating Section 20(3) is five rupees.

Dock Workers Regulations of 1990

  • The Dock Workers Regulations of 1990, specifically Regulation 98 (2), refers to the spittoons that must be provided in adequate numbers in convenient places in every dock area, including warehouses and storage areas.

  • They must be kept hygienic and clean at all times. Additionally, it is against the law for anyone to spit anywhere other than in designated spittoons.

  • Everyone must be aware of this by posting a notice in the appropriate locations. The spittoons mentioned here must be of an approved type and must be cleaned, disinfected, and emptied at least once each day.

  • Punishment- A fine of no more than one hundred rupees may be imposed on anyone who violates Regulation 98(2).

Disaster Management Act of 2005

  • Before a federal law needed to be implemented in each and every state as a protective step to combat COVID-19, this Act did not address spitting per se.

  • Spitting in public became a criminal offense under Section 51(b) of the Disaster Management Act of 2005 in the year of April 2020.

  • This was done in accordance with the primary goal of this Act, which is to ensure the effective management of disasters and matters related to them.

  • With COVID-19 being declared a "notified disaster," the Disaster Management Act's orders apply to all of India, giving the Indian government the authority to direct state governments to enact laws or orders prohibiting spitting and to require district magistrates to carry them out through fines and other sanctions in accordance with the Act.

  • In accordance with Section 51(b) of the Disaster Management Act, disobeying a directive issued by or on behalf of the Central Government, the State Government, the National Executive Committee, the State Executive Committee, or the District Authority is "punished for obstruction."

  • Punishment- When someone refuses to follow instructions, they could be punished with up to a year in prison, a fine, or both. If this refusal results in someone's death, the responsible party might face up to two years of imprisonment.

Indian Railways Rules of 2012

  • Under the Indian Railways Rules, 2012, Rule 3 (b), read with Rule 4, provides the penalty for the restriction of activities that influence cleanliness and hygiene at the railway premises.

  • Bathing, spitting, urinating, or keeping any type of storage close to the area are prohibited activities at the railway premises, as explained in more detail in Rule 3(b).

  • Punishment- Rule 4 stipulates that a fine of up to Rs. 500 may be imposed for a violation of Rule 3.

The states have also established their own municipal and local regulations against the threat of spitting in public places, which are relatively similar. The Police Acts of several states also contain these provisions. Some of them are:

  • West Bengal Smoking & Spitting and Protection of Health of Non-smokers and Minors Act of 2001

  • Bombay Police Act of 1951

  • Delhi Police Act of 1978

You will need a lawyer to save you from criminal charges of spitting in public places. If you want to escape from the criminal charge of spitting in a public place in Kolkata, then the Best Criminal Lawyer In Kolkata can be appointed, and if you want to escape from the criminal charge of spitting in a public place in Pune, then the Best Criminal Lawyer In Pune can be appointed. Likewise, the Best Criminal Lawyer In Delhi can be appointed to save you from any criminal charge for spitting in public places.


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