Delhi High Court Rules Sleeping on Pavement Not Negligence

The Delhi High Court, in a recent judgment, held that sleeping on the pavement does not constitute negligence. The bench clarified that for an act to be deemed negligent, there must be a clear duty of care and a breach of that duty, neither of which is present when a person simply sleeps on the road.

The court noted that pedestrians are generally expected to use sidewalks or designated pedestrian zones, but the act of sleeping does not inherently create a risk that would be considered a breach of duty. Consequently, the decision removes the presumption of negligence in such circumstances.

This ruling may influence how future cases involving pedestrian accidents are evaluated, especially where the victim was found sleeping on the road. Legal practitioners will now have a clearer benchmark for establishing negligence in similar incidents.

The bench also urged authorities to focus on improving pedestrian infrastructure, such as building sidewalks and ensuring adequate lighting, to enhance safety rather than relying on punitive measures against pedestrians.