In India, the night usually falls and people tend to have their dinner and sleep in order to wake up fresh for the next day hustle. However, some of us are night owls who wish to explore through the quiet roads and dark streets at night. Now many people have this apprehension – Is going out late night illegal in India? Will they be apprehended by the Police for roaming around the city late at night? To understand the possibilities, here is a scan through the applicable laws to understand the legality of hitting the Indian roads and streets and going for night outs.
Is Going Out Late Night Illegal in India?
Since the question pertains to legality or illegality of roaming around late at night, it is better to go through the applicable laws. Hereunder, specific laws are picked to understand whether it criminalises late night roaming around the city.
Constitution of India
Article 19 (1)(d) of the Constitution guarantees the right to freely move across the territory of India. In other words, all the Indian citizens are entitled to free movement across the nation, regardless of day and night. It may be noted that the fundamental rights are mostly subject to some reasonable restrictions, where the term “reasonable” is louder. The reasonable restrictions, as per Article 19 (2) be due to operation of any existing law or a new law while safeguarding India’s safety, security, integrity, public order, etc.
What can be understood here is that the answer to “Is going out late at night illegal” is negative in the usual sense. It is legal to roam around at night. However, the answer may be positive when restrictions are imposed. For example, in case of curfew (as was imposed during COVID-19 lockdown) or restrictions under Section 163 of BNSS, going out during restricted hours can be illegal. That is usually done to prevent danger or nuisance, requiring people to stay indoors.
Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita (formerly the Indian Penal Code) is the code which defines and specifies most of the offences in India. In simple words, what is illegal and categorised as an offence is laid under the BNS 2023. So the main question here is – Is going out late night illegal as per BNS? Is it illegal to stay out at night in India? Is hanging out late at night a crime?
There is nothing in BNS that makes roaming out late night illegal. Though any illegal act done during that course may be an offence. For example, if a person goes out late night to break into another person’s house with the intent to commit theft or extortion, that is illegal. If someone hangs out with friends during midnight and drunk drives, that is also illegal. Overspeeding and hitting another vehicle at night is also illegal.
Bharatiya Nagarik Suraksha Sanhita
As mentioned earlier, reasonable restrictions on movement can be imposed under Section 163 of the BNSS. The provision extends power to issue order in urgent cases of nuisance or apprehended danger upon the Magistrate. Such an order may also be directed to persons residing in a particular place or area to abstain from a certain act. Such orders are likely to prevent, or tend to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. The authorities may specify hours during which such orders may be in force, and when relief is applicable.
Conclusion
Based on what can be seen, it is absolutely legal to go out late night in India. There is nothing illegal about that. However, there is an important aspect to note that in case your behaviour is suspicious, the Police may interrupt and interrogate. If you are found involved in some illegal activities taking advantage of the night, then in that case the legal claws may grab you. Otherwise, NO! Going out late night is not illegal in India.
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