If you are stuck in such a situation, here is what to do.

Ms. Anika, a 20-year-old architecture student from the city of Chandrapur, found herself in a deeply uncomfortable and ironic situation. One evening, she was with an acquaintance, Mr. Rohan, in his parked car. In a moment of impulsiveness, they were kissing. The car was parked in a quiet, upscale residential area, which unfortunately was also part of a high-security zone due to its proximity to a prominent public figure’s residence.

Their private moment was abruptly interrupted by the sharp knock of a police patrol team. The officers asked them to step out of the vehicle. Although they were fully clothed and had not engaged in any act beyond kissing, the police began a stern interrogation. They were questioned about their presence, asked for identification, and their phone numbers were noted down. Ms. Anika, feeling intimidated by the authoritative questioning and moral policing, tried to explain that they meant no harm and would leave immediately. The experience left her feeling embarrassed and shaken, wondering about the legal ramifications of a seemingly private act in a public space.

Advice in such cases

• Stay calm and composed. Panicking or getting aggressive can escalate the situation.
• Cooperate with the police to a reasonable extent, such as providing your identification. However, you are not obligated to answer every personal question or hand over your phone without a proper legal basis.
• Do not argue heatedly or use inflammatory language. Address the officers respectfully, for example, as “Sir” or “Madam.”
• Politely state that you were not causing any disturbance and were unaware of any wrongdoing.
• Never offer a bribe. Attempting to bribe a police officer is a serious criminal offense.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Previously, such incidents were often dealt with under Section 294 of the Indian Penal Code (IPC). However, with the implementation of the new criminal laws, the relevant provision is now Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Section 296 of the BNS penalizes anyone who: (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, to the annoyance of others. For an act to be considered an offense under this section, two key ingredients must be met:

• The act must be legally defined as “obscene.”
• The act must cause “annoyance to others.”

The Supreme Court has, in several judgments, held that for an act to be obscene, it must be offensive to public decency and morality. A kiss in a private vehicle, even if parked in a public place, may not necessarily meet this standard. Furthermore, the element of “annoyance” is crucial; typically, the police would need a complaint from a member of the public who was genuinely annoyed by the act.

If you are the complainant

If you are a resident or a passerby who is genuinely disturbed by an act of public indecency, you have the right to report it.

• You can file a formal complaint at the nearest police station, clearly stating how the act caused you annoyance.
• If you have any evidence, such as noting the vehicle number or the time of the incident, provide it to the police. Avoid recording people without their consent as it may lead to other legal issues.
• Be prepared to give a statement and testify if the matter proceeds to court. The prosecution’s case often hinges on the testimony of the person who was annoyed.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you find yourself in a situation like Ms. Anika’s, where you are being questioned by the police, it is important to know your rights.

• Do not admit to any wrongdoing under pressure. You have the right to remain silent.
• You are not required to give a written apology or statement on the spot.
• Note the name and badge number of the police officers if possible. This can be useful if you need to file a complaint against them for harassment later.
• Police cannot force you to unlock your phone or seize it without following the due procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Politely refuse any demands for money and report any such demands to a senior police officer or an anti-corruption agency.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In situations involving couples and perceived public indecency, police conduct can vary. Often, officers engage in “moral policing,” which has no legal basis. Their actions may include:

• Intimidation and shaming the individuals involved.
• Threatening to inform their parents or employers, using this as leverage.
• Attempting to extort money in exchange for not filing a case.
• Booking individuals under vague sections of the law without sufficient evidence.

While some officers may act out of a genuine concern for public order, others may overstep their authority. It is crucial for citizens to be aware of the limits of police power.

FAQs people normally have

Is kissing in a car illegal in India?
No, there is no law that explicitly makes kissing in a car illegal. However, if the act is deemed “obscene” and causes “annoyance” to others in a public place, it can attract penalties under Section 296 of the BNS. A car is generally considered a private space, but its location in a public area can complicate the matter. The context is key.

Can the police arrest me for such an act?
An offense under Section 296 of the BNS is a bailable offense. The police cannot arrest you without a warrant for such an offense. They may issue a notice for you to appear at the police station for investigation as per the procedure under the BNSS.

What if the police threaten to call my parents?
This is a common intimidation tactic used to pressure young adults. While the police can inform your family if you are formally arrested, using it as a threat in a minor incident like this constitutes harassment and misuse of power.

What evidence is required?

For the prosecution to succeed under Section 296 of the BNS, it must present evidence to prove both obscenity and annoyance.

• The primary evidence required is the testimony of the person or people who were annoyed by the act. Without a complainant, a case is very weak.
• The police must prove that the act was “obscene” by community standards, not by their personal moral judgment.
• Any CCTV footage or independent witness testimony could be used. However, the statement of the accused, if made voluntarily, can also be a piece of evidence.

How long will the investigation take?

In most such cases, if no formal FIR (First Information Report) is registered, the matter ends with a warning from the police. If an FIR is filed under Section 296 of the BNS, the police are required to conduct an investigation and file a final report before the court. As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), the investigation should be completed in a timely manner. For minor offenses, this process can take anywhere from a few weeks to a few months, after which the police will either file a chargesheet to proceed with the trial or a closure report if they find no evidence.

Advocate Sudhir Rao, Supreme Court of India