Section 95 of the Delhi Police Act, 1978: Committing Nuisance in or Near Streets

Section 95: Original statutory text

Section 95 is headed "Committing nuisance in or near street, etc." It provides:

No person shall in or near to any street, public place or place of public resort-

1. commit a nuisance by easing himself; or
2. having the care or custody of any child under seven years of age, suffer such child to commit a nuisance as aforesaid; or
3. spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by.

The three clauses identify distinct forms of conduct. Their exact language matters when determining whether a particular incident falls within the provision.

What Section 95(a), (b) and (c) mean

Clause (a): Relieving oneself in or near a public area

The expression "easing himself" refers to relieving oneself. Clause (a) addresses doing so as a nuisance in or near a street, public place or place of public resort. It concerns public hygiene and the effect of the act on the surroundings; it should not be interpreted as a prohibition on using properly designated sanitation facilities.

Clause (b): A child under seven in a person's care

Clause (b) specifically refers to a person who has the care or custody of a child under seven years of age and suffers that child to commit the nuisance described in clause (a). The provision is directed at the responsible person's conduct and the circumstances. It does not state that a child under seven is personally punishable under this clause.

Clause (c): Spitting or throwing waste that annoys passers-by

Clause (c) addresses spitting or throwing dust, ashes, refuse or rubbish in or near the specified places so as to cause annoyance to any passer-by. That last phrase is an express element of clause (c). The provision should not be paraphrased as a blanket ban on every conceivable disposal of waste regardless of context.

Important legal expressions and scope

Street

Read with the definitions in Section 2 of the Delhi Police Act. The particular location and its use are relevant to application of the provision.

Public place or place of public resort

Locations covered by the Act's wording; whether a site qualifies should be assessed against the statutory definitions and facts.

In or near

The section is not limited to conduct taking place in the middle of a road. Conduct near the identified public areas can also fall within its scope.

Nuisance

In clauses (a) and (b), the specified act of relieving oneself in the circumstances described. The term should be read in the context of the complete provision.

Passer-by

A person passing through or along the area; clause (c) expressly links the specified conduct to annoyance to a passer-by.

Penalty under Section 97 and other applicable rules

Section 97 of the Delhi Police Act sets out penalties for offences under Sections 80 to 96, including Section 95, according to its terms. Consult the latest official text and amendments for the applicable punishment and any procedural requirements; a fine amount should not be assumed without checking the operative law.

Municipal sanitation and solid-waste rules may impose separate obligations relating to littering, waste disposal and cleanliness. The Solid Waste Management Rules, 2016, together with applicable municipal by-laws and subsequent amendments or replacement rules, may be relevant depending on the conduct and date. These rules should not be treated as identical to the specific elements of Section 95.

Where the facts disclose another criminal offence, the Bharatiya Nyaya Sanhita, 2023, in force for new offences from 1 July 2024 subject to transition provisions, may also require consideration. The Delhi Police Act remains a separate statutory source of the conduct prohibited here.

Practical examples and public hygiene guidance

• A person relieving themselves beside a public footpath in a manner constituting a nuisance may engage clause (a).
• A person responsible for a child under seven who permits the child to commit the nuisance described in clause (a) may engage clause (b), depending on the facts.
• Someone throwing ashes or rubbish toward pedestrians so that passers-by are annoyed may engage clause (c).
• Using designated toilets and disposing of refuse through authorised collection systems helps avoid nuisance and sanitation violations.

Important: The statutory conditions, evidence, location and applicable rules must be considered before concluding that an offence has occurred. A mere allegation is not proof of a contravention.

Frequently asked questions

What does Section 95 of the Delhi Police Act prohibit?

It prohibits the three forms of nuisance expressly listed in clauses (a), (b) and (c) in or near a street, public place or place of public resort.

Does Section 95 apply to a caregiver of a young child?

Yes. Clause (b) expressly addresses a person with the care or custody of a child under seven who suffers the child to commit the nuisance described in clause (a).

Is throwing rubbish always an offence under Section 95(c)?

Clause (c) specifically refers to throwing the listed materials so as to cause annoyance to a passer-by in or near the specified places. Other sanitation rules can impose additional restrictions.

Which provision deals with punishment?

Section 97 addresses penalties for offences under Sections 80 to 96. Verify the current statutory wording before relying on a particular penalty.

Official legal references

Read the Delhi Police Act, 1978 (India Code statutory PDF) and the India Code legislative database for statutory text and updates. For local enforcement information consult the official Delhi Police website and the Municipal Corporation of Delhi for municipal sanitation requirements. Related articles include Section 91 (indecent conduct) and Section 96 (disregard of notices in public buildings).

This article is general legal information. Confirm applicable amendments, notifications and local rules for the date and circumstances of any incident.