The library
Your rights
Straight answers to the questions people actually ask.
criminal
26- Can police check my phone?Police need a warrant or your consent to check your phone.
- Can police arrest without a warrant?Yes, but only for cognizable offences, and they must follow proper procedure.
- Can police refuse to file my FIR?No. Police cannot refuse to register an FIR for a cognizable offence.
- What are women's rights during arrest?Women have special protections — no arrest at night, female officer required.
- Do I have the right to bail?For bailable offences, bail is a right. For non-bailable, court decides.
- Can I refuse to answer police questions?Yes, you have the right to remain silent under Article 20(3) of the Constitution. You cannot be compelled to be a witness against yourself.
- Can I have a lawyer during police interrogation?Yes, it is your fundamental right to consult a lawyer under Article 22(1). Police cannot deny this right.
- Must police tell me why I'm being arrested?Yes. Police must inform you of the grounds of arrest immediately. This is a constitutional right.
- Can police beat me during questioning?Absolutely not. Police torture and custodial violence are criminal offences. You can file a complaint with the NHRC.
- How long can police keep me without seeing a judge?Maximum 24 hours. Police must produce you before a Magistrate within 24 hours of arrest, excluding travel time.
- Can police handcuff me?Generally no. Handcuffing is prohibited unless the person is dangerous, violent, or likely to escape. The Supreme Court has issued strict guidelines.
- What if someone files a false case against me?You can file for quashing of FIR in High Court under BNSS Section 528. You can also file a counter-complaint for filing a false case under BNS Section 248.
- Can I get bail before being arrested?Yes. You can apply for anticipatory bail in Sessions Court or High Court under BNSS Section 482 if you have reason to believe you may be arrested.
- Can I file FIR at any police station?Yes. Under Zero FIR provisions, any police station must register your FIR regardless of jurisdiction. They will transfer it to the correct station later.
- Is a confession to police valid in court?No. A confession made to a police officer is not admissible as evidence in court under BSA Section 23. Only confessions before a Magistrate are valid.
- Must police prepare an arrest memo?Yes. Police must prepare an arrest memo with date, time, and place of arrest, attested by a witness. This is mandatory per Supreme Court guidelines.
- Do I have the right to medical examination after arrest?Yes. You have the right to be medically examined at the time of arrest. This protects against custodial torture claims.
- Must police inform my family about my arrest?Yes. Police must inform a friend or family member about your arrest and the place of detention as soon as possible.
- Can I file a criminal complaint directly in court?Yes. If police refuse to file FIR, you can file a private complaint directly before a Magistrate under BNSS Section 223.
- What can I do if police use excessive force?File complaint with senior police officer (SP/DCP), file complaint at NHRC, file FIR against police officer, and approach High Court.
- What if I am harassed in a public place?Sexual harassment in public is a criminal offence. File FIR immediately. Call 1091 Women Helpline or 112.
- Is harming animals illegal in India?Yes. Beating, poisoning, starving, or torturing animals is a punishable offence under the Prevention of Cruelty to Animals Act and IPC/BNS.
- Can police search my house without a warrant?Generally no. Police need a search warrant from a Magistrate to search your house, with limited exceptions for urgent situations.
- What happens after an FIR is filed?After FIR registration, police investigate the case, collect evidence, record statements, and submit a charge sheet or closure report to the Magistrate within 60-90 days.
- How to file an FIR online in India?Most states allow e-FIR filing through their state police portal or the CCTNS system. For cybercrimes, use cybercrime.gov.in.
- What to do after a hit-and-run accident?Note the vehicle number, rush the victim to hospital, call 112/108, file FIR immediately, and claim compensation from the Motor Accident Claims Tribunal (MACT).
labour
18- Can my employer hold my salary?No. Employer must pay salary on time. Withholding salary is illegal.
- What are my rights at workplace?You have rights to fair wages, safe environment, leaves, PF, and harassment-free workplace.
- Am I guaranteed minimum wages?Yes. Every employer must pay at least the minimum wage set by the government. This applies to all workers including contractual, temporary, and daily wage workers.
- Can my employer deny overtime payment?No. If you work more than 8 hours a day or 48 hours a week, the employer must pay overtime at twice the ordinary rate of wages.
- What are my maternity leave rights?26 weeks paid maternity leave for first two children, 12 weeks for third child onwards. Employer cannot terminate during maternity. Applies to establishments with 10+ employees.
- Must my employer contribute to PF?Yes, if the establishment has 20 or more employees. Both employer and employee contribute 12% of basic salary. Employer cannot deduct PF from your salary without depositing it.
- Am I entitled to gratuity?Yes, if you have worked for 5 or more years continuously. Gratuity equals 15 days wages multiplied by years of service. Maximum is 20 lakhs. Even contract employees are eligible.
- Can my employer fire me without notice?No. For establishments with 100+ workers, government permission is needed for retrenchment. Others need 1 month notice or pay in lieu. Termination must have valid reason.
- What are my rights under the POSH Act?Every employer must have an Internal Complaints Committee (ICC). You can file a written complaint within 3 months. ICC must complete inquiry within 90 days. Employer cannot retaliate.
- Must I serve the full notice period?As per your employment contract. You can pay salary in lieu of notice period to leave early. Employer cannot force you to work beyond what is reasonable.
- Can employer force me to resign?No. Forced resignation is constructive dismissal and is illegal. If pressured, do not sign anything. Document the pressure and file complaint with Labour Commissioner.
- Can employer refuse experience letter?Employer is legally obligated to provide a service certificate and experience letter upon request. If refused, file complaint with Labour Commissioner.
- Can I be paid less for same work due to gender?No. The Equal Remuneration Act mandates equal pay for equal work regardless of gender. Employer cannot discriminate in recruitment, pay, or conditions.
- What healthcare benefits am I entitled to under ESI?If your salary is up to 21,000 per month and your employer has 10 or more employees, you get ESI coverage including medical treatment, sickness benefit, maternity benefit, and disability benefit.
- Can my employer deny maternity leave?No. Under the Maternity Benefit Act, every woman employee is entitled to 26 weeks of paid maternity leave for the first two children.
- Can my employer fire me for taking sick leave?No. Terminating an employee on genuine sick leave with medical certificate is wrongful termination and can be challenged in Labour Court.
- What are protections for women working at night?Women can work at night if employer provides safe transport, adequate security, and consent is obtained.
- How to withdraw PF (Provident Fund)?Apply online through UMANG app or EPFO member portal (member.epfoservices.in). You can withdraw full PF after 2 months of unemployment or partial PF for specific purposes.
property
15- Can my landlord throw me out?No. Your landlord must follow legal eviction process through court.
- How much notice must landlord give before eviction?Minimum 15 days for month-to-month tenancy under TPA Section 106. Lease agreements may specify longer periods. State Rent Control Acts may require 1-6 months.
- When must landlord return my security deposit?Landlord must return security deposit within a reasonable time (typically 1-2 months) after you vacate, deducting only actual damages, not normal wear and tear.
- Can landlord cut my water or electricity?No. Cutting utilities is illegal even if rent is unpaid. This amounts to criminal intimidation and can be reported to police.
- Am I entitled to rent receipts?Yes. If you request, the landlord must provide rent receipts. Receipts are important for HRA tax claims and as proof of tenancy.
- What are my rights to ancestral property?You have a birthright to ancestral property. Under Hindu Succession Act (2005 amendment), sons and daughters have equal rights in ancestral property.
- Do daughters have equal property rights?Yes. After the 2005 amendment to Hindu Succession Act, daughters have equal coparcenary rights as sons in ancestral property. This applies regardless of when they were born.
- Can I sublet my rented property?Only if your lease agreement permits it. Most agreements prohibit subletting without landlord's written consent. Unauthorized subletting can be grounds for eviction.
- What are my rights against a builder under RERA?Builder must deliver possession on time, provide refund with interest if delayed, give clear title, maintain quality, and cannot change plans without your consent.
- Can landlord physically throw me out?No. Forced eviction is illegal. Landlord must go through the court process. Physical eviction, changing locks, or removing belongings is criminal trespass.
- What can I do if someone encroaches on my land?File police complaint for criminal trespass (BNS 329). File civil suit for possession and injunction. Approach revenue authorities for government land encroachment.
- Can landlord increase rent whenever they want?No. Rent can only be increased as per lease agreement terms. In rent-controlled areas, increases are regulated at typically 5-10% per year. Landlord cannot increase rent arbitrarily.
- What are my rights in joint property ownership?Each co-owner has the right to use and enjoy the property. No co-owner can sell the entire property without others' consent. Partition can be sought through court.
- My tenant is not paying rent — what can I do?Send a legal notice demanding unpaid rent, then file an eviction petition in Rent Court citing non-payment as grounds for eviction.
- What are the rent agreement laws in India?Rent agreements should be written and registered. They are governed by state Rent Control Acts and the Model Tenancy Act, 2021. 11-month agreements are common to avoid registration requirements.
constitutional
13- Can I get free legal help?Yes. Free legal aid is a constitutional right for eligible persons.
- Can I ask government for information?Yes. You can file an RTI application to get information from any public authority.
- Can a hospital refuse emergency treatment?No. Every hospital must provide emergency treatment regardless of payment.
- Can the government discriminate against me?No. Article 14 guarantees equality before law. Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
- What are my free speech rights?Article 19(1)(a) guarantees freedom of speech and expression, subject to reasonable restrictions for public order, decency, and defamation.
- Can I organize a peaceful protest?Yes. Article 19(1)(b) guarantees the right to assemble peaceably without arms. You need police permission in most areas.
- Is my privacy a fundamental right?Yes. The Supreme Court in Puttaswamy case declared privacy as a fundamental right under Article 21.
- Is free education a fundamental right?Yes. Article 21A guarantees free and compulsory education for children aged 6-14 years.
- What protections exist against forced labour?Article 23 prohibits forced labour, human trafficking, and bonded labour. Employing someone without paying wages is forced labour.
- Can I practice any religion freely?Yes. Article 25 guarantees freedom of conscience and right to profess, practice, and propagate religion.
- What if someone is illegally detained?File habeas corpus petition in High Court or Supreme Court. Court will order the detaining authority to produce the person and justify detention.
- Who is eligible for free legal aid?Free legal aid is available to women, children, SC/ST, disabled persons, industrial workers, persons in custody, disaster victims, and anyone earning below Rs. 3 lakhs annually.
- What protections exist against caste discrimination?SC/ST Prevention of Atrocities Act provides special protection against caste-based violence and discrimination. Offences are non-bailable with mandatory FIR registration.
consumer
12- Can a shop refuse return or refund?If the product is defective, you have the right to return, replacement, or refund.
- Can I get a refund for defective online purchase?Yes. Under Consumer Protection Act, you have the right to refund, replacement, or repair for defective products. E-commerce platforms must accept returns within their stated period.
- Can companies charge hidden fees?No. All charges must be disclosed upfront. Hidden charges are an unfair trade practice. You can file a consumer complaint for refund of hidden charges plus compensation.
- What if an advertisement is misleading?You can file a complaint with ASCI, the consumer forum, or CCPA. Misleading ads attract penalty up to 10 lakhs on first offence.
- Must company honor product warranty?Yes. Manufacturer or seller must honor warranty terms. Refusal to honor warranty is deficiency of service. You can claim repair, replacement, or refund through consumer forum.
- Can insurance company reject my claim unfairly?No. Insurance companies must give reasons for rejection in writing. You can appeal to Insurance Ombudsman or file a consumer complaint.
- Can I fight a consumer case without a lawyer?Yes. Consumer forums are designed for self-representation. No lawyer is needed. Filing fees are minimal. The process is simpler than regular courts.
- What are my return rights for online purchases?E-commerce platforms must have a clear return policy. Defective products must be replaced or refunded regardless of the return window. Platform must provide a customer grievance officer.
- What if a service provider gives poor service?You can file a complaint in the consumer forum for deficiency of service. You can claim compensation for loss, mental agony, and legal expenses.
- What if I find a foreign object in packaged food?File complaint with FSSAI (Food Safety), local health officer, and consumer forum. Keep the packaging as evidence. You may get compensation for health risk.
- Can my bank charge excessive fees?Bank charges must be as per RBI guidelines and your account terms. Excessive or unauthorized charges can be disputed through the bank's grievance cell, then RBI Banking Ombudsman.
- Hospital is overcharging me — what are my rights?Hospitals must display rate charts, provide itemized bills, and cannot charge above government-capped rates for regulated procedures. File complaint with State Clinical Establishment authority or Consumer Forum.
family
12- Can I get a protection order against domestic violence?Yes. Under Domestic Violence Act, Magistrate can issue protection order prohibiting abuse, contact, or entering shared household.
- Can I stay in the shared household during DV case?Yes. Under DV Act, you have the right to reside in the shared household regardless of whether you own it.
- Can I claim maintenance from husband?Yes. Wife can claim maintenance under BNSS Section 144, Hindu Marriage Act Section 24, or DV Act Section 20. Amount depends on husband's income and wife's needs.
- What if in-laws demand dowry?Demanding dowry is a criminal offence punishable with 6 months to 2 years imprisonment. File FIR immediately.
- Does the mother have preference in child custody?For children under 5, mother generally gets custody. For older children, court considers welfare of child as paramount.
- Can I file for divorce due to cruelty?Yes. Mental or physical cruelty is a valid ground for divorce under Hindu Marriage Act and other personal laws.
- What is my right over my stridhan (wedding gifts)?Stridhan belongs exclusively to the wife. Husband or in-laws have no right over it. Misappropriation is a criminal offence.
- What legal remedies exist for marital cruelty?File DV Act case for protection and maintenance. File BNS Section 85 complaint. File for divorce on grounds of cruelty.
- How can I complain to the National Commission for Women?File complaint online at ncw.nic.in, by post, or call 7827-170-170. NCW investigates deprivation of rights, harassment, and violence against women.
- What is a One Stop Centre (Sakhi Centre)?Government centres providing 24/7 support to women facing violence — medical aid, police help, legal advice, counselling, and shelter.
- How does mutual divorce work in India?Both spouses jointly petition the Family Court, wait 6 months (cooling-off period, may be waived), then appear for second motion. The entire process takes 6-18 months.
- My husband is not supporting me financially — what can I do?You can file for maintenance under BNSS Section 144, Hindu Adoptions and Maintenance Act, or DV Act Section 20. The court can order monthly maintenance based on his income.
cyber
10- Can companies misuse my personal data?No. Under Digital Personal Data Protection Act 2023, companies need your consent to collect and process data. You have the right to access, correct, and erase your data.
- What if someone shares my intimate images online?This is a criminal offence. File FIR under BNS Section 77 and IT Act Section 66E. File complaint on cybercrime.gov.in.
- Can I take legal action for online defamation?Yes. Online defamation is punishable under BNS Section 356 (criminal) and you can also file a civil suit for damages.
- Am I liable if I share OTP by mistake?Banks have liability if they fail to protect your account. Report within 3 days to bank for full reversal under RBI circular.
- Can I get defamatory content removed from the internet?Yes. File complaint with platform's Grievance Officer (must respond within 15 days). If unresolved, approach court for takedown order.
- What to do if my WhatsApp account is hacked?Immediately log back in to reclaim your account, enable two-step verification, alert your contacts, and report to cybercrime.gov.in.
- I clicked a phishing link and entered bank details — what now?Immediately call your bank to block your card/account, change all passwords, and report to 1930 (Cyber Crime Helpline) within the golden hour.
- Product not delivered from online shopping — what to do?Contact the seller/platform for refund, file complaint on the e-commerce platform, then approach Consumer Forum or cybercrime.gov.in if unresolved.
- I lost money in an investment scam — what should I do?Report to police (FIR), file at cybercrime.gov.in, complain to SEBI if securities involved, and approach Economic Offences Wing for large amounts.
- How to report cybercrime in India?Call 1930 (Cyber Crime Helpline), file online at cybercrime.gov.in, and file FIR at the nearest police station. Report within the golden hour for best chances of recovery.
banking
4- What if money is deducted from my bank without permission?Report to bank within 3 working days for zero liability. Bank must credit the amount within 10 days while investigating.
- Can I prepay my loan without penalty?For floating rate home loans, no prepayment penalty is allowed per RBI guidelines. For fixed rate and personal loans, penalty may apply but must be reasonable.
- How to complain to Banking Ombudsman?First complain to bank. If unresolved in 30 days, file at cms.rbi.org.in. Ombudsman handles delays, charges, and unfair practices. Decision is binding on bank.
- Can loan recovery agents threaten me?No. Recovery agents cannot use threats, violence, or obscene language, or contact you before 8 AM or after 7 PM. Report violations to bank and RBI.