Section 91 of the Delhi Police Act, 1978 - Behaving Indecently in Public
Section 91 addresses wilful indecent exposure, indecent language and indecent, riotous or disorderly behaviour in specified public places and public offices. The provision concerns conduct and context; it should not be treated as a general ban on lawful expression or presence in public.
Full text of Section 91
No person shall wilfully and indecently expose his person in any street or public place or place of public resort or within sight of, and in such manner as to be seen from, any street or public place or place of public resort, whether from within any house or building or not, or use indecent language or behave indecently or riotously or in a disorderly manner in a street or public place or place of public resort or in any office, police station or station house.
Meaning and scope of Section 91
Wilful and indecent exposure
The first part addresses exposure that is both wilful (deliberate) and indecent. It expressly extends to conduct visible from a street or public place even when the person is inside a house or building. The statutory wording requires attention to the nature of the exposure, intention, visibility and surrounding circumstances; accidental exposure is not automatically the same as wilful indecent exposure.
Indecent language
The section also refers to the use of indecent language in the listed settings. Whether particular words amount to indecent language is a contextual legal question. Mere disagreement, criticism or unpopular speech should not automatically be labelled an offence.
Indecent, riotous or disorderly conduct
The final limb concerns behaviour that is indecent, riotous or disorderly. These expressions refer to the character of conduct, not simply the fact that a person is present in a crowded place. The evidence must be evaluated against the particular statutory limb alleged.
Places covered by Section 91
- Streets and public places: places accessible to the public in the circumstances covered by the Act.
- Places of public resort: locations where members of the public commonly assemble or visit.
- Private premises visible from public areas: the exposure limb can apply where the conduct is visible from a street or public place, subject to its other requirements.
- Offices, police stations and station houses: expressly mentioned for indecent, riotous or disorderly behaviour.
Illustrative situations
- A person deliberately exposing themselves indecently in full view of pedestrians may fall within the first limb.
- Indecent language directed at people in a public place may require assessment under the second limb.
- Riotous or disorderly behaviour at a police station may fall within the final limb.
- An accidental wardrobe malfunction or peaceful disagreement does not, by itself, establish every element of an offence under Section 91.
Penalty and related statutory provisions
Section 97 of the Delhi Police Act, 1978 prescribes penalties for contraventions of Sections 80 to 96, which include Section 91. The applicable penalty should be read from the current official text of Section 97 and any relevant amendments rather than assumed from the conduct alone.
Section 92 separately addresses obstruction or annoyance of passengers in streets, while Section 93 addresses misbehaviour intended to provoke a breach of the peace. Each provision has distinct requirements.
Other laws and individual rights
Depending on the facts, separate provisions of the Bharatiya Nyaya Sanhita, 2023, effective from 1 July 2024, may also be relevant. A charge under one law does not dispense with proof of its particular elements. Constitutional protections, including freedom of speech under Article 19 and personal liberty under Article 21, remain relevant to the interpretation and enforcement of public-order laws.
Official legal sources
- Delhi Police Act, 1978 - India Code official PDF (Sections 91 and 97).
- India Code - official central legislation portal (for current statutes and amendments).
- Delhi Police - official website (administrative information).
Legal information only. The facts, statutory definitions, applicable amendments and judicial interpretation must be considered in an individual case.