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Know Your Rights & the Legal Process
Know Your Rights & the Legal Process
Plain-language guides · Rights · Procedure · Legal concepts
Understand your rights and how the legal process works — explained simply, and kept current with the latest law.
This page is for general awareness only. It is not legal advice on any specific matter, and reading it does not create an advocate–client relationship.
CRIMINAL
If You or a Family Member Is Arrested
If You or a Family Member Is Arrested
Being arrested is frightening, but a person who is arrested has clear rights that apply from the moment of arrest.
Being arrested is frightening, but a person who is arrested has clear rights that apply from the moment of arrest.
The right to be told the grounds of the arrest.
The right to have a friend, relative or other person of choice informed about the arrest — and the police must record who was informed.
The right to consult, and be defended by, a legal practitioner of choice.
The right to be produced before the nearest Magistrate within 24 hours of arrest (excluding the time needed for travel).
The right to a medical examination.
The right to be told the grounds of the arrest.
The right to have a friend, relative or other person of choice informed about the arrest — and the police must record who was informed.
The right to consult, and be defended by, a legal practitioner of choice.
The right to be produced before the nearest Magistrate within 24 hours of arrest (excluding the time needed for travel).
The right to a medical examination.
Knowing these rights, and exercising them calmly, helps protect a person from the outset.
Knowing these rights, and exercising them calmly, helps protect a person from the outset.
This is general legal information, not legal advice on any specific matter.
Bail
How Bail Works
How Bail Works
Bail is release from custody, usually on conditions set by the court. There are a few different kinds:
Bail is release from custody, usually on conditions set by the court. There are a few different kinds:
Anticipatory bail (Section 482 BNSS, previously Section 438 CrPC) — sought before arrest, when a person reasonably fears arrest in a non-bailable matter. It can be applied for only in the Court of Session or the High Court.
Regular bail (Sections 480 and 483 BNSS, previously Sections 437 and 439 CrPC) — sought after arrest, to be released while the case continues. It may be moved before the Magistrate, the Sessions Court or the High Court.
Default (statutory) bail — a right that arises when the investigation is not completed within the time the law allows.
Anticipatory bail (Section 482 BNSS, previously Section 438 CrPC) — sought before arrest, when a person reasonably fears arrest in a non-bailable matter. It can be applied for only in the Court of Session or the High Court.
Regular bail (Sections 480 and 483 BNSS, previously Sections 437 and 439 CrPC) — sought after arrest, to be released while the case continues. It may be moved before the Magistrate, the Sessions Court or the High Court.
Default (statutory) bail — a right that arises when the investigation is not completed within the time the law allows.
In deciding bail, courts weigh factors such as the nature and seriousness of the allegation, whether the accused is likely to flee, the risk of tampering with evidence or influencing witnesses, and the stage of the investigation.
A note on the new numbering: since 1 July 2024, Section 482 BNSS is anticipatory bail. Under the old CrPC, Section 482 dealt with the High Court’s inherent powers — that is now Section 528 BNSS.
In deciding bail, courts weigh factors such as the nature and seriousness of the allegation, whether the accused is likely to flee, the risk of tampering with evidence or influencing witnesses, and the stage of the investigation.
A note on the new numbering: since 1 July 2024, Section 482 BNSS is anticipatory bail. Under the old CrPC, Section 482 dealt with the High Court’s inherent powers — that is now Section 528 BNSS.
This is general legal information, not legal advice on any specific matter.
Criminal
How to File an FIR
How to File an FIR
A First Information Report (FIR) is the first record the police make of information about a cognizable offence — one the police can investigate, and make an arrest in, without prior permission from a court.
A First Information Report (FIR) is the first record the police make of information about a cognizable offence — one the police can investigate, and make an arrest in, without prior permission from a court.
Zero FIR — an FIR can be registered at any police station, regardless of where the offence took place; it is then sent to the police station that has jurisdiction (Section 173 BNSS).
e-FIR — information may be given electronically, and is signed by the informant within three days.
You are entitled to a copy of the FIR, free of charge.
Zero FIR — an FIR can be registered at any police station, regardless of where the offence took place; it is then sent to the police station that has jurisdiction (Section 173 BNSS).
e-FIR — information may be given electronically, and is signed by the informant within three days.
You are entitled to a copy of the FIR, free of charge.
When giving information, state the essential facts as clearly as possible — what happened, when and where, and who was involved, so far as is known.
When giving information, state the essential facts as clearly as possible — what happened, when and where, and who was involved, so far as is known.
This is general legal information, not legal advice on any specific matter.
Criminal · High Court
What a Quashing Petition Is
What a Quashing Petition Is
A quashing petition asks the High Court to bring an FIR or criminal proceedings to an end in an appropriate case, using its inherent powers under Section 528 BNSS (previously Section 482 CrPC).
The Supreme Court, in State of Haryana v. Bhajan Lal (1992), set out the categories in which this power may be used — for example, where the allegations, even taken at face value, do not make out an offence, or where the proceedings are an abuse of the process of law.
A quashing petition asks the High Court to bring an FIR or criminal proceedings to an end in an appropriate case, using its inherent powers under Section 528 BNSS (previously Section 482 CrPC).
The Supreme Court, in State of Haryana v. Bhajan Lal (1992), set out the categories in which this power may be used — for example, where the allegations, even taken at face value, do not make out an offence, or where the proceedings are an abuse of the process of law.
It is not automatic — the High Court decides on the facts of each case.
It is not automatic — the High Court decides on the facts of each case.
This is general legal information, not legal advice on any specific matter.
Cyber Crime
If You Are a Victim of Online Fraud — First Steps
If You Are a Victim of Online Fraud — First Steps
With online and UPI fraud, speed decides how much can be recovered. Acting within the first hour or two — often called the ‘golden hour’ — gives the best chance of freezing the money before it is moved on.
With online and UPI fraud, speed decides how much can be recovered. Acting within the first hour or two — often called the ‘golden hour’ — gives the best chance of freezing the money before it is moved on.
Call the national cyber-crime helpline 1930 (toll-free, 24×7). Keep the details ready — the amount, the transaction or UTR reference, the date, and the bank or wallet involved.
File a complaint on the national portal, cybercrime.gov.in, within 24 hours, using the acknowledgement number from the call.
Inform your own bank promptly and put the dispute in writing — prompt reporting can limit your liability under the Reserve Bank of India framework.
Preserve evidence — debit messages, bank statements, screenshots, and any communication with the fraudster.
Call the national cyber-crime helpline 1930 (toll-free, 24×7). Keep the details ready — the amount, the transaction or UTR reference, the date, and the bank or wallet involved.
File a complaint on the national portal, cybercrime.gov.in, within 24 hours, using the acknowledgement number from the call.
Inform your own bank promptly and put the dispute in writing — prompt reporting can limit your liability under the Reserve Bank of India framework.
Preserve evidence — debit messages, bank statements, screenshots, and any communication with the fraudster.
For serious cases, a formal FIR can be registered at the cyber-crime police station. The 1930 helpline and cybercrime.gov.in are run by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs.
For serious cases, a formal FIR can be registered at the cyber-crime police station. The 1930 helpline and cybercrime.gov.in are run by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs.
This is general legal information, not legal advice on any specific matter.
Family & Matrimonial
Mutual-Consent vs Contested Divorce
Mutual-Consent vs Contested Divorce
There are two broad routes to a divorce, and they differ greatly in time, cost and difficulty.
There are two broad routes to a divorce, and they differ greatly in time, cost and difficulty.
Mutual-consent divorce — both spouses agree to separate, and on terms such as maintenance, custody and property. It usually involves two court motions, with a statutory gap between them (commonly six months); in appropriate cases, courts may reduce or waive that period.
Contested divorce — one spouse seeks divorce on a legal ground, such as cruelty, desertion or adultery, which must be pleaded and proved. It generally takes longer.
Mutual-consent divorce — both spouses agree to separate, and on terms such as maintenance, custody and property. It usually involves two court motions, with a statutory gap between them (commonly six months); in appropriate cases, courts may reduce or waive that period.
Contested divorce — one spouse seeks divorce on a legal ground, such as cruelty, desertion or adultery, which must be pleaded and proved. It generally takes longer.
Which law applies depends on the parties — for example, the Hindu Marriage Act, or the Special Marriage Act for civil and inter-faith marriages.
Which law applies depends on the parties — for example, the Hindu Marriage Act, or the Special Marriage Act for civil and inter-faith marriages.
This is general legal information, not legal advice on any specific matter.
Family & Matrimonial
Maintenance & Alimony, Explained
Maintenance & Alimony, Explained
Maintenance is financial support that one family member may be ordered to provide to another who cannot maintain themselves.
Maintenance is financial support that one family member may be ordered to provide to another who cannot maintain themselves.
A quick, secular remedy is available before a Magistrate under Section 144 BNSS (previously Section 125 CrPC) — for a wife, children and parents.
Maintenance may also be claimed under personal laws, and, in some situations, under the Domestic Violence Act.
A quick, secular remedy is available before a Magistrate under Section 144 BNSS (previously Section 125 CrPC) — for a wife, children and parents.
Maintenance may also be claimed under personal laws, and, in some situations, under the Domestic Violence Act.
The Supreme Court, in Rajnesh v. Neha (2020), laid down guidelines — including that both sides file a standard affidavit of their assets and income, and that maintenance generally runs from the date the application is filed.
A note on numbering: the old ‘Section 144 CrPC’ (orders against public gatherings) is now Section 163 BNSS — a different provision from the maintenance section above.
The Supreme Court, in Rajnesh v. Neha (2020), laid down guidelines — including that both sides file a standard affidavit of their assets and income, and that maintenance generally runs from the date the application is filed.
A note on numbering: the old ‘Section 144 CrPC’ (orders against public gatherings) is now Section 163 BNSS — a different provision from the maintenance section above.
This is general legal information, not legal advice on any specific matter.
Family & Matrimonial
What the Domestic Violence Act Protects
What the Domestic Violence Act Protects
The Protection of Women from Domestic Violence Act, 2005 provides civil protections — it is not, by itself, a criminal conviction. A court can grant a range of reliefs:
The Protection of Women from Domestic Violence Act, 2005 provides civil protections — it is not, by itself, a criminal conviction. A court can grant a range of reliefs:
A protection order, to stop further violence.
A residence order, protecting the right to remain in the shared household.
Monetary relief, for expenses and losses suffered.
Custody orders for children, and compensation.
A protection order, to stop further violence.
A residence order, protecting the right to remain in the shared household.
Monetary relief, for expenses and losses suffered.
Custody orders for children, and compensation.
An aggrieved woman can apply, and a Protection Officer and service providers assist through the process.
An aggrieved woman can apply, and a Protection Officer and service providers assist through the process.
This is general legal information, not legal advice on any specific matter.
Consumer & Cheque
Cheque Bounce: Timelines You Must Know
Cheque Bounce: Timelines You Must Know
When a cheque is dishonoured for reasons such as insufficient funds, it can be an offence under Section 138 of the Negotiable Instruments Act, 1881. The Act itself was not changed by the 2024 codes, though the procedure now follows the BNSS. The timeline is strict:
When a cheque is dishonoured for reasons such as insufficient funds, it can be an offence under Section 138 of the Negotiable Instruments Act, 1881. The Act itself was not changed by the 2024 codes, though the procedure now follows the BNSS. The timeline is strict:
Present the cheque within its validity (generally three months).
On dishonour, obtain the bank’s return memo.
Send a written demand notice to the drawer within 30 days of the memo — demanding exactly the cheque amount.
The drawer then has 15 days to pay.
If it remains unpaid, file the complaint before the Magistrate within 30 days after that 15-day period.
Present the cheque within its validity (generally three months).
On dishonour, obtain the bank’s return memo.
Send a written demand notice to the drawer within 30 days of the memo — demanding exactly the cheque amount.
The drawer then has 15 days to pay.
If it remains unpaid, file the complaint before the Magistrate within 30 days after that 15-day period.
Missing a step can defeat the case, so the dates matter. The offence is compoundable (Section 147), which means the parties can settle at any stage.
Missing a step can defeat the case, so the dates matter. The offence is compoundable (Section 147), which means the parties can settle at any stage.
This is general legal information, not legal advice on any specific matter.
