Skip to content
  • English
  • Business
  • Entertainment
  • National
  • Lifestyle
  • Education
Daily News India

Daily News India

Just another WordPress site

  • English
  • Business
  • Entertainment
  • National
  • Lifestyle
  • Education
  • Toggle search form
  • ‘Made in India’ Sustainable Feminine Hygiene Brand The Woman’s Company raises $1.4 Million in Pre-Series A Round Business
  • Vedic Math Impacts 10 lakh Students Under Samagra Shiksha Press Release
  • Ho! Ho! Ho! Santa Claus in town before Christmastime! Business
  • Kingston Technology offers up to 60% discount for Amazon’s Great Freedom Festival Sale Business
  • Medi Assist launches Medi Akanksha, an initiative to help women relaunch their careers Business
  • J&K Lt Governor conferred awards to Chetna Heroes and launched a ‘Coffee Table Book’ on their accomplishments in spreading goodness in a society organised by Mission Chetna Business
  • GrowthBeats organized Global Growth Accelerator Awards 2021 A
  • Singer Yashita Sharma Hits The Right Note For The Wedding Season With Her New Single “Bidaai” Business

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

Posted on October 18, 2021 By dsprime 9 Comments on Eleven legal rights in India that you must know as an Indian Citizen

An insight into citizen’s legal rights in India by Sarthak Chaturvedi, Lawyer at Supreme Court

New Delhi (India), October 16: Have you ever been in a situation where you’ve been victimized, discriminated against, or taken advantage of, and you didn’t act since you weren’t sure whether you could or not? Well, it’s time to empower yourself legally and understand your rights 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.

Note: Guidelines issued by the Delhi Police entitle women to the privilege of registering a complaint via email or even through the post if they can’t go to the police station.

What to do when your right is violated?

If the concerned officer in charge refuses to register a first information report about the commission of a cognizable offense within his territorial jurisdiction under Sec. 154(3) following actions can be taken –

(a) Approach The Superintendent of Police:

The informant can approach any senior officer of police or the Superintendent of Police, or the Commissioner of the police with a written complaint.

If the Superintendent of Police is satisfied that such information discloses the commission of a cognizable offense then, he might investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

(b) Complaint to Judicial Magistrate:

If even after submitting a complaint to Senior Police officials no FIR is lodged, then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure, thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

(c) Legal Remedy:

A Writ Petition may be filed in respective High Court for seeking damages/compensation if the inaction of the Police on the complaint/non-registration of FIR has resulted in frustration/deprivation of ―life and liberty of any person, guaranteed under Article 21 of Constitution of India.

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.

What to do when your right is violated?

In case money is not refunded by the company, you can send a legal notice. If the money is still not refunded, file a complaint in the consumer forum for deficiency in service. You can also register a criminal complaint of cheating against the defaulters.

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.

What to do when your right is violated?

Approach the court with sufficient proof that your sons/ daughters who are capable of supporting you have neglected to do so. An application for maintenance may be filed against any person, liable to pay the same.

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.

What to do when your right is violated?

Employees have the right to file a complaint with the concerned labor authorities when an employer breaches these provisions.

The appropriate labor authority, after verifying the merits of the case, may initiate an inquiry into this matter and take the appropriate action.

Note: Employers are required to maintain registers that should contain the particulars of the remuneration of their employees.

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.

What to do when your right is violated?

If a woman finds herself in a situation where there is a violation of arrest procedure by the police authority, then she must:

(a)Refuse her arrest if the due procedure of law is not followed by the arresting police authority.

(b)Contact her Advocate to seek legal guidance & remedy.

(c)Remind her legal rights to the arresting police authority.

(d) Complain to the Station House Officer (SHO) of the police station where she has been arrested.

(e)  Can complain to the Magistrate having local jurisdiction.

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.

What to do when your right is violated?

If the police officer snatches your vehicle keys without any reason, take photos of what is happening and file a complaint 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.

What to do when your right is violated?

If you have received payment via a cheque, which later bounces, you should immediately contact a lawyer and send a legal notice to the person who is supposed to pay you.

If you do not receive a payment within 15 days of the legal notice, you can file criminal charges against the person, and he might go to jail for it.

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.

What to do when your right is violated?

Public officials who deliberately delay or obstruct an application for information or who deliberately provide incorrect or misleading information can be punished under the RTI laws.

In a country as diverse and complex as India, it is important to know your legal rights as an Indian citizen. Not knowing these basic legal rights can have an impact on everything from your personal safety to your job security.

Press Release Tags:pr

Post navigation

Previous Post: Intas launches the World’s First SB-100mg Itraconazole
Next Post: Business Excellence Awards – The destination of Excellence!

Related Posts

  • Iyda Payments Partners with Federal Bank for Bill Payments Services Press Release
  • Study Overseas Help – For Indian students interested in studying abroad, this is a one-stop destination Press Release
  • Vice President Shri. Venkaiah Naidu Lauds the efforts made by Siva Prasad on the Gita Press Release
  • Celebrating the Change Makers! PIFA 5th edition curated by Maa2Mom Spearheaded by Jyoti Agarwal Press Release
  • Russian University awarded the honorary degree of PhD to Shridhant Joshi, MD of Kautilya Academy Press Release
  • ‘The Tenth Riddle’ by Sapan Saxena garners rave reviews from critics across Press Release

Comments (9) on “Eleven legal rights in India that you must know as an Indian Citizen”

  1. marizonilogert says:
    October 6, 2022 at 11:28 pm

    obviously like your website but you need to check the spelling on several of your posts. Many of them are rife with spelling problems and I to find it very troublesome to inform the reality then again I will definitely come again again.

  2. marizonilogert says:
    October 9, 2022 at 9:24 pm

    Some genuinely excellent info , Gladiolus I noticed this.

  3. zmozeroteriloren says:
    November 23, 2022 at 1:46 am

    As a Newbie, I am constantly browsing online for articles that can benefit me. Thank you

  4. The Best Places to Network in Kemerovo (Russia) says:
    December 18, 2022 at 10:48 pm

    I dugg some of you post as I cogitated they were extremely helpful handy

  5. Learning and Understanding about Contact dermatitis Disease (Volume 1) says:
    December 19, 2022 at 4:47 pm

    Hello there, just became aware of your blog through Google, and found that it is truly informative. I am going to watch out for brussels. I’ll appreciate if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  6. How to Write a Business Plan for a Dismantling Of Televisions For Materials Recovery Business says:
    December 19, 2022 at 8:52 pm

    As soon as I noticed this web site I went on reddit to share some of the love with them.

  7. The Best Places to do Work Experience Yanshi (China) says:
    December 23, 2022 at 2:38 am

    Spot on with this write-up, I actually assume this web site needs rather more consideration. I’ll probably be again to learn far more, thanks for that info.

  8. The Best Places to get Married in Sikasso (Mali) says:
    December 26, 2022 at 6:05 am

    Thank you, I’ve recently been searching for information approximately this subject for ages and yours is the best I have discovered till now. However, what in regards to the bottom line? Are you certain in regards to the supply?

  9. Top Places to Honeymoon in Macheng (China) says:
    January 2, 2023 at 9:07 am

    As a Newbie, I am permanently browsing online for articles that can aid me. Thank you

Leave a Reply Cancel reply

Your email address will not be published.

Recent Posts

  • “The Convenient and Affordable Way to Store Your Luggage with LugBee!” 
  • Ace music composer Chintal Khatke gears up for his debut banger ‘Drunk and High’
  • Usha Breco Foundation organises tourist guide training programme in Junagadh
  • JICA India celebrates National Cleanliness Day with school children in Delhi
  • Niyatinati: The Ultimate Justice of Karma – A Novel by Aruna Shaibya Launched Worldwide

Recent Comments

  • 우리카지노 도메인 on Gururo.com collaborates with IU University, Germany to Offer World-Class Post Graduate Certificate in Program Management
  • 온라인카지노사이트 쿠폰 on Gururo.com collaborates with IU University, Germany to Offer World-Class Post Graduate Certificate in Program Management
  • 해외카지노먹튀 on Gururo.com collaborates with IU University, Germany to Offer World-Class Post Graduate Certificate in Program Management
  • aplikasi bokep on Gururo.com collaborates with IU University, Germany to Offer World-Class Post Graduate Certificate in Program Management
  • 여성밤 구인구직 on Gururo.com collaborates with IU University, Germany to Offer World-Class Post Graduate Certificate in Program Management
  • Dr. Yukata Niihara felicitated by Honourable Minister of State, Shri Arun Halder for developing FDA- approved drug ENDARI to fight SCD Health
  • Brookfield Properties creating a work destination, inspired by history and designed for the future Business
  • Delhi Eye Doctor Enters Guinness Book of World Records Press Release
  • QualityKiosk Technologies Releases its New and Transformed Logo Business
  • Anand Chouhan Is Creating Waves In Marketing Domain With His Unique Digital Marketing Skills Business
  • Indian Delphic Council Announces a National Coordination Committee to oversee the growth of the global Delphic Movement in India! Press Release
  • Osman Mir and Santvani Trivedi are all set to swoon the audiences this Navratri with their foot-tapping melody – “He Mari Ambe Maa.” Lifestyle
  • Seraseal, World’s Most Advanced, Next Generation Hemostatic Technology, Now In India! Health

Copyright © 2023 Daily News India.

Powered by PressBook News WordPress theme