Arunachal Advocate Associates

06/01/2024

The Lok Sabha passed the three criminal laws —

1. The Bharatiya Nyaya Sanhita will replace the Indian Penal Code-1860,
2. The Bharatiya Nagarik Suraksha Sanhita will replace the CrPC of 1973 and;
3. The Bharatiya Sakshya Bill will replace the Indian Evidence Act of 1872.

The Bills are based on three principles: “A person's freedom, human rights and impartiality".

17/08/2023

Eleven legal rights in India that you must know as an Indian Citizen:-

While most of us Indians are aware of some of our basic legal rights, here are some of them which you might not know about.

1- The right to file an FIR-

According to the Indian Penal Code, 166 A, A Police officer can’t refuse to lodge an FIR. As an Indian citizen, you have a right to file an FIR for a cognizable offense, and a police officer who refuses to lodge the FIR is punishable for committing a crime under Section 166A(c) of the Indian Penal Code. The Supreme Court has said that in such cases, “the police officer will be liable for prosecution and punishment.” How to exercise this right?

Visit the police station (ideally near the crime scene) and present all the information before the concerned officer in charge. Also, Section 154 of the CrPC gives a choice to the informant to furnish information orally or in writing.

2- The right to claim a refund-

The Consumer Protection Act of 1986 guarantees every consumer the right to a complete refund if they are not satisfied with their purchase or in the event that the consumer has not been able to utilize the services that he had paid for.

In fact, It is illegal and an unfair trade practice to print “No exchange or refund” on bills and invoices.

3- Right of parents to be maintained by their children- According to the Section 125 of Cr. P.C, parents (father or mother whether biological, adoptive or stepfather or stepmother, whether senior citizen or not) have the right to claim maintenance from their adult children.

4- Right to equal pay for equal work-

The Equal Remuneration Act, 1976 is a law that mandates equal pay for both men and women for equal work done by them. When two or more people have done the same work under similar circumstances, they are entitled to be compensated equally.

5- The rights of a woman when arrested-

As per section 46 of the criminal procedure code ( CrPc), apart from exceptional circumstances, no woman can be taken into custody before sunrise or sunset (After 6 pm and before 6 am). And, under no circumstances a male police officer can arrest a woman. 6- Right to take legal action if a traffic police officer snatches the key of your vehicle.

6- Right to take legal action if a traffic police officer snatches the key of your vehicle.

Motor Vehicle Act, 1988 says that if the traffic police officer snatches the key from the car or motorcycle, you have a right to launch a Legal proceeding against that traffic police officer.

7- Your right under the Police Act, 1861

As per the Police act, 1861, a police officer is always on duty whether he/she is wearing a uniform or not. If an officer is approached by the victim, the officer could not refuse to help because he/ she is not on duty.

8- Right under the Maternity Benefit Act, 1961

As per the Maternity Benefit Act, 1961, no company can fire a pregnant woman. It may be punishable by a maximum of 3 years of imprisonment. This rule is applicable to both private and public sector employees.

9- Right against the Cheque Bounce

A cheque bounce is an offense under Section 138 of the Negotiable Instruments Act, 1881, punishable with a fine which can extend to twice the amount of the cheque or imprisonment for a term not more than two years or both.

10- Right to a Free Legal Aid

Under Article 39-A of the Constitution of India, the government has enacted this act to provide free legal aid service to all those who cannot afford to opt for the services of lawyers.

11- Right to Information (Article 19 (1) (a) Under the RTI Act, any citizen of India can request information from any public authority, and the authority will have to revert back at the earliest or within thirty days.

If the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.

24/10/2022

How to write effective FIR II all about FIR II Arunachal Advocate Associates

23/05/2022

What would happened to you? if you neglect of violates administrative order or manhandled any police personnel on duty during this ensuing AAPSU Election-2022?

lets understand one by one consequences you may face? or what right and privilege's are guaranteed under Indian constitution and other such equivalent laws to defense your case?

1. Section 188 of IPC.

Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

2. Section 353 of IPC.

Whoever assaults or uses criminal force to any person being a public servant in the ex*****on of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

3. Section 323, 324 & 326 of IPC.

this section speaks for punishment for voluntarily causing hurt to any person. this section shall be invoked against the person as per gravity of the hurt, injury cause and circumstances of the case.

for more information you may ask me or write comments as per based on your doubt or question.

Thanks

13/05/2022

Good News finally Supreme Court has pleased to puts 152 years old colonial era sedition law on hold.

The Supreme Court Wednesday directed the Centre and states to keep in abeyance all pending trials, appeals, and proceedings with respect to the charge framed under Section 124A of the Indian Penal Code (IPC), which deals with the offence of sedition, till the central government completes the promised exercise to reconsider and re-examine the provision.

What is the sedition law?

Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law shall be punished with im­prisonment for life, to which fine may be added…”

02/07/2021

CAN THE CONTENTS OF AN FIR be altered?

An FIR contains the first details of the information provided by the informant right after he or she became aware of the crime being committed. If the informant requests alteration in the information itself, then that raises a question on the sanctity of the initial information provided. Once registered, the FIR cannot be altered. Any changes which are required to be made on account of additional facts becoming known or more accused becoming known can be added by means of a statement, rather than changes to the original FIR filed.

How can the FIR be made actionable or stronger?

The recording officer and the complainant should know to the extent possible, while recording/reporting the FIR. These are:

What information is to be conveyed

In what capacity

Who committed crime

Whom – victim or person against whom the crime was committed.

When (Time)

Where (Place)

Why (Motive)

Which way (actual occurrence)

Witness

What was taken away

What traces were left by the accused

An FIR requires the complainant to give out a detailed version of the occurrence, as it took place. It is of essence that this account also is accurate and true. Details of the place where the crime took place, at what time, your name, whether any weapons were used, the nature of the weapons used (sharp/blunt), the injuries caused, the number of people involved, witnesses; if any, etc. are all important details which must be given out in an FIR. These details may make a difference to the overall charges framed and the punishment the accused is likely to undergo.

26/06/2021

How to Draft an FIR ?

On the basis of what is stated in the FIR, the police will determine under which provisions of law an offense is likely to have been committed and accordingly begin an investigation to identify and collect evidence pertaining to those offenses. If a particular offense was committed but it has not been sufficiently described in the FIR by the informant, the police may not investigate into the offense. Therefore, it is extremely important that the FIR is written in a clear, comprehensive and elaborate manner, wherein the crime is fully described.
Writing the FIR carefully can make a difference to the overall charges framed, the investigation and the ultimate outcome of the case.

Certain guidelines you should be kept in mind while filing an FIR, as provided below:

1. name and telephone number of the informant,
2. name(s) of the perpetrator of the crime
3. relationship of the perpetrator with the victim
4. detailed information and narrative pertaining to the commission of the offense, which explains the following points:
a). roles played by the different people who are accused (in case there is more than one) in the commission of the offense
b). the place where the crime took place,
c). date and time of the incident,
d). whether any weapons were used, the nature of the weapons used (sharp/blunt),
e). description of the injuries caused,
f). information about the motives of the perpetrators
g). if the property was taken away, then describe the nature and value of the property that was taken away,
h). describe any threats
i). traces, articles or left behind by the accused
j). articles are broken or damaged
k). the number of people involved in the offense,
l). if there was any witness
5. reasons for the delay in filing the FIR, if any
6. ensure that you sign (or place your thumb impression) on the FIR

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23/06/2021

People should know this during lockdown and curfew period.

What is Section 188 IPC, under which you will be booked for violating COVID-19 lockdown?

Those violating the lockdown orders can face legal action under the Epidemic Diseases Act, 1897.
Section 3 of the Epidemic Diseases Act, 1897, provides penalties for disobeying any regulation or order made under the Act. which lays down punishment as per Section 188 of the Indian Penal Code, 1860, for disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

21/06/2021

Can a traffic police officer take your vehicle keys away?

Policemen can’t take out your key from your bike or cars. As per the guidelines of the police department, no policemen have the right to do so in the middle of the road. ‘taking out the key of any two or four-wheeler is wrong.

As stated in the Motor Vehicles Act 1932, it is illegal for a Traffic cop to take away your car keys forcefully. No police officer, irrespective of his or her rank or authority can indulge in this sort of action.

What should i do? if traffic police/officer forcefully do so' or harass me?

File a complaint in case of harassment: In case you feel that you were not treated properly by the traffic cop or were being harassed then you can file an online complaint about the incident or at your nearest police station, explaining about the incident orderly.

Please note: always strictly adhere with the laws as being a responsible citizens of India.

20/06/2021

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