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Wandering the streets at 1:30 in Night is Not a Crime- Mumbai Court

Sonal Bhargava | Prabhat Bandhulya

In State of Maharashtra v. Sumitkumar Basantram Kashyap, the prosecution claimed that the respondent was guilty of violating Section 122(b), which makes it illegal to conceal one's face between sunset and sunrise. When patrolling officers asked inquiries, the accused was standing with his face covered with a handkerchief and couldn't answer them correctly. A First Information Report (FIR) was filed against him under Section 122(b) due to the vagueness in his answers. In this case, the Court decided that wandering the streets at 1.30 a.m. is not a crime. NA Patel, the Metropolitan Magistrate in Girgaon, Mumbai, stated that 1.30 a.m. is not late in a city like Mumbai and that no night curfew was in effect at the time. He also stated that a person who wears a handkerchief instead of a mask is not attempting to conceal their identity. As a result, the Court decided to acquit the individual three days after his arrest, finding him not guilty.

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