December 11, 2021

BASIC LAWS AND RIGHTS EVERY INDIAN SHOULD KNOW

INTRODUCTION

When we talk of knowledge about law, only people with legal backgrounds are expected to know the existing laws. By far, this should not be the case. Every person must have a decent knowledge of the law which will help him in several ways like promoting legal awareness as well as being a responsible citizen of the country in which he lives. Basic knowledge of law helps a person to tackle the problem practicably and also adds to his self-confidence. The following article mentions some rights that must be known by every citizen of India.

LAWS ARE RIGHTS EVERY INDIAN SHOULD KNOW

  • According to the Criminal Procedure Code, 1973(Crpc), No woman can be arrested before 6 a.m. or after 6 p.m. But Sub- Section (4) of the Criminal Procedure Code, 1973 also states that if the police want to arrest a woman after 6 p.m., they have to seek prior permission of the magistrate and the arrest should be made by a lady police officer.
  • Only female police officers can arrest a woman. But if there is an immediate need to arrest and there is no female police officer is available, in such a case male constables can arrest a woman.
  • The general rule is that A person cannot be arrested by a police officer without the arrest warrant for no justified reason except in the case where a person commits a cognizable offense which means an offense serious in nature such as murder, rape, kidnapping, theft, etc. which cannot be prevented.
  • According to Section 185, 202 of the Motor Vehicle Act 1988, On the time of driving in case a person is intoxicated and his 100ml. blood contains more than 30mg. of alcohol then the police can arrest him without a warrant.
  • A person cannot be slapped or forced by a police officer if there is no sign of violence from the person’s end. If done so, the person can take lawful action against the police officer.
  • According to section 25 of the Indian Evidence Act, 1872, Any confessional statements made to the police by a person will not be admissible against him in the courts of law. Since there are high chances of torture and police pressure.
  • According to section 166 A of the Indian penal code, 1860, A Police officer can’t refuse to lodge an FIR if he/she does in order that they may very well be jailed for as much as 6 months to 1 yr.
  • Any hotel or a restaurant cannot refuse a woman or a child to use the washroom or facilities such as drinking potable water.
  • According to the notification passed by the Consumer Ministry Affair in 2017, The service charge on hotel and restaurant bills is not compulsory. They are voluntary and a customer can refuse to pay it if charged over the bill.
  • According to the maternity Act, 1961, A pregnant woman cannot be fired from her job by the company, if they do so they will be punished by a maximum of 3 years of imprisonment.
  • Live-in relationships are not illegal in India and a child born out of such a relationship will be a legitimate child and have rights in the assets of the father.
  • A police officer is always considered to be on duty whether or not he/she is wearing a uniform. If a person complains, the police officer cannot use this as an exception to not help the person.
  • If there is a leakage in the gas cylinder or it blasts during the cooking of food, then the gas agency is liable to pay compensation of Rs. 50 lakhs to the victim.
  • No person can be punished for the same offense more than once. If a person is punished or fined for an offense then he/she cannot be liable to be fined or punished for the same offense again.
  • A person cannot be charged more than the price mentioned on the product by the seller. A person has a right to bargain in such a case.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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