Is it legal to smoke in public places in India?

No. Smoking in public places is strictly prohibited under Section 4 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003. The law aims to protect non-smokers from the harmful effects of passive smoking.

"Public places" include hospitals, educational institutions, public offices, court buildings, libraries, railway stations, bus stops, and shopping malls.

While "open spaces" like certain roads or parks are often debated, the Supreme Court in Murli S. Deora v. Union of India emphasized a broad ban to protect public health. Violation of this law attracts a spot fine of up to ₹200.

However, smoking is permitted in designated smoking areas within hotels (with 30+ rooms), restaurants (30+ seating capacity), and airports, provided these areas are physically separated and equipped with independent ventilation systems.