कार में लड़का-लड़की किस करें तो क्या पुलिस अरेस्ट कर सकती है? हाईकोर्ट के वकील से जानिए

A person named Anshuman has written that I parked my car on the side of the highway and ‘kissed’ my girlfriend. The girlfriend also agreed to this. Meanwhile, the police arrived from somewhere and started recording our video without my consent. Then he told us that kissing in a car is a crime under section 294 of the Indian Justice Code and for this you will have to pay a challan of Rs 20 thousand. Anshuman (name changed) paid the challan out of fear. Now Anshuman wants to know whether the police can issue a challan for consensual kissing in a car. To know the answer to this question, we talked to senior High Court advocate Kamal Pundir.

what does the law say
Analyzing the nuances of this law, advocate Kamal Pundir said that if seen superficially, the police cannot take any action in this matter. Under Section 294 of the Indian Judicial Code, if a person does obscene acts in a public place and it makes people passing by feel uncomfortable, then it can come under the purview of obscenity law, but there are many other legal complications in it. Every citizen of the country has the right to privacy under Article 21 of the Constitution of India. Privacy under Article 21 includes many aspects. One of these is that no one can interfere in your body or personal space without your consent. Therefore, if a person kisses another person consensually in a car, then discretion and many other aspects will be considered in this case. What is more, the Delhi High Court had given clear instructions against the police in this matter in February 2009, which is still an example and this is the reason why Delhi Police no longer takes action in such cases.

High Court had strongly reprimanded Delhi Police
In 2009, when the police caught a couple kissing at Dwarka metro station in Delhi, an FIR was registered against them. The victims reached the High Court against this. While hearing the case in the High Court, Justice Muralidhar remarked that the FIR does not make out any offense under Section 294 (obscenity) and Section 34 of the IPC. It is beyond comprehension that even if what is stated in the FIR is accepted as true, how a declaration of love by a newly married couple can amount to the offense of obscenity and trigger penal proceedings under the police law. Later, while giving the final verdict, the High Court acquitted the victim in all the cases and strongly reprimanded the police.

Which person was caught by the police near Dwarka Metro?
According to TOI report, this matter is of September 2008. A couple was found kissing near Dwarka Metro. Delhi Police ASI Vidyadhar Singh had claimed in the FIR that he found them sitting in an objectionable position near a metro pillar and kissing each other, which was making the passersby feel uncomfortable. Even though the man told them that he was married, the policeman took him to the police station and arrested him. The victim alleged that the police fraudulently withdrew Rs 20,000 from the ATM while he told the police that both of them were married. Later both of them got bail from the police station itself.

what did the high court say
The High Court was surprised that Singh filed an FIR for obscenity, ignoring the fact that both of them were married. Moreover, neither in the FIR nor in the chargesheet filed later, the police authenticated the statement of any witness or passerby, leaving no doubt in the court’s mind that the allegations were fabricated. The victim also said that both of them got married in Arya Samaj temple but the lawyer extorted money and did not register the marriage. The police was not ready to accept this.

This is the argument against arrest
The victim’s lawyer argued in the High Court that obscenity charges are levied when the act is so obscene that it encourages misconduct or disturbs the public. Both these things are not present in this case because there is no mention of pedestrians in the charge sheet, as was initially claimed. Advocate Kamal Pundir says that if there is no problem for the passers-by in public places or there is no other person there, then in such cases Vivek says that there is no obscenity in it and even the police cannot take action in such cases. He said that Delhi Police especially does not take such action after the Dwarka case.