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Writer's picturethelila500
Feb 9, 20233 min read

Do Spitting In Public Transport Is A Criminal Activity?

Indians have been seen spitting without regard for social fairness or government penalties. On a normal day, one may stroll about and notice that everything is red and maroon, including government buildings, public transport, lifts, public restrooms, parks, streets, and even movie theaters.


Indian Laws Prohibiting Spitting in Public Transport


The Factories Act of 1948

  • Each factory is required to maintain a sufficient amount of spittoons in easily accessible locations that must be kept clean and hygienic as per Section 20 of the Factories Act.

  • The State possesses the authority to create rules and standards for keeping spittoons clean and hygienic. They also have the power to decide the logistics of how many spittoons will be provided and where they will be fixed.

  • Additionally, prohibiting and stopping people from spitting on factory property is the main goal of building a spittoon.

  • A notice outlining this obligation and the penalties for violating it shall be posted in visible places around the property.

  • Punishment- The maximum penalty for a violation of Section 20(3) is five rupees.

The Dock Workers Regulations of 1990

  • Spittoons are required to be provided in sufficient quantities and placed in convenient locations in each and every dock area, particularly in warehouses and storage spaces, according to the Dock Workers Regulations

  • They must also be kept sterile and clean at all times. Additionally, placing a notice in the right places is required to make everyone aware that it is illegal for anybody to spit in any place other than in the designated spittoons.

  • The spittoons should be of a particular style that has been approved, and they must be disinfected, sterilized, and disposed of at least once every day.

  • Punishment- Anybody who infringes the regulation may be penalized with a fine of up to 100 rupees

The Disaster Management Act of 2005

  • This Act does not explicitly address spitting, which was a protective measure to fight COVID-19 that required a federal statute to be enforced in every state.

  • In accordance with the fundamental objective of this Act, which is to ensure the proper management of disasters and matters related to them, spitting in public places, such as on public transport, became a crime under the virtue of Section 51(b) of the Disaster Management Act in the year 2020.

  • With the declaration of COVID-19 as a "notified disaster," the Disaster Management Act's directives now apply to the entirety of India, giving the Indian government the power to order state governments to pass laws or orders prohibiting spitting and demand the district magistrates to handle them out via the fines and other sanctions in accordance with the Act.

  • Disobeying the order issued by or on behalf of the Central and the State Governments, the Committee of the National Executive, the Committee of the State Executive or the District Authority is "prosecuted for obstruction," as stated in Section 51(b) of the Disaster Management Act.

  • Punishment- An individual who disobeys orders may be sentenced to up to a year imprisonment, a fine, or both. The offender might spend up to two years in prison if their denial results in someone dying.

The Indian Railways Rules of 2012

  • Rule 3(b) of the Indian Railways Rules of 2012, when read in conjunction with Rule 4, specifies the punishment for restricting activities that affect sanitation and hygiene on railway property.

  • Activities that are forbidden on railway property include bathing, spitting, urinating, and having any kind of container close to the area, as detailed in Rule 3(b).

  • Punishment- An infringement of Rule 3 is subject to a fine of a maximum of 500 rupees, according to Rule 4.

Similar municipal and local laws against the menace of spitting in public places, such as in public transport, have also been established by the states. These clauses are likewise included in the Police Acts of various states. Among them are:

  • Bombay Police Act of 1951

  • Delhi Police Act of 1978

  • Smoking & Spitting and Protection of Non-Smokers' and Minors' Health Act of West Bengal, 2001

To protect yourself from being charged for spitting in public transport, you'll need access to a lawyer. The best Criminal Lawyer in Kolkata may be hired if you want to defend yourself against the criminal charge of spitting in public transport, and the best Criminal Lawyer in Pune can be hired if you want to defend yourself against the criminal charge of spitting in a public transport in Pune. Similarly, you can get the top Criminal Lawyer in Delhi to defend you against any charges of spitting on public transport.


At Lead India, you can speak with an attorney. You can obtain free legal counsel online and ask queries of experts at Lead India.


Call Us: +91–8800788535


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