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Writer's picturethelila500
Feb 13, 20233 min read

Do Spitting On National Monuments Is A Criminal Activity?

A building, construction, monument, cave, rock carving, inscription etc., that has been in existence for over a hundred years and is of historical, archaeological, or artistic interest is referred to as an ancient monument by the Archaeological Survey of India (ASI). In addition to being works of art, they provide a glimpse into the civilization of prehistoric communities. They are among the most popular tourist locations. They are essential elements that ensure our culture and sense of pride is shared worldwide.


Indians have been seen spitting without regard for social justice or government penalties. On a normal day, one may stroll about and notice that everything is red and crimson, including government buildings, national monuments, parks, streets, and even movie theatres.


Constitutional Duty to Preserve Monuments

  • Every monument, location, or thing of artistic or historical interest that has been designated as being of national importance by a statute passed by Parliament must be secured from damage, deformities, destruction etc., as the case may be, according to Article 49 of the Indian Constitution.

  • Every Indian citizen has a duty to preserve and safeguard the rich heritage of their culture, as stated in Article 51 A (f) of the Constitution of India.

Spitting on a National Monument: Criminal Activity or Not?

  • In order to enforce severe penalties on those who spit or destroy monuments and historic sites of national importance, the Lok Sabha adopted an amendment to the Ancient Monuments and Archaeological Sites and Remains Act of 1958 in the year March 2010.

  • The previous punishment for this type of infringement, which was three months in jail and a penalty of 5,000 rupees, has been enhanced to two years in imprisonment and a fine of up to one lakh rupees if the offender is found guilty of destroying or abusing any treasured national monument.

  • It ensures that it serves as a deterrent and that nobody dares engage in illicit activity as specified by the Act; the punishment has been enhanced.

  • In accordance with Section 425 of the Indian Penal Code, mischief is defined as any intentional damage or destruction of property resulting in a wrongful loss. Central Government officials who are found getting involved in any illegal or unpermitted behaviour under the Act will also face harsh penalties. It carries a maximum three-month sentence in jail, a fine, or even both.

Disaster Management Act of 2005

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

  • As a result of COVID-19 being declared a "national disaster," all of India is subject to the Disaster Management Act's orders. As a result, the Indian government has the authority to order state and local governments to enforce legislation or orders prohibiting spitting and demand that district magistrates enforce those laws or orders through punitive damages and other punishments per the Act.

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

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

Similarly, the states also established municipal and local laws against the menace of spitting in public places. These clauses are likewise included in the Policing Acts of various states. Among 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'll need legal representation to protect yourself from being charged for spitting in public places such as national monuments. The best Criminal lawyer in Kolkata may be hired if you want to defend yourself against the criminal offense of spitting in a national monument, and the best Criminal lawyer in Pune can be hired if you want to defend yourself against the criminal offense of spitting in a national monument in Pune. Similarly, you can get the top Criminal lawyer in Delhi to defend you against any charges of spitting in a national monument in Delhi.


You can talk to a lawyer at Lead India. At Lead India, you can ask questions to experts online for free and get free legal advice online.


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