This article is written by Deepanshi Sharma of JGLS. The article discusses petty acts which are punishable offences under law.

Introduction

Awareness of law is integral as ignorance of the law is not a defence in judicial proceedings. Following is a list of some offences that one might commit or witness without realising the culpability attached to them.

P.S. The author does not consider the offences listed below as petty. The inclusion of the offences in the list is based on the routine occurrence of such acts.

Needlessly pulling the emergency alarm chain in a train

Use of the means of communication given in a train, which is only meant for communication between passengers and the staff, without a reasonable cause, is punishable with an imprisonment of up to one year and/or fine of one thousand rupees by the virtue of section 141 of the Railways Act.

For unnecessarily using the emergency chain, the section specifically prescribes a minimum fine of rupees five hundred in the first conviction and imprisonment of three months in case of subsequent convictions.

Downloading or uploading pirated movies, music or software

Downloading or uploading (or infringing in any other manner mentioned in section 51 of the Copyright Act) of copyrighted content without the authorization of the owner of the copyright is a criminal offence punishable under section 63 of the Copyright Act, 1957. Doing this attracts a minimum imprisonment of six months and a minimum fine of fifty-thousand rupees. The punishment may be increased to imprisonment for up to three years and a fine of two lakh rupees.

Damages can also be imposed, under section 55(1) of the Act, on those who knowingly infringe copyrights of another.

However, such infringement of copyrighted matter can be justified as a “fair use”, if used only for private purposes [section 51(1)(a)]

Use of crash guards on cars or two-wheelers

Installation of crash guards, a.k.a. bull guards, on vehicles is an offence under section 52 of the Motor Vehicles Act, 1988. The Ministry of Road Transport and Highways has ordered the transport commissioners of all states and union territories to take actions against the unauthorized use of such fitments through a notification (dated 07/12/2017).

The notification mentioned that addition of a crash guard poses threat to the safety of the pedestrians and such use is prohibited under section 190 of the Act with a penalty of rupees one thousand on the first offence and rupees two thousand on subsequent counts. Sale or delivery of vehicles with such fittings also attracts a punishment of up to five thousand rupees under section 191 of the Act.

Smoking in public places

Public smoking is punishable in India under section 4 of the Cigarette and Other Tobacco Products Act, 2003. Under this Act, a public place is defined to be any place that the public has access to including an “auditorium, hospital buildings, railway waiting room, amusement centres; restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like…”. A penalty of up to two hundred rupees can be imposed for the violation of this rule.

Moreover, The Prohibition of Smoking in Public Places Rules, 2008 places responsibility on the owner, proprietor, manager, supervisor, or in-charge of public places to ensure that no person smokes on their premises. Failure to comply with this responsibility or report such violation can lead to a penalty under rule 3(3) of the Act.

Driving or riding a bike without a helmet strapped

Not wearing a protective gear while driving or riding a motorbike in public spaces is an offence under section 129 of The Motor Vehicles Act, 1988. The section also makes it an offence if the gear has not been securely fastened to the head of the wearer with the help of straps or other fastenings provided. The punishment for violation can be up to one hundred rupees on the first offence and three hundred rupees on subsequent violations (section 177). An exception has been provided for Sikhs who wear a turban while driving.

Voting as another person or voting twice at the election

Voting for an election under the name of another living, dead or fictitious person or voting twice under one’s own name in the same election is a punishable offence (called personation at elections) under section 171D of Indian Penal Code. The section also covers abetment to personation. Committing this offence can be punishable by imprisonment for up to one year and/or fine.

This section does not apply to those who are authorised to vote as a proxy for another voter as long as she/he votes for the authorised voter only. For instance, section 20(8)a/b of the Representation of the People Act, 1950 Act read with section 60 of the Representation of People Act, 1951, allows the government to authorise proxy voters for armed personnel.

Possessing multiple PAN cards

Applying for or possessing more than one permanent account number is impermissible under section 139A(7) of the Income Tax Act. Violation of this may attract a punishment of up to ten thousand rupees by the assessing officer under section 272B of the same Act. A similar fine can also be imposed for quoting a false permanent account number in documents.

For information about the procedure to surrender a PAN card, click here.

Corporal/physical punishment in school

A person who, having control over a child (aged up to 18 years), brings physical or mental suffering to her/him can be punished under section 75 of the Juvenile Justice Act 2015 with an imprisonment for over three years and/or a fine of one lakh rupees. In case such suffering is inflicted in schools or other organisations which are trusted with care and protection of the child, the punishment can be increased to a rigorous imprisonment for five years and/or a fine of five lakhs rupees (second proviso)

Infliction of any kind of physical punishment or mental harassment in school on children ageing six to fourteen years of age is also prohibited under section 17 of the Right of Children to Free and Compulsory Education Act, 2009. This can result in disciplinary action under the service rules applicable to such person.

Stalking women

Unreasonably or unjustifiably following a woman or trying to make contact with her, despite a clear indication of her disinterest, is an offence under section 254D of the Indian Penal Code. The section also entails the possibility of abuse through technology if it results in fear of violence or disturbs the mental piece of the woman. The punishment on the first conviction includes imprisonment for up to three years along with fine and can be increased to up to five years of imprisonment along with fine on subsequent counts.

Trespassing into a stranger’s house

Entering a house or remaining inside it, without authorisation, to commit an offence, intimidate, annoy or insult the person in possession of such a house is a penal offence (section 41 r/w section 442 of the Indian Penal Code). The punishment includes imprisonment for up to one year and/or fine of one thousand rupees (under section 448 of IPC)

For more information on trespass and how to deal with trespassers over your property, click here.

Throwing stone/wood/or any other thing at a train

Section 150 of the Railways Act, 1989 makes throwing a stone, wood or any other object at or across any railway punishable by imprisonment for life or rigorous imprisonment for up to ten years.

Also punishable under the same section is:

• Displacing/loosening of the rail, sleeper or anything related to railways; or
• Turning/moving/unlocking/diverting any of its machinery; or
• Making, showing/hiding, or removing a signal or a light near a railway; or
• Anything that is done with the intent or knowledge of endangering the safety of the people travelling in the railways.

If any of these acts are done with the intention to cause death and the action results in the death of any [emphasis] person, the punishment can be increased to death penalty or imprisonment for life. Having knowledge that such an act would cause the death of a person in all probabilities, or is likely to cause death also warrants a similar increase in punishment.