Section 94 of the Delhi Police Act, 1978: Prohibition Against Dangerous Kite Flying

Section 94: Exact statutory text

The heading of Section 94 is "Prohibition against flying kites, etc." The provision states:

No person shall fly a kite or any other thing so as to cause danger, injury or alarm to persons, animals or property.

The words "so as to cause danger, injury or alarm" are central. The section is concerned with the manner and consequences of flying an object, rather than declaring all kite flying unlawful.

Meaning and scope of Section 94

What conduct is covered?

The prohibition concerns a person flying a kite or any other thing in circumstances that cause danger, injury or alarm to persons, animals or property. The broad expression "any other thing" means the provision is not confined to a traditional paper kite; however, whether an activity falls within the words of the section depends on the facts.

What do danger, injury and alarm mean?

Danger

A risk or threat of harm arising from the way the kite or other object is flown, including to road users or nearby people.

Injury

Harm resulting from the activity, which may affect a person or an animal; damage to property may also be relevant to the statutory wording.

Alarm

Fear or apprehension caused by unsafe flying in the circumstances. An allegation should be assessed on the evidence rather than on mere dislike of kite flying.

The section does not require every incident to involve a completed physical injury: the provision expressly refers to danger and alarm as alternatives. Equally, kite flying by itself is not sufficient to establish a contravention.

Practical examples and safety precautions

Example 1: Flying a kite with a line across a busy road in a manner that endangers motorcyclists may attract scrutiny under Section 94.

Example 2: Flying an object near a crowd in a way that frightens people or puts animals at risk may be relevant even if no injury occurs.

Example 3: Recreational kite flying in a suitable open area, without causing danger, injury or alarm, is not automatically prohibited by Section 94 alone. Separate restrictions may nonetheless apply.

• Choose an open area away from roads, electrical lines and crowded places.
• Avoid sharp, abrasive, metallic or otherwise hazardous kite strings.
• Do not fly near airports or restricted airspace; applicable aviation restrictions are separate from Section 94.
• Follow current Delhi Government, police and other competent-authority orders concerning dangerous kite strings and flying activities.
• If someone is injured, seek urgent medical help and preserve details of the incident.

Penalties and related legal provisions

Section 97 of the Delhi Police Act

Section 97 sets out penalties for offences under Sections 80 to 96, including Section 94, subject to the exact statutory language and applicable amendments. Consult the official text before relying on a particular punishment or fine amount.

Dangerous kite strings and separate restrictions

Orders and notifications concerning Chinese manjha, nylon or synthetic kite strings, and glass- or metal-coated strings may impose additional restrictions in Delhi. Such restrictions should not be confused with the narrower wording of Section 94; their legal effect depends on the issuing authority, text, dates and territorial scope. The current position should be checked against official Delhi Government and police notifications.

Other applicable law

Where a kite string or other flying object causes bodily harm, property damage or other serious consequences, provisions of the Bharatiya Nyaya Sanhita, 2023 may also require consideration, depending on the facts. That code replaced the Indian Penal Code as the principal substantive criminal code for new offences from 1 July 2024, subject to transitional provisions. Relevant environmental, animal-welfare, aviation or municipal rules may apply independently.

For related public-order rules, see Section 92 (obstructing or annoying passengers) and Section 93 (conduct provoking a breach of the peace).

Frequently asked questions

Is kite flying completely banned under Section 94?

No. Section 94 prohibits flying a kite or other thing so as to cause danger, injury or alarm. Separate orders may restrict particular materials, locations or activities.

Does someone have to be injured for Section 94 to apply?

No. The statutory alternatives include danger and alarm as well as injury.

Are dangerous kite strings regulated separately?

They may be. Check applicable current Delhi Government and Delhi Police orders, including any restrictions on synthetic, nylon, glass-coated or metallic strings.

What is the punishment for violating Section 94?

Section 97 addresses penalties for offences under Sections 80 to 96. Verify the applicable version and any other charges in the official statute before stating an exact penalty.

Official legal references

Read the Delhi Police Act, 1978 (India Code PDF) and use India Code for legislation including the Bharatiya Nyaya Sanhita, 2023. For current local restrictions and notifications, consult the Government of NCT of Delhi and Delhi Police official websites.

This article is general legal information. A specific case may turn on current notifications, the nature of the kite string or object, the location and evidence of danger, injury or alarm.