🧾 Legal Awareness: Rights of Citizens in Public Places Under Indian Law

 

✒️ Authored by:
Advocate Saurabh Savara
Practising at the Punjab & Haryana High Court, Chandigarh
(For legal awareness purposes only)

---

📜 Introduction

The public domain in India—whether a park, a bus stand, a railway station, or a protest site—is governed by a structured set of rights and restrictions. With the introduction of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), citizens must reorient their understanding of public rights and legal awareness in India.
This blog aims to serve as a citizen’s legal guide, presenting key constitutional protections, judicial precedents, case studies, and controversial issues, ensuring you not only know your rights—but exercise them responsibly.

🧭 Constitutional Rights in Public Spaces

• Article 14 – Equality before law
• Article 19(1)(a) – Freedom of speech and expression
• Article 19(1)(b) – Right to peaceful assembly
• Article 21 – Right to life and personal liberty
• Article 25 – Freedom of religion in public practice

⚖️ These rights are not absolute. They are subject to reasonable restrictions under public order, decency, morality, and state security.

🛑 Police Powers in Public Spaces – BNSS, 2023

🛡️ Arrest & Detention without Warrant

• BNSS 35 empowers police to arrest without a warrant only in cognizable offences.
• For minor offences (under 3 years imprisonment), BNSS mandates summon instead of arrest unless the person is a repeat offender.

📚 Judgment: D.K. Basu v. State of West Bengal [(1997) 1 SCC 416] – Guidelines on arrest must be followed, failing which action against police is maintainable.

📷 Right to Record Public Officials

You are legally permitted to video record public servants (including police) in a public space—so long as you do not interfere in their lawful duties.

🔍 Controversy: In 2023, various FIRs were filed against journalists and citizens for filming police action. Courts reiterated the citizens’ constitutional right to document state action.

📢 Right to Peaceful Protest

Even under new laws, the right to protest remains protected under Article 19(1)(b). However:

• Permissions are needed from local authorities.
• BNSS 148 allows use of force to disperse unlawful assemblies, but force must be minimum and proportionate.

🧑‍⚖️ Case: Mazdoor Kisan Shakti Sangathan v. Union of India – SC: Right to protest is fundamental, but cannot obstruct rights of others.

🚷 Loitering, Sitting in Parks, Using Public Transport

There is no offence of loitering under Indian law unless coupled with suspicion of crime.

• BNSS replaces vague loitering provisions (old CrPC 151), now requiring specific threat to public peace.
• No authority can evict you from public transport or parks without legal cause.

🧑‍⚖️ Case: Delhi HC (2022) ruled detention for “suspicious movement” alone is unconstitutional.

🕵️‍♂️ Public Searches and Seizures

• Police cannot search a citizen in public without legal basis.
• BSA 2023 mandates electronic evidence collection must follow privacy safeguards.

📚 Judgment: State of Punjab v. Balbir Singh – illegal searches under NDPS Act render cases void.

🧨 Controversial Practices and Legal Overreach

• Misuse of CrPC 144 (now BNSS 173) for indefinite curfews and suppressing peaceful gatherings.
• CCTV cameras in changing rooms and toilets raised serious privacy issues—Petitions filed across High Courts.
• Labeling any crowd as “unlawful assembly” without judicial review has been abused.

🧪 Case Study

Case: Umesh v. State of Uttar Pradesh (2021)
Issue: Peaceful farmers’ gathering declared unlawful; force used.
Outcome: Allahabad HC ruled in favour of protesters, ordered compensation.
Learning: Protests must be met with dialogue, not disproportionate force.

🧠 Legal Awareness: What Should Citizens Know?

• You can walk, sit, film, protest peacefully in public places—but do not obstruct others’ rights.
• No arrest for sitting in a public park unless you breach peace.
• If detained, ask:
  • Under which law are you being held?
  • Request written grounds.
  • Ask for lawyer access (BNSS makes this mandatory).
• Public places are not above the Constitution — police and officials are answerable.

📌 Conclusion

In public spaces, rights must be exercised with caution and consciousness. The new criminal laws seek to streamline arrest, detention, and police powers, but must be read with constitutional principles to prevent misuse. Every citizen must be armed not with weapons, but with legal awareness—to walk freely, speak bravely, and stand firmly.

📚 Disclaimer

This article is intended solely for the purposes of legal awareness and public education. It is not legal advice or advertising. The views expressed are those of the author, Advocate Saurabh Savara, practising before the Punjab & Haryana High Court, Chandigarh. Readers are advised to consult a qualified legal professional for advice on specific legal matters. The author accepts no responsibility for reliance placed on the content herein.