Basic Laws and Rights Every Indian Must Know

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Indian Constitution has provided so many laws to the general public for the protection of their rights. But unfortunately, many people are not aware of them hence they face many difficulties in their day to day life. This article covered some basic laws like Motor Vehicle Act 1988, section -185 202, Criminal Procedure Code, Section 46 etc.

1. Motor Vehicle Act 1988, section -185 202

At the time of driving if your 100ml. blood contains more than 30mg. of alcohol then the police can arrest you without a warrant.

2. Criminal Procedure Code, Section 46

No woman cannot be arrested before 6 A.M. and after 6 P.M.

3. Indian Penal Code, 166 A

A Police officer can’t refuse to lodge an FIR if he/she does so they could be jailed for up to 6 months to 1 year.

4. Indian Srius Act, 1887

Even any 5-star hotel can’t prohibit you from drinking potable water and using its washrooms.

5. Motor Vehicle Act, 1988

As per Section 129 of the Indian Motor Vehicle Act, wearing the helmet is a must for two-wheeler riders. Section 128 of this Motor Vehicle Act limits the maximum two riders on the bikes. This law also says that if the traffic police officer snatches the key from the car or motorcycle, it is illegal. You have the full right to launch a Legal proceeding against the officer.

6. Domestic Violence Act, 2005

If a young boy and a girl want to live together in “live-in relationship” , they can do so because it is not illegal. Even the newborn from this relationship is also a legal son or daughter and this newborn has the full right in the assets of his/her father.

7. Police Act, 1861

A police officer is always on duty whether he/she wearing a uniform or not. If a person makes a complaint to the officer, he/she could not say that he can’t help the victim because he/ she is not on duty.

8. Maternity Benefit Act, 1961

No company can fire a pregnant woman. It may be punishable by a maximum of 3 years of imprisonment.

9. Income Tax Act, 1961

In the case of tax violations, the tax collection officer has the power to arrest you but before arresting you, he/she will have to send a notice to you. Only Tax Commissioner decides how long you will stay in the custody.



10. Hindu Marriage Act, Section -13

10. As per the Hindu Marriage Act, 1955 (any husband or wife) may apply for divorce in the court on the basis of Adultery (physical relationship outside of marriage), physical and mental abuse, impotency, to leave home without information, to change Hindu religion and adopt other religion, insanity, incurable disease and no information about husband or wife for seven-year.

11. Code of Criminal Procedure, 1973

Only women police constable can arrest women.  Male constable doesn’t have the right to arrest women. Women have the right to deny going to police stations after the 6 P.M. and before the 6 A.M. In the case of a serious crime only after receipt of the written order from the magistrate, a male policeman can arrest a woman.

12. As per the Citizen Charter (Indian Oil Corporation website)

There are very few people who know that if their gas cylinder blasts during the cooking of food then the gas agency is liable to pay Rs. 40 lakh to the victim as compensation. To claim this compensation consumer need to lodge an FIR to the nearest police station and submit it to the concerned gas agency.

13. Foreign Contribution Regulation Act (FCRA), 2010

It would surprise you to know that if you take a gift from any company on the occasion of a festival, it falls into the category of bribery. You can also be sentenced to jail for this crime.

14. Automotive (Amendment) Bill, 2016

If you are fined for a crime (like riding without a helmet or any other reason) then you will not be fined for the same reason in the same day.

15. Maximum Retail Price Act, 2014

Any Shop keeper can’t charge more than the printed price of any commodity but a consumer has the right to bargain for less than the printed price of a commodity.

16. Limitation Act, 1963

If your office does not pay you then you have the power to file an FIR against it within 3 years. But if you report after 3 years, you will not get anything for the due.

17. Section 294 of the Indian Penal Code

If you are found involved in “obscene activity” at a public place, you can be imprisoned for 3 months. But in the absence of an exact definition of obscene activity police has always misused this act.



18. Hindu Adoption and Maintenance Act, 1956

If somebody belongs to Hindu religion and have a son or grandson then he can’t adopt a second child.

There must be a gap of at least 21 years between you (the adopter) and your adopted son.

19. Delhi Rent Control Act, 1958, Section 14

If you are living in Delhi then your landlord does not have the right to forcefully vacate your house without giving prior notice to you.

20. Right to FILE an F.I.R

Any individual who is the witness or victim of a happening incident can file an F.I.R. But the police can file an F.I.R only in cases of cognizable offences. Such cognizable offences include incidents like murder, rape, attacks which includes force, theft etc. If in case, any police officer denies filing the F.I.R for the cognizable offence, the victim can directly go to Superintendent of Police and write an application for the same. If the Superintendent of Police also doesn’t take any action then the victim can go to the magistrate who will pass the order for the investigation of the case.

21. Arrest and Investigation

For the investigation and checking the premises of a person, a police officer should have a warrant with them. According to the law, no police officer can enter the house or the property of a person without having the necessary warrant. But as far as arresting is considered in the cognizable offences, there is no need of a warrant, but while arresting the individual in case of non-cognizable offence there is a requirement of the warrant and police officer cannot arrest the said individual without having the warrant.

22. Free Legal Aid

According to Article 39-A of the Indian Constitution, the government has enacted the Legal Services Authorities Act, 1987 to provide free legal aid service to all the individuals who cannot afford to opt for the lawyer. An application has to be filed with the legal services authority with the request for a lawyer which in turn will provide a lawyer for the said purpose.

23. Producing before the magistrate in 24 hours

In case of an arrest of an individual by a police officer in a cognizable offence, the same individual must be produced in front of the magistrate before 24 hours. If there is any failure to do the same will lead to the release of the individual no matter what was his/her offence.

24. Right to privacy

According to section 164 of the Code of Criminal Procedure, 1973, a rape victim can give her statement to the district magistrate privately. There is no need for giving the statement in the presence of the third party.

25. CHEQUE BOUNCE
If you have received payment via a cheque, which later bounces, you should immediately contact a lawyer and give a legal notice to the person who is supposed to pay you. If you do not receive payment within 15 days of the legal notice, you can file criminal charges against the person and he might go to jail for it.
26. ARBITRATION
The arbitration clause in any agreement provides the parties with the option of appointing an independent arbitrator to solve any disputes, without having to go to the court. However, this clause closes the court doors for good, and with it, also makes sure that you won’t be able to avail the three-tier appeal process. Appeal can be made in arbitration in very few cases, and an arbitral decision is binding on the parties, just like a court decision.
27. CRIMINAL OFFENSES
The Criminal Law Act underwent significant changes in 2013 and each crime was defined under separate sections. Acid attack or its attempt, sexual harassment, voyeurism, intention to disrobe a woman, sexual harassment and stalking can all incur jail terms.

Source: Jagronjosh, Libra Lawyer