Wandering on the streets of Mumbai at 1.30 am is not an offence - Mumbai Court

Case: The State of Maharashtra v. Sumitkumar Basantram Kashyap

Court: The Metropolitan Magistrate of Girgaon, Mumbai NA Patel

Section 122(b) of the Maharashtra Police Act: Being found under suspicious circumstances between sunset and sunrise. Whoever is found between sunset and sunrise- (b) having his face covered or otherwise disguised with intent to commit an offence.

A Magistrate court in Mumbai recently observed that wandering on the streets of Mumbai at 1.30 am is not an offence. The Court made the decision while acquitting a man who was arrested three days ago after he was found sitting opposite a wine shop under suspicious circumstances.

The accused was wearing a handkerchief to cover his face and failed to answer the patrolling officer's questions satisfactorily. A First Information Report (FIR) was filed against him under Section 122(b) of the Maharashtra Police Act. 

The Magistrate remarked that 1:30 am is not too late in Mumbai, and even if it is, there was no night curfew in force, therefore, if the accused was standing on the road, it is not an offence. Additionally, the Magistrate noted that a person cannot be considered to be concealing his/her identity by wearing a handkerchief as a mask. Moreover, if the accused wanted to conceal his identity with the handkerchief, he would not have provided his name to the police officers.

It, therefore, held that the accused was not guilty and acquitted him.