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    Categories: Income Tax

Certain laws that every Indian should know

Laws in our society helps in following ethical norms for best behavior. Ethical standards are different for different people but laws are developed based on ethics and acts which when decided as morally and ethically wrong requires decency. For example, workplace harassment is denied in Harassment of women at Workplace (Prevention, Prohibition & Redressal) Act, 2013. Laws help to sustain orderliness and provide guidelines to promote justice and equality for all…

Our Indian constitution provides numerous laws and regulations to protect the interest of individuals. However, it places equality for applicability of such laws but lacks in promoting awareness for all such rights and benefits it holds for people.

Here in this article, we have mentioned what exceptional benefits & restrictions certain laws places which most of us didn’t know about.

  • A tax collection officer for violation of tax provisions can at any time arrest a culprit, subject to that he has already been issued a notice for the same. He has to report it to the tax commissioner who will further decide for how long he can be kept in custody. (Income-tax Act, 1961 ).
  • A person receiving a gift from a company on any occasion or festival, such act shall be considered under bribery clause of regulations. The person receiving such a gift can be sentenced to jail for this. (Foreign Contribution Regulation Act (FCRA), 2010 )
  • No shopkeeper can charge a higher price of good than the printed price. But the consumer can bargain for a lower price or discount. (Maximum Retail Price, 2014)
  • A pregnant woman cannot be fired off from a company. It is a punishable offense and shall result in imprisonment for a maximum of 3 years. (Maternity Benefit Act, 1961 ).
  • A police officer is always on duty whether wearing a uniform or not, he couldn’t refuse to help any victim saying he’s not on duty. (Police Act, 1861).
  • No women can be arrested by any male officer. Also, a woman can deny going to the police station before 6 A.M and after 6 P.M (other than for some exceptional situations with the prior permission of magistrate) (Code of Criminal Procedure,1973 ).
  • If an employer denies paying, an FIR against him can be filed within 3 years. But if filed after 3 years, no such power to file shall be provided. (Limitation Act, 1963 ).
  • If found involved in any ‘obscene activity‘ at any public place, a person could be imprisoned for 3 months. While no specific definition has been given to the term ‘obscene activity’ by the law. (Indian Penal code – Section 294 ).
  • Belonging to the Hindu religion, a person can adopt a second child if he has a son or grandson. There must be a gap of 21 years between the adopted and the adopted son. (Hindu Adoption and Maintenance Act, 1956 ).
  • Any person driving a vehicle, if found drunk with about more than 30g of alcohol in 100ml blood then police, he shall be arrested without a warrant. (Motor Vehicle Act, 1988 )
  • For non-filling of FIR, a police officer can be jailed for 6 months to 1 year (Indian Penal Code ).
  • No hotel or restaurant (even 5-star hotel ) can prohibit you from drinking portable water or using a washroom. ( Indian Sirius Act ).
  • Wearing a helmet and a limit for two riders have been specified for a two-wheeled vehicle (Indian Motor Vehicle Act, 1988).
  • No traffic police officer can take away the keys of a two-wheeler, legal proceedings can be initiated against him for doing such an act. (Motor Vehicle Act, 1988 ).
  • A young boy and a young girl (not being minor) can live together in ‘’live in a relationship’’ legally. Any newborn by such a relationship would be a legal son and would be given full rights over assets of his/her father. (Domestic Violence Act, 2005).
  • A husband or wife can at any time apply for divorce in the court of law specifying the case of – Adultery (physical relation/affair with other person out of marriage), mental or physical abuse, impotency, change of religion, insanity, incurable disease or no information of husband or wife for 7 years. ( Hindu Marriage Act ).
  • An LPG agency (gas agency) is liable to pay Rs 50 lakh if the cylinder blast during cooking of food. This shall be paid as compensation to the victim or the family, for which an FIR is to be logged and to be submitted to the gas agency. ( Citizen Charter, Indian Oil Corporation ).
  • No person can be fined for the same reason multiple times a day related to any vehicle offense. ( Automotive Amendment Bill, 2016 ).
  • Living in Delhi a tenant? No tenant in Delhi can be forced by the landlord to vacate the house without giving a prior notice for the same. ( Delhi Rent Control Act, 1958 ).
  • No person can be barred for entering any public place on the basis of any unspecific reasons like religion, caste, sex, etc.
  • A statement by a rape victim can be made to district magistrate in private and there is no need for inclusion of any third person in it. ( Code of Criminal Procedure, 1973 ).
  • A person arrested by a police officer for any cognizable offense shall have to be presented before the magistrate within 24 hrs, non-presentment of which shall result in the release of the arrestee irrespective of the fact, that what was his crime.
  • Those who cannot afford a lawyer, free legal aid from the government shall be provided to precede their case. ( Legal Service Authorities Act, 1987 ).

Though the list seems unending, we tried to list some important laws and rights which people should be aware of.

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