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The judicial system of every country makes laws to maintain law and order, establish a system of equality and ensure that nobody suffers due to injustice by the government or other people.
You can’t complain about injustice unless you know the laws. Hence, it becomes essential for every Indian to know these rules to ensure that they don’t fall prey to exploitation in the future.
Here are eight such laws:
1. Women can refuse to be arrested by a male officer after sunset and before sunrise.
According to Sec 46 of Criminal Procedure Code,
1(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.
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2. Over-speeding your vehicle can land you in a lot of trouble.
According to Sec 184 of The Motor Vehicles Act,
Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both. The driver can be arrested on the spot.
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3. The legal drinking age varies in every state of India.
Although consumption of alcohol is legally prohibited in the states of Gujarat, Manipur and Nagaland, the legal drinking age varies for other states of India. Some states like Kerala are planning to ban it in future.
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4. Adultery is a criminal offence in India.
According to Sec 497 of Indian Penal Code,
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
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5. Bribing can cost you much more than you think.
According to Sec 171 E of Indian Penal Code,
Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may be extend to one year, or with fine, or with both.
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6. The government provides free legal aid to those who can’t afford it.
According to Sec 39 A of Legal Services Authorities Act, 1987,
State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
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7. The tax recovery officer has the right to arrest and release you.
According to Sec 222 of Income Tax Act,
When an assessee is in default or is deemed to be in default in making a payment of tax, the Tax Recovery Officer may draw up under his signature a statement in the prescribed form specifying the amount of arrears due from the assessee (such statement being hereafter in this Chapter and in the Second Schedule referred to as “certificate” ) and shall proceed to recover from such assessee the amount specified in the certificate by one or more of the modes mentioned below, in accordance with the rules laid down in the Second Schedule—]
(a) attachment and sale of the assessee’s movable property;
(b) attachment and sale of the assessee’s immovable property;
(c) arrest of the assessee and his detention in prison;
(d) appointing a receiver for the management of the assessee’s movable and immovable properties.
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8. A rape victim’s statement can be directly recorded in front of the Judicial Magistrate.
According to Sec 164 of Code of Criminal Procedure,
Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
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