In a recent order, the Mumbai court has said that when there is no night curfew, it is not an offense to wander on the streets at late night. The court also said that 1:30 am is ‘not too late’ in a city like Mumbai. Mumbai police have booked a 29-year-old man who was found sitting on a road in South Mumbai ‘under suspicious circumstances.’
The court said “The accused was arrested in Mumbai at around 1:30 am. In a city like Mumbai, 1:30 am is not too late. Anyone can stand on or near the road. Therefore, it cannot be termed as hiding identity with intent to commit an offense. Even if it is assumed that 1:30 am is too late, then also wandering on the streets is not an offense when there is no night curfew. Admittedly, there is no night curfew in Mumbai, therefore if the accused was standing on the road, it is not an offense.”
