Driving and Smoking

Introduction :

When it comes to smoking inside a car while car standing along roadside then there is no issue however, it gets little dangerous when you are driving and smoking as this will come under distraction while driving and then driving with a lit cigarette will be considered as dangerous situation however, on the other hand smoking cannabis is a complete “NO” while driving according to a research.

Smoking tobacco and driving is not as deadly combination as smoking weed and driving is. Smoking weed makes the nervous system to perform activities with slow pace which in turn impacts the concentration, impacts the locomotive activities of the person, many times because of smoking weed many people gets into a euphoric condition (acute feeling of happiness and well being) thus, delay can be seen in handling the automotive pedals which can cause tough conditions for the driver. And on the other hand Smoking cigarettes’ also have ill effects, many tobacco components have carcinogenic substances in them which can cause cancer to the consumer.

Smoking tobacco have ill effects on various parts of the body i.e. oral cavity ( many times in the advertisement which plays in cinema halls before every movie in which a lady always tells her life story, how she has suffered the ill effects of smoking and many such instances are shown which tells about the consequences which every tobacco smoker or the person who chews tobacco ignores) ,lungs, larynx, pharynx, esophagus, stomach, pancreas and many other parts as well are at risk of cancer.

Smoking inside car :

Smoking inside car is only legal when car is standing and you are all alone in car and it is not legal when you are driving and when you are having passengers. Many people still do smoking it not only harms a person himself however it has big impact on atmosphere as well. It’s just the habit loop in which smokers get caught in and this habit doesn’t leave after some time.

Laws of smoking inside car :

It was practiced earlier everywhere because there was no bar for smokers to smoke in front of other people. But later, it was banned in the year 2008. Under COTPA Cigarettes and other tobacco ( The tobacco products are prohibited according to it, advertisement, regulation of trade of tobacco and commerce, production, supply and distribution all these activities are prohibited ) Act, 2008. COTPA came into force on 2nd of October,2008 under this act smoking is not allowed in public places and is considered unlawful if someone partakes it publicly. However, this act also suggests that for the purpose of smoking separate rooms must be spared in hotels, airports, restaurants, auditoriums so that smoking can be done there.

Publicly smoking was banned under COTPA but there is no acknowledgment clearly made for smoking in private vehicle.

What is passive smoking? What is second hand smoking or third hand smoking? Passive smoking is not direct smoking, in passive smoking person herself/himself doesn’t smoke rather tobacco from air. Second hand smoking is defined as inhaling tobacco through air which is released by the person who is smoking near you it is called as second hand smoking. However , third hand smoking is inhaling air containing tobacco residuals which were earlier absorbed by the surfaces soft products and this tobacco residuals is time to time released by the soft products to the surrounding and when this is inhaled by the third person then it is known as third hand smoking ( for example : Hari was a smoker and Pari was not and Pari bought a car from Hari and as Hari was a smoker so whenever hari smoked it got absorbed by the upholstery of car. And now Pari is doing the third hand smoking though she was not a smoker). Long exposures in passive smoking is very dangerous because of this many people become ill and have intense effect on working of their body.

Does smoking decreases the value of car if you smoke inside the car ?

There is no doubt that the Price of a is car gets depreciated when it has a smell of smoke. The tobacco ingredients gets absorbed by the upholstery which will keep the inside odor of the car always smoky. And this will in turn will cause loss to you, while selling your vehicle.

No one wants to buy a car which stinks. When people check what the inside of the car smell like before buying it and if a your car smell smoky then there are chances pretty high that buyer won’t consider your car on their list. Leather seats retain the smoke odor inside them so no matter much how much you try to mask it, it will surely spoil the internal odor of your car.

Driving and Smoking

Driving and smoking has become a very well established practice now days and not only tobacco but weed is also coming in this category.

Can you smoke inside of a car?

The number of cars on the road number is increasing and also the number of smokers is increasing. This increasing number of cars is conferred to the of availability of cars at low price which are providing it’s customers with more perks then ever before. Now back to the questions, can you smoke inside of a car? Is smoking cigarettes’ inside of a car illegal ? and answer to these questions is that yes smoking inside of a car is not illegal however, smoking while driving is illegal conferred as distractive driving and many activities related to smoking is considered illegal. Partaking cigarettes inside cars along with adolescent (under 18) years of age ) beside you is a complete unlawful and also tossing out buts of cigarette out of your car is under the category of illegal proforma and also smoking publicly is also an offence to the laws. As smoking gives no choice to other passengers inside the car majorly but smokers can go with the choice of not smoking in front of them.

Smoking at parking slots is also prohibited and one can be stringently punished for their act. Smoking was prohibited in public places according to the 2001 verdict ( case between Deora vs Union of India ) which states that smoking is restricted at any public place including markets, malls, hospitals etc. According to the 2001 verdict one cannot smoke in public vehicles or else will be fined for their act however, there is no clear acknowledgement for smoking in private vehicle so people have found this loophole thus, many times consider smoking inside their vehicle when lone. Many times when a person is with their family or friends, he/she doesn’t think of consent of their loved ones and smoke in their presence and this is a completely wrong thing because passengers are doing passive smoking which is also many times a contributing factor to the ill effects on the health of people. States also have their own laws when it comes to different states that is why at some places smoking is strictly restricted even in your own vehicle and if you do so then you will surely find yourself in the cue of fine paying.

Many people doesn’t think of smoking inside their private vehicle unlawful despite having vehicle full of passengers, according to them they are smoking with everyone’s consent but still it would be unlawful as it is not a private affair anymore if 5,6 people are involved. When anyone is getting harmed with your unlawful activity then it won’t be considered good. How can it become lawfully right with consent of people because ultimately they are doing the passive smoking, knowingly or unknowingly they are harming themselves and laws are made for the betterment of people only so if someone is smoking in front of you even with your consent then it is surely an unlawful act and also an act of negligence.

Smoking inside parked car:

This comes to the mind of many people, is smoking inside cars legal or illegal if cars are parked then the answer to this question is that it is not legal to smoke inside when it is parked. According to laws in India it is not permissible to smoke in a parking lots as parking spaces are considered as a public place and smoking there means that one is breaking the law as according to the “Prohibition of smoking in the public places rules 2008 “one is not allowed to smoke in the public places if one do so then they will be fined.

Smoking in public area is making contribution in the passive smoking or second hand smoking so for this reason it is illegal to smoke in parking lots. Laws were made to inhibit passive smoking as much as possible as passive smoking is associated many times with health problems and diseases, especially in children that is why there is prohibition of smoking in front of children.

Is it legal to smoke weed in your car ?

Smoking weed is not legal nor it’s consumption nor it’s production and also there is a big no for commercialization. There is strict laws for usage of cannabis in India though Uttarakhand became the first state in India to become a state which have started cultivation of cannabis legally for industrial usage.

In many countries usage of weed has become legal however, one have to carry it in sealed way only, so that the cannabis will not come in direct contact to the passengers in the car. One have to keep weed inside the boot or away from people, if someone doesn’t go by the laws then they have to pay the hefty fine which will be levied on them. Though cannabis usage became legal in many countries still it is strictly not allowed to smoke it inside car as smocking weed affects the nervous system of the smoker and this will have ill effects while driving the vehicle.

Smoking weed in India :

Weed carriage, consumption, production, commercialization and also the production all these things are prohibited in India. According to the laws in India one cannot use weed ( marijuana, cannabis, bhang etc.) commercially and personally.

Smoking in vehicle with a minor:

Smoking inside vehicle is illegal while driving and also smoking in vehicle is illegal when you are having a minor beside you. But why smoking with a minor is a concern ? They are also humans though younger. The reality is little different, one should not smoke in front of minors because of the passive smoking. Early exposure of children to the tobacco contents causes deteriorating result on their health later in life that causes major health issues to them so one must avoid having cigarettes in front of young ones. Another demerit about smoking is that in front of minors is that they will start imitating you and will eventually end up becoming a smokers like you.

Violation of law :

If you violate the law then you will be fined for 200Rs and can attract a jail period of 3 months.

When it comes to violation of laws for weed then two type charges can be made on a person :

  • Charges for Personal usage : Under NDPS Act possession of small amount of weed (opium, cannabis) will attract fine up to 10,000Rs or jail of 6 months and when the amount is high but not for commercial purpose then the fine on weed possession will be 1 Lac and 10 years of jail.
  • Charges for commercial usage : Under NDPS Act one cannot use weed for commercial purposes When traded in India only (inter state of intra state) then similar fines as above will be attracted however, if traded outside India then fine of 1 Lac to 2 Lac along with this one will be put behind bars for period between 10 years to 20 years ( nevertheless of the quantity ).


  • The Health Effects of Passive Smoking: An Overview of Systematic Reviews Based on Observational Epidemiological Evidence – https://pubmed.ncbi.nlm.nih.gov
  • [Smoking while driving and its consequences on road safety] : https://pubmed.ncbi.nlm.nih.gov
  • Punishment for offences / Department of revenue : https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences

Also Read :

Best Safe Cars for Family in India in 2023

Best Car Brands in India 2023

Leave a Comment

Your email address will not be published. Required fields are marked *