Reveller's Legal Handbook

Say you're in a party at a friend's. There is a knock on the door. Your friend, being the eager host that he is, gleefully opens the door expecting another guest or two, right? Wrong. Because, to his horror, he finds a stern looking policeman, or ten.

So where does that leave you? Well, the answer to that question depends upon the answers to the following set of questions.

(NOTE: The contents of this blog are, for the most part, as per the law in force in Maharashtra. Party people in other states really should take the trouble to figure out the laws in their own state.)

(Click on the thumbnail below for a visual representation of the problem)

Does the policeman have a right to enter your friend's abode without a warrant? 


Yes, provided there exist 'reasonable grounds'.

Per section 165(1) Cr.P.C. (Code of Criminal Procedure, the manual that details procedure to be followed in all criminal investigations), "Whenever an [police] officer [...] has reasonable grounds for believing that anything necessary for the purposes of an investigation [...] may be found in any place [...] and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, [...], search, or cause search to be made,[...]."[1]


In the U.S., 'reasonable grounds' have been categorised as 'probable cause'.

Said police officer is required by law to cite these 'reasonable grounds' in his report explaining why he conducted the search. Examples of 'reasonable grounds' include:

• Receipt of a complaint call by the police from annoyed residents from the neighbourhood. 
• Reports of 'shrieking women' from said residents/neighbours in complaint call. That's right, the presence of women at the party is likely to provide easy 'reasonable grounds' to the officer. Sorry ladies.
• Inappropriately parked vehicles on the street outside the designated parking area of the locality.
• Patrolling officer hearing loud and inappropriate sounds emanating from within the locality and proceeding to investigate.

etc.

Therefore, demanding that the officer produce a search warrant prior to entering the premises is likely to get your friend into a lot more trouble. The smart thing to do at this point, is to wait and watch. 

So far, you are not in trouble. And neither is your friend, the host.

If you simply must contribute, the best thing to say would be "What seems to be the trouble, officer?" in the local language. At this point, the officer is likely to state his 'reasonable grounds' and, perhaps, seek entry into the premises. This entry must be granted for the reasons stated above.

Is there loud music at the party?

If it is beyond the statutory 10pm deadline [Edit: Courtesy Sameer Pethe] and there is loud music playing at the time of entry of the police officer, your friend is most likely going to be booked under section 112 & fined under section 117 of the Bombay Police Act, 1951[2]. Your friend will be charged for committing the offence, and you for abetting it. The punishment for abetment of an offence is usually the same as that for committing the offence itself, unless otherwise specified. An example of this is Section 109 Indian Penal Code[3].

However, the punishment under these provisions is merely a fine. What this means for you and your friend is:

1. No Jail.
2. At the most, you are all required to accompany the police officer down to the police station to pay the fine, and perhaps receive an earful. Any further detention is illegal.
3. Furthermore, under section 151 "It will not [...] be incumbent on the Police to prosecute for an offence punishable under Sec. 117 [...] when such offence has not occasioned serious mischief and has been promptly desisted from on warning given". Translated: No court case unless there is "serious mischief" at the party.
4. Further still, under section 151-A, even if the police do decide to prosecute, the trial will be a 'Summary Trial' which is usually quick and painless. And even then, as per the section, a person so charged may, at any time prior to the commencement of the trial, plead guilty and pay the required fine. 
   "(2) Where an accused person pleads guilty and remits the sum specified no further proceeding in
   respect of the offence shall be taken against him."

So far, you are not in too much trouble. And neither is your friend, the host.

But what if the music is really loud, and the party is happening in or near a public place, and there are, like, 50 people?

Ah. Well you're in a bit more trouble then.

There exists a distinction between a regular party at a home and an 'organised' party. The police are normally tougher on the organised variety. A party goes from 'regular' to 'organised' when the organisers:

• Print tickets for entry to said party
• Sell and/or distribute said tickets or organise the sale and/or distribution of said tickets
• Arrange for large scale music and/or lighting systems
• Organise or permit the sale/distribution of food and/or beverages or any other commercial items at the venue of said party

etc.

Any one of the above is sufficient for such a party to be deemed a  'public event'. All such events require atleast one license from the police, specifically, atleast a license to organise a public event.

The police usually apply section 33(n) of the Bombay Police Act[4] against the party organiser(s) for 'unlicensed' organisation of a 'public event' in or near a public space. See, when there are so many people at the party, it becomes a public event. Especially if the organisers are charging for the entry, or collecting money for party-related activities. 

Even so, the punishment for an offence under Section 33(n) has been prescribed under Section 131 of the Act[[5] and is punishable with a fine, and does not include any jail time.

So, to recap, the offences you are charged with so far entail:

1. No Jail.
2. At the most, you are all required to accompany the police officer down to the police station to pay the fine, and perhaps receive an earful. Any further detention is illegal.

But if the police are really hopping mad at you and your organiser friend, they can turn up the heat by applying S. 294 of the Indian Penal Code. This is usually the case when they bust a big, public, ticketed  party.


This section is an easy read, and reads as follows:

S. 294. "Obscene acts and songs

Whoever, to the annoyance of others-

(a) Does any obscene act in any public place, or

(b) Sings, recites or utters any obscene song, balled or words, in or near any public place,

Shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both."

What you need to know about this offence is that it is: 

1. Cognizable: Translated, it means the police do not require any authorization from any Magistrate in order to perform an investigation or effect an arrest.
   
2. Bailable by Magistrate: Meaning bail may be obtained from any Magistrate before whom you are produced. However, the bad news is, you may have to spend upto, but not exceeding (as is your right), 24 hours in the lock-up of a police station prior to being produced before a Magistrate. Any further detention is illegal. But once produced before said Magistrate, bail will very likely be granted.

Once again, this section is usually invoked against the organisers of a party, and not the revellers. 

Have you consumed any alcohol?


Under Section 66(b) of the prevailing Bombay Prohibition Act, 1949 in Maharashtra, consumption of alcohol by any person under the age of 25 years is illegal. Furthermore, even persons above this age are required to possess a valid liquor license, without which all consumption is illegal.

Such a license is issued under Rule 70-D of Bombay Foreign liquor Rules 1953, which are issued under Bombay Prohibition Act 1949, and a lifetime validity license may be obtained for a modest sum of Rs. 1000 usually from your nearest Collectorate or State Excise Office.


Now, what if you really have consumed alcohol?


Section 66 then proceeds to define the penalties for illegal consumption of alcohol as follows:

OFFENCE	IMPRISONMENT		AND FINE (Rs.)
	MAX	MIN*	MAX	MIN*
1st Offence	6 months	3 months	10,000	5,000
2nd Offence	2 years	6 months	20,000	10,000
3rd Offence	2 years	9 months	20,000	10,000

*Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such 'minimum' penalty as described above shall be imposed. Translation, the Court must atleast impose the above stated minimum penalty unless it can find a special and adequate reason not to.


Also note, both fine and imprisonment are to be imposed upon the offender by the Court.


So for all the trouble that consuming alcohol without a license can cause, taking the trouble to obtain a lifetime-license appears well worth the effort.

And what can the cops do to you?


The Police have the authority to take you down to the police station and transport you to an authorised medical facility for blood-alcohol level testing in order to determine whether or not you truly have consumed alcohol.


But there is a nuance here. 


According to the same section 66, "in any trial of an offence [...] for the consumption of an intoxicant, it is alleged that the accused person consumed liquor, and it is proved that the concentration of alcohol in the blood of the accused person is not less than 0.05 percent, weight in volume, then the burden of proving that the liquor consumed [...] is not in contravention of the Act [...] shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary."


Say what? What this means is that if, in the medical tests, your blood alcohol level is 0.05% or more in terms of weight in volume, then the Court will presume you have consumed said alcohol illegally. The burden to prove that the alcohol was not so consumed illegally shall lie on the accused. So if your blood alcohol level is less that 0.05%, you are likely to get away with a fine alone. Any more and you should call your lawyer. Courts in Maharashtra, however, are not particularly inclined to sentencing accused persons to prison for such a trivial violation, nor are the police usually too keen on prosecuting such cases.



Have you consumed any drugs?


Consumption and/or possession of any banned drugs is illegal and punishable as per Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 


When the police arrive at the scene, if you have any illegal drugs on your person at the time, you may be booked for a possession charge. Further, the medical examination described above is likely to also look into the presence of drugs in your bloodstream. If you have merely consumed drugs that were available at the party, you can be booked for consumption.


The punishment will vary based on the type of drugs you have consumed and/or the quantity and type of drugs you have in your possession at the time of your arrest.


A brief overview of what one can expect as punishment for consumption is as follows:


Cocaine, morphine, heroin - Rigorous Imprisonment up to 1 year or fine up to Rs. 20,000 or both

Other drugs- Imprisonment up to 6 months or fine up to Rs. 10,000 or both

Note: Addicts volunteering for treatment enjoy immunity from prosecution


For a better understanding of how the drug laws in India work, refer to my previous post that can be found here.



Conclusion:

I have attempted to provide only the very basics of the law that a party-person in Maharashtra ought to know. Forewarned is forearmed 


If i have missed anything, or you find some of the information to be inaccurate, or you would simply like more information, feel free to leave a comment or inbox me. All feedback is appreciated.

REFERENCES

[1] S. 165, Indian Penal Code, 1860 

"(1) Whenever an officer in charge of police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.

(4) The provisions of this Code as to search warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section.

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forth- with be sent to the nearest Magistrate empowered to take cognizance to the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate."

[2] Sections 112 & 117 apply to the offence of  creating a public nuisance in, or near, a public place and read as follows:

S. 112. Bombay Police Act, 1951: Misbehaviour with intent to provoke a breach of the peace. No person shall use in any street or

public place any threatening abusive or insulting words or behaviour with intent to provoke a breach

of the peace or whereby a breach of the peace may be occasioned.

S. 117. Bombay Police Act, 1951: Penalties for offenders under Secs. 99 to 116. Any person who contravenes any of the  provisions

of Secs. 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to 2 hundred rupees.

[3] S. 109 Indian Penal Code, 1860 : 
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

[4] S.33(n) Bombay Police Act, 1951:
"licensing, controlling or, in order to prevent the obstruction, inconvience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms of other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places;"

[5] S.131 Bombay Police Act, 1951:  Penalty for contravening rules. etc., under Sec. 33. 
whoever

(a) contravenes any rules or order made under Sec. 33 or any of the conditions of a licence issued under such rule or order, [...] shall, on conviction be punished- 
[...] if the rule or order contravened or the rule or order under which the said licence was issued was made under Cls.  (n) and (o) of sub-section (1) of Sec. 33 with fine which may extend to two hundred rupees;