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Legal Survival Guide — India

Know Your Rights — and use them in the moment.

The exact laws, scripts and step-by-step actions for the situations Indians face every day — police on the road, online scams, landlord lockouts, workplace pressure, college misconduct. No jargon. No fluff. Just what to say, what to do, and which section protects you.

Emergency First — Save these numbers

112 — All emergencies
1930 — Cyber fraud
1091 — Women's helpline
1800-180-5522 — Anti-ragging
Action Playbooks

If this happens → here is exactly what to do.

Each playbook gives you the right script, the right law, and the next 3 actions — built for the first 10 minutes when panic is highest.

Stopped, searched or accused under NDPS

Police stop, body / vehicle / hostel-room search, friend caught with a banned substance, or you are named in an NDPS FIR.

Do This Right Now

  1. 1.Stay silent and calm. Do not sign any panchnama, statement or recovery memo until you have read it line by line.
  2. 2.Before any search, demand your Sec 50 NDPS right in writing — to be searched only in the presence of a Gazetted Officer or a Magistrate.
  3. 3.Insist that the seizure, weighing and sampling be done on the spot, in the presence of two independent witnesses (panchas), and that you get a signed copy of the panchnama.
  4. 4.Note officer names, badge numbers, time, exact place; if possible have a family member or lawyer informed immediately — you have the right to inform someone of your arrest (Art. 22 + DK Basu).
  5. 5.Do NOT consent to a 'voluntary' confession to NCB / police — Sec 67 statements are no longer substantive evidence after Tofan Singh (2020).

Your Rights

  • Section 50 NDPS — for personal search of the body, you MUST be told of your right to be searched before a Gazetted Officer / Magistrate. Failure vitiates the recovery.
  • Section 42 / 43 NDPS — secret information must be recorded in writing and sent to a senior officer; non-compliance is a serious defect.
  • Section 41 — a search warrant from a Magistrate is the default; warrantless search needs strict justification on record.
  • Tofan Singh v. State of TN (2020) — a confession to an NCB / DRI / police officer under Sec 67 is NOT admissible as substantive evidence.
  • Small quantity (Sec 27 / 21(a)) is bailable and carries up to 1 year + fine; only commercial quantity attracts the strict bail bar under Sec 37.
  • Right to free legal aid (Art. 39A + LSA Act 1987) — ask the Magistrate for a Legal Services Authority lawyer if you cannot afford one.

Evidence to Preserve

  • Photo / copy of the panchnama, seizure memo and arrest memo
  • Names, badges and signatures of the searching officers and panch witnesses
  • Quantity recovered + whether it is 'small' or 'commercial' as per the official notification
  • Whether a Sec 50 written notice was offered before the body search
  • Medical examination report (mandatory under BNSS Sec 53) — note any injuries

Where to File / Escalate

  • Magistrate within 24 hours of arrest — raise Sec 50 / 42 / 43 non-compliance on the first remand itself
  • Sessions Court / High Court — bail application (Sec 37 NDPS bar applies only to commercial quantity)
  • State Human Rights Commission / NHRC — for custodial abuse, illegal detention, or planted recovery
  • District Legal Services Authority (DLSA) — for a free legal aid advocate

📌 What to say (script)

"Officer, before any search of my person, I am exercising my right under Section 50 of the NDPS Act, 1985 to be searched only in the presence of a Gazetted Officer or a Magistrate. Please record this in writing and give me a copy. I will not sign any statement under Section 67."

How VakilSOS helps — real situations

Situation 1

A college student in a hostel raid is asked to sign a 'recovery memo' for 4 g of a banned substance found in a common room.

VakilSOS does

VakilSOS flags this as a small-quantity NDPS case (Sec 21(a)/27), drafts a Sec 50 objection, a bail application citing Tofan Singh, and a written complaint to the SP about absence of independent panch witnesses.

Situation 2

A driver is stopped at a highway check-post, the car is searched without a warrant, and 'commercial quantity' is allegedly recovered.

VakilSOS does

VakilSOS prepares a remand-stage memo highlighting Sec 41/42/43 non-compliance, identifies the Sec 37 bail strategy, and produces a draft writ petition under Art. 226 if the seizure was procedurally illegal.

Situation 3

A first-time user is detained at the airport and pressured to give a 'voluntary' confession to NCB officers.

VakilSOS does

VakilSOS generates a Tofan Singh-based written refusal to make a Sec 67 statement, a request to inform family under Art. 22, and an application for Legal Services Authority counsel before the Magistrate.

Situation 4

An accused is in judicial custody for over 60 days without a chargesheet on a small-quantity case.

VakilSOS does

VakilSOS drafts a default bail (Sec 187 BNSS / earlier Sec 167(2) CrPC) application and a representation to the DLSA for urgent legal aid.

NDPS Act 1985 — Sec 27, 37, 41, 42, 43, 50, 67Constitution — Art. 20(3), 21, 22, 39ABNSS 2023 — Sec 35, 47, 53, 58 (arrest, medical, magistrate production)Tofan Singh v. State of TN (2020) 11 SCC 397DK Basu v. State of WB (1997) — arrest safeguards

📜 Source: India Code · Supreme Court of India · NCB Standing Orders

Sexual harassment at work or college

Unwanted touch, sexual remarks, quid-pro-quo, persistent messaging.

Do This Right Now

  1. 1.Preserve everything: messages, emails, CCTV requests in writing.
  2. 2.Submit a written complaint to ICC (workplace, 10+ employees) within 3 months — extendable.
  3. 3.If no ICC → Local Complaints Committee at the District Officer's office.
  4. 4.Parallel: file FIR under BNS provisions — both can run together.

Your Rights

  • POSH Act 2013 — 90-day enquiry mandate; identity confidentiality; no retaliation.
  • POSH Sec 26 — employer penalty up to ₹50,000 for not having an ICC; licence cancellation on repeat.
  • Vishaka Guidelines (1997) — judicially binding even before POSH.

📌 What to say (script)

"I am submitting a formal POSH complaint. I want acknowledgement in writing within 7 days, and the 90-day enquiry timeline as per POSH Sec 11."

How VakilSOS helps — real situations

Situation 1

A startup CEO 'jokingly' messages a junior designer every night at 1 AM; she has 47 screenshots.

VakilSOS does

VakilSOS classifies it as quid-pro-quo + hostile environment, drafts an ICC complaint with a chronological evidence index, and (if no ICC) a Local Committee complaint at the District Officer — including a no-retaliation interim prayer.

Situation 2

A factory of 240 women workers has no ICC and the supervisor brushes off complaints.

VakilSOS does

VakilSOS files a Sec 26 POSH penalty complaint (up to ₹50,000 + licence cancellation), a Labour Department inspection request, and a Tehelka-style media-ready FAQ — ICCs are usually constituted within a week.

Situation 3

A college professor offers 'extra marks' for personal meetings off-campus.

VakilSOS does

VakilSOS produces a UGC SAKSHAM complaint, an ICC + Internal Committee parallel filing, and a BNS Sec 75/76 FIR template — designed so the student never has to confront the professor directly.

Situation 4

An employee files a POSH complaint and is suddenly given a PIP and a transfer to Guwahati.

VakilSOS does

VakilSOS prepares a POSH Sec 14 retaliation complaint to the ICC + employer, a Sec 11 enquiry-timeline reminder, and a writ petition draft under Art. 226 against the punitive transfer.

POSH Act 2013BNS 2023 — sexual harassment / stalking provisions

📜 Source: India Code · Ministry of WCD

Police or traffic issue

On-road stop, cash demand, key/document seizure, threatened detention.

Do This Right Now

  1. 1.Stay calm, keep hands visible, do not argue.
  2. 2.Ask politely under which section you are being stopped or detained.
  3. 3.Refuse cash payments — insist on a digital e-challan via Parivahan.
  4. 4.Note badge number, name, station; start a discreet voice recording.

Your Rights

  • Cash 'fine' without a printed receipt is bribery under the Prevention of Corruption Act, 1988.
  • License/RC seizure under MV Act Sec 206 requires a written seizure memo naming the court.
  • Article 22 — right to know grounds of arrest and to consult a lawyer of choice.
  • Article 21 — protection of life and personal liberty; arbitrary detention is unlawful.

Evidence to Preserve

  • Audio recording, badge/name, station name, time and location
  • Photo of the challan or seizure memo (if any)
  • Witnesses present at the spot

Where to File / Escalate

  • Senior officer at the same police station / SP office
  • Anti-Corruption Bureau (for bribe demand)
  • State Human Rights Commission (for misconduct)

📌 What to say (script)

"Sir, I am happy to cooperate. Please issue an e-challan to my number. I will not pay cash without a receipt — that would be bribery and I will have to report it."

How VakilSOS helps — real situations

Situation 1

A delivery rider is stopped at a junction, his keys are taken, and a constable demands ₹500 'or else'.

VakilSOS does

VakilSOS auto-drafts an on-the-spot script + an SMS to Anti-Corruption Bureau (state-specific number), and a Sec 7 Prevention of Corruption Act complaint with the badge number — sent before he reaches home.

Situation 2

A woman is pulled over after 10 PM, the officer wants her to come to the station 'for questioning'.

VakilSOS does

VakilSOS triggers a safety-first flow: BNSS Sec 43(5) reminder (women not to be arrested after sunset / before sunrise except with written reasons), one-tap location ping to two emergency contacts, and a draft complaint to the SHO + SP.

Situation 3

A driver's RC + DL are seized but no written seizure memo is given.

VakilSOS does

VakilSOS generates a written demand under MV Act Sec 206 for the memo and the court name, plus an RTI to the traffic cell — both ready to submit at the PS in the same visit.

Situation 4

An e-challan is generated for a car that wasn't even in that city that day.

VakilSOS does

VakilSOS prepares a Parivahan dispute mail with the FASTag log, fuel-station bill and CCTV request as attachments, plus an escalation template to the Traffic Commissioner.

Motor Vehicles Act 1988 — Sec 130, 206Prevention of Corruption Act 1988 — Sec 7Constitution Art. 21, 22BNSS 2023 — arrest & detention provisions

📜 Source: India Code · Parivahan

Student / college issue

Ragging, withheld marksheet, professor coercion, forced 'donations'.

Do This Right Now

  1. 1.If ragging: call the National Anti-Ragging Helpline 1800-180-5522 and file at antiragging.in immediately.
  2. 2.Preserve every message, call recording, email — never meet the accused alone.
  3. 3.Written complaint: HOD → Principal → University Ombudsperson (UGC Grievance Redressal Regulations).
  4. 4.For government institutions where money is demanded: complaint to the Anti-Corruption Bureau under PCA, 1988.

Your Rights

  • UGC Anti-Ragging Regulations, 2009 — ragging is a cognizable offence; FIR, suspension and cancellation of admission can follow.
  • UGC (Redressal of Grievances of Students) Regulations — every HEI must have an Ombudsperson and a Grievance Committee with defined timelines.
  • Arbitrary withholding of certificates can be challenged before the High Court under Article 226.
  • Demanding money is extortion (BNS); a government employee additionally faces the Prevention of Corruption Act, 1988.

Evidence to Preserve

  • Written complaint with date-stamped acknowledgement
  • Recordings, screenshots, witness statements
  • Receipts / bank entries for any sums demanded

Where to File / Escalate

  • University Ombudsperson / Grievance Committee
  • UGC online grievance portal
  • Anti-Ragging helpline 1800-180-5522 / antiragging.in
  • Police (FIR) and ACB (for bribery in govt. institutions)

📌 What to say (script)

"I am filing a written grievance under the UGC (Redressal of Grievances of Students) Regulations and a parallel complaint with the Anti-Ragging Cell / ACB as applicable. Please acknowledge in writing."

How VakilSOS helps — real situations

Situation 1

A first-year student is ragged by seniors who film it for an Instagram 'prank' page.

VakilSOS does

VakilSOS files a parallel anti-ragging complaint (antiragging.in + UGC + helpline 1800-180-5522), an FIR draft under BNS provisions, and an IT Rules 2021 takedown to Meta — usually pulls the reel within 36 hours.

Situation 2

A college withholds the marksheet of a student who complained about a professor.

VakilSOS does

VakilSOS drafts a UGC Grievance Redressal complaint, an RTI to the Registrar, and a ready-to-file writ petition under Art. 226 — the threat of the writ alone usually releases the marksheet.

Situation 3

A professor in a govt college demands ₹40,000 'project fee' in cash to clear a backlog.

VakilSOS does

VakilSOS prepares a sting-ready Anti-Corruption Bureau complaint (Sec 7 PCA), a UGC ombudsperson note, and a parental disclosure script — protecting the student's identity throughout.

Situation 4

A women's hostel imposes a 6 PM curfew that doesn't apply to the men's hostel.

VakilSOS does

VakilSOS produces a written representation citing UGC SAKSHAM guidelines + Art. 14/15 of the Constitution, addressed to the VC, UGC and State Women's Commission — designed to be co-signed by 20+ students.

UGC Anti-Ragging Regulations 2009UGC Grievance Redressal RegulationsPrevention of Corruption Act 1988BNS 2023 — extortion / intimidation / assault

📜 Source: UGC · antiragging.in · India Code

Stalking / threats / harassment

Repeated following, threatening calls/messages, online harassment, intimidation.

Do This Right Now

  1. 1.If in immediate danger — call 112 (or 1091 women's helpline). Move to a safe public place.
  2. 2.Preserve every message, screenshot, call log and location detail with date-time.
  3. 3.File a Zero FIR at any police station — stalking and criminal intimidation are cognizable offences.
  4. 4.For online harassment: also report on cybercrime.gov.in and to the platform's Grievance Officer.

Your Rights

  • BNS, 2023 — provisions covering stalking, criminal intimidation, assault and insult to modesty are cognizable.
  • IT Act, 2000 — Sec 66E (privacy), Sec 67 / 67A (obscene content) cover non-consensual images and online sexual harassment.
  • IT (Intermediary) Rules, 2021 — platforms must act on a valid grievance / takedown notice within the prescribed timelines.
  • Zero FIR under BNSS Sec 173 — refusal to register a cognizable offence is itself punishable.

Evidence to Preserve

  • Screenshots / recordings / call logs with timestamps
  • Witnesses, CCTV requests (in writing)
  • Medical record if any physical contact occurred
  • Saved URLs, profile links, account IDs of the harasser

Where to File / Escalate

  • 112 (immediate) / 1091 (women's helpline)
  • Zero FIR at any police station
  • cybercrime.gov.in (for online stalking / harassment)
  • Platform Grievance Officer under IT Rules 2021

📌 What to say (script)

"I want to register a Zero FIR for stalking and criminal intimidation under the Bharatiya Nyaya Sanhita, 2023 read with BNSS Sec 173. I also have digital evidence under the Information Technology Act, 2000."

How VakilSOS helps — real situations

Situation 1

A 22-year-old is followed home from her metro station three nights in a row.

VakilSOS does

VakilSOS triggers a safety-first pack: live location share with 2 contacts, a Zero FIR draft for stalking (BNS Sec 78), and a written request to the metro DCP for CCTV preservation under BNSS within 24 hours.

Situation 2

An ex partner is posting morphed images on a fake Instagram handle.

VakilSOS does

VakilSOS files a Sec 66E + Sec 67/67A IT Act FIR, a Meta IT Rules 2021 Grievance Officer notice (36-hour mandate), and a request to the Court for an interim injunction blocking the URL.

Situation 3

A whistle-blower employee starts receiving anonymous 'we know where your kid studies' messages.

VakilSOS does

VakilSOS prepares a Witness Protection Scheme 2018 application, a Sec 351 BNS intimidation FIR, and a parallel representation to the SP for police protection at the school gate.

Situation 4

A college student is being doxxed on a Telegram channel with 4,000+ members.

VakilSOS does

VakilSOS drafts a Sec 69A IT Act blocking request through MeitY, an FIR for criminal intimidation + obscenity, and an emergency abuse@telegram.org notice in the format Telegram actually acts on.

BNS 2023 — stalking, intimidation, assault, insult to modestyIT Act 2000 — Sec 66E, 67, 67ABNSS 2023 — Sec 173 (Zero FIR)IT (Intermediary) Rules 2021

📜 Source: India Code · cybercrime.gov.in

Cyber fraud / UPI scam

UPI debit, OTP fraud, fake delivery, fake KYC, investment / job scam.

Do This Right Now

  1. 1.Call 1930 immediately — the bank can attempt to freeze the receiver's account in the golden hour.
  2. 2.Report on cybercrime.gov.in with transaction ID, UPI ID, screenshots and bank statement.
  3. 3.Notify your bank in writing within 3 days to invoke RBI's limited-liability protection.
  4. 4.Do NOT click any 'refund' or 'recovery' link sent later — that is a second-stage scam.

Your Rights

  • Zero FIR — you can file at ANY police station (BNSS Sec 173 / earlier CrPC 154).
  • RBI 'limited liability' circular — reporting unauthorised electronic transactions within 3 working days can reduce or zero your liability.
  • Refusal by police to register a cognizable cyber offence is itself punishable (IPC 166A / BNS equivalent).

Evidence to Preserve

  • Bank SMS / app screenshot of the debit
  • UPI / transaction reference IDs
  • Caller numbers, chat logs, email headers, URLs
  • 1930 acknowledgement number and cybercrime.gov.in complaint number

Where to File / Escalate

  • Helpline 1930 (National Cyber Crime)
  • cybercrime.gov.in
  • Your bank / payment app grievance officer
  • Local police / cyber police station (Zero FIR)

📌 What to say (script)

"I want to register a Zero FIR for cyber fraud under the Information Technology Act, 2000 (Sec 66C / 66D) read with BNSS Sec 173. Please record my complaint and give me a copy."

How VakilSOS helps — real situations

Situation 1

A salaried mother loses ₹2.4 L in a 'KYC expiry' UPI scam at 11 PM; her bank's branch opens at 10 AM next day.

VakilSOS does

VakilSOS opens a Golden-Hour Pack the moment she types — auto-fills the 1930 script, generates a one-page bank email triggering RBI's 3-day limited-liability clock, and a Zero FIR draft she can email to any PS overnight.

Situation 2

A college student is duped into clicking a 'task-based earning' Telegram scam and is now being blackmailed with screen recordings.

VakilSOS does

VakilSOS classifies it as cyber extortion + sextortion, drafts parallel complaints under IT Act Sec 66E + 67 and BNS provisions, and a takedown notice to Telegram's Grievance Officer under IT Rules 2021 (36-hour mandate).

Situation 3

A retired uncle is convinced a 'Mumbai Crime Branch' call has put him under 'digital arrest' and asks for ₹15 L.

VakilSOS does

VakilSOS shows him the 'no such thing as digital arrest' RBI/MHA advisory, walks him through a 1930 + cybercrime.gov.in filing in under 8 minutes, and prepares a written request to the bank for chargeback / lien on the mule account.

Situation 4

A founder's startup account is drained via an OTP-bypass on a corporate card.

VakilSOS does

VakilSOS produces a 'Section 79 + RBI limited-liability' notice to the bank and PA, a CERT-In incident report draft, and a complaint pack ready for the cyber police station — all from the same chat thread.

IT Act 2000 — Sec 66C, 66DBNS 2023 — cheating / personation provisionsBNSS 2023 — Sec 173 (Zero FIR)RBI circular on limited liability

📜 Source: India Code · RBI · cybercrime.gov.in

Domestic violence at home

Physical, emotional, sexual or economic abuse by spouse, partner, in-laws or family.

Do This Right Now

  1. 1.If unsafe right now — call 112 (police) or 181 (women's helpline). Move to a safe room or neighbour.
  2. 2.Photograph injuries, save threatening messages, get a medical report from any govt hospital (free).
  3. 3.Approach the District Protection Officer to file a Domestic Incident Report (DIR) under PWDVA.
  4. 4.Parallel FIR under applicable BNS provisions if cruelty or dowry demand exists — cognizable.

Your Rights

  • Right to reside in the shared household — you cannot be thrown out (PWDVA Sec 17).
  • Magistrate can pass an EX-PARTE protection order in the FIRST hearing (Sec 23).
  • Right to monetary relief, custody of children and a residence order (Sec 18-20).
  • Streedhan — your jewellery and gifts received at marriage remain YOUR exclusive property.

📌 What to say (script)

"I want to file a Domestic Incident Report under the Protection of Women from Domestic Violence Act, 2005 and seek a protection, residence and monetary order."

How VakilSOS helps — real situations

Situation 1

A homemaker is locked out of the shared house at midnight; her in-laws keep her jewellery 'for safekeeping'.

VakilSOS does

VakilSOS files a PWDVA Sec 17 + Sec 19 residence order, a streedhan recovery application (BNS misappropriation), and a 181 women's helpline + One-Stop Centre referral — all before sunrise.

Situation 2

A working wife is told 'you can have the kids only if you sign away maintenance'.

VakilSOS does

VakilSOS prepares a Sec 23 PWDVA ex-parte interim custody + maintenance application, a Sec 144 BNSS maintenance claim, and a Guardians and Wards Act caveat — making the threat legally meaningless.

Situation 3

A man is being threatened with a false 498A FIR to settle a property dispute.

VakilSOS does

VakilSOS prepares an Arnesh Kumar v. State (2014) compliance reminder for the IO (no automatic arrest), a Family Welfare Committee referral as per state-specific HC guidelines, and a pre-arrest bail petition draft.

Situation 4

A senior citizen is being financially abused and isolated by her son.

VakilSOS does

VakilSOS files a Maintenance & Welfare of Parents and Senior Citizens Act 2007 application before the Tribunal — gift deeds obtained by neglect can be voided, often in a single hearing.

PWDVA 2005 (Sec 12, 17-23)BNS 2023 — cruelty / related provisionsDowry Prohibition Act 1961BNSS — maintenance provisions

📜 Source: India Code · Ministry of WCD

Workplace issue

Salary withheld, forced resignation, verbal threats, harassment, POSH violation.

Do This Right Now

  1. 1.Do NOT sign any resignation or release on the spot — ask for 24 hours.
  2. 2.Send a written email summarising what was discussed in the meeting (creates a paper trail).
  3. 3.For sexual harassment: submit a written complaint to the Internal Complaints Committee (ICC) within 3 months.
  4. 4.Salary unpaid > 7 days → demand letter to HR; > 30 days → Labour Commissioner.

Your Rights

  • POSH Act, 2013 — ICC mandatory for any workplace with 10+ employees; 90-day enquiry timeline; identity confidentiality.
  • Code on Wages, 2019 — wages must be paid by the prescribed wage period; non-payment is actionable.
  • Verbal threats / coercion may amount to criminal intimidation under BNS provisions.
  • Termination without notice or settlement for ID-Act employees may be unfair labour practice (Industrial Disputes Act, 1947).

Evidence to Preserve

  • Appointment letter, offer letter, pay slips, attendance
  • Emails / chats / recordings of threats or harassment
  • Witness statements, CCTV requests in writing

Where to File / Escalate

  • Internal Complaints Committee (POSH) or Local Committee at the District Officer's office
  • Labour Commissioner (wages / unfair termination)
  • Police (FIR) for criminal intimidation / assault

📌 What to say (script)

"I'd like everything discussed today in writing, including the reason for action and the full & final settlement. I will respond after legal consultation. Please do not pressure me to sign anything today."

How VakilSOS helps — real situations

Situation 1

An engineer is called into a 'feedback' meeting and handed a pre-typed resignation letter to sign 'in 10 minutes'.

VakilSOS does

VakilSOS generates a calm 'I'll respond in writing within 24 hours' script, a same-day summary email to HR creating a paper trail, and a forced-resignation challenge draft under the Industrial Disputes Act.

Situation 2

A junior employee's salary has been withheld for 47 days; HR keeps saying 'next cycle'.

VakilSOS does

VakilSOS auto-builds a Code on Wages, 2019 demand notice, a Labour Commissioner complaint under the Payment of Wages Act, and (if amount > ₹5 L) a Sec 9 IBC notice — the threat alone usually triggers payment.

Situation 3

A startup fires 11 employees over a WhatsApp group with no notice or settlement.

VakilSOS does

VakilSOS assembles a group complaint pack: Sec 25F ID Act retrenchment notice, gratuity claim under the Payment of Gratuity Act, and a collective Labour Court reference — one upload, eleven personalised PDFs.

Situation 4

A manager keeps making 'jokes' about a female employee in team meetings; she's nervous to escalate.

VakilSOS does

VakilSOS writes a confidential POSH complaint to the ICC, a parallel email to the District Officer's Local Committee if the company has no ICC, and a draft request for a no-retaliation order under POSH Sec 14.

POSH Act 2013Code on Wages 2019Industrial Disputes Act 1947 — Sec 25FBNS 2023 — criminal intimidation & harassment

📜 Source: India Code · Ministry of Labour & Employment

Loan-app harassment

Calls to your contacts, morphed photos, abuse before 8 AM / after 7 PM.

Do This Right Now

  1. 1.Block & screenshot every call/message — do NOT pay any 'extra' to recovery agents.
  2. 2.File on cybercrime.gov.in and lodge a complaint via RBI's Sachet portal (sachet.rbi.org.in).
  3. 3.Written complaint to the lender's nodal/grievance officer; escalate to RBI Banking Ombudsman within 30 days.
  4. 4.If the app is unregistered: complain to your app store and to law-enforcement.

Your Rights

  • RBI Digital Lending Guidelines, 2022 — only Regulated Entities (banks / NBFCs) and their LSPs can lend; recovery practices are tightly regulated.
  • RBI Fair Practices Code for Recovery — no calls before 8 AM / after 7 PM, no third-party shaming, no abusive language.
  • Public shaming via contacts can amount to extortion, criminal intimidation and defamation under BNS provisions.
  • Unauthorised disclosure of personal data / morphed images is punishable under the IT Act (e.g., Sec 66E for privacy).

Evidence to Preserve

  • Screenshots of messages, contact-list misuse, morphed images
  • Call recordings with timestamp
  • Loan agreement / app screenshots and KYC documents shared

Where to File / Escalate

  • cybercrime.gov.in
  • RBI Sachet — sachet.rbi.org.in
  • RBI Banking Ombudsman (after lender response or 30 days)
  • Police / FIR for criminal intimidation, extortion or defamation

📌 What to say (script)

"You are violating the RBI Digital Lending Guidelines, 2022 and the Fair Practices Code. All calls are being recorded. A complaint has been filed on cybercrime.gov.in and RBI Sachet."

How VakilSOS helps — real situations

Situation 1

A borrower's morphed photo is sent to every contact in her phone after a 3-day loan delay.

VakilSOS does

VakilSOS drafts an IT Act Sec 66E + BNS extortion FIR, a Sachet RBI portal complaint, and a Google Play / App Store takedown — plus a defamation notice that lenders almost always settle out of court.

Situation 2

A user finds the 'loan app' is not on the RBI Regulated Entity list.

VakilSOS does

VakilSOS auto-checks the lender against RBI's published list, generates a complaint to the State Cyber Cell + RBI + MeitY for an unregistered lending app, and a chargeback request to the UPI handle used.

Situation 3

An employee's HR receives shaming WhatsApp forwards from a recovery agent.

VakilSOS does

VakilSOS sends a cease-and-desist citing RBI Fair Practices Code + DPDP Act 2023, copied to the Banking Ombudsman — usually stops contact within 48 hours.

Situation 4

A 19-year-old has ₹38,000 'rolled over' into 6 different fake apps and the EMIs are spiralling.

VakilSOS does

VakilSOS prepares a single 'consolidated harassment' complaint listing each app, a request for a chargeback chain, and a mental-health helpline + iCall referral — because in NDPS, money and panic move together.

RBI Digital Lending Guidelines 2022RBI Fair Practices Code for RecoveryIT Act 2000 — Sec 66EBNS 2023 — extortion, intimidation, defamation

📜 Source: RBI · cybercrime.gov.in · India Code

Rental / landlord issue

Illegal lockout, deposit withheld, power/water cut, threats to vacate.

Do This Right Now

  1. 1.Call 100 / 112 — police can step in to restore peaceful possession.
  2. 2.Do not break the lock yourself; photograph/video the locked door with date-time.
  3. 3.Send a written notice (email + WhatsApp) demanding access within 24 hours.
  4. 4.Approach the Rent Authority (where Model Tenancy Act is adopted) or Civil Court.

Your Rights

  • Forced eviction without a Rent Authority / Civil Court order is criminal trespass and intimidation.
  • Model Tenancy Act, 2021 caps security deposit at 2 months (residential) / 6 months (commercial) and mandates a written agreement.
  • Specific Relief Act, 1963 Sec 6 — recover possession through court if dispossessed without due process (file within 6 months).

Evidence to Preserve

  • Rent agreement, deposit receipts, payment history (UPI/bank)
  • Photos/video of the locked door or cut utilities
  • Written notices and replies (email, WhatsApp)

Where to File / Escalate

  • Local police (100 / 112) for immediate restoration
  • Rent Authority (in states that have adopted MTA 2021)
  • Civil Court — injunction & possession suit (Specific Relief Act Sec 6)

📌 What to say (script)

"This is an illegal eviction. Under the Model Tenancy Act, 2021 and Section 6 of the Specific Relief Act, 1963 please restore my access within 24 hours, failing which I will file an FIR and a civil suit."

How VakilSOS helps — real situations

Situation 1

A working couple's landlord changes the padlock at 2 PM while they're at office, claiming 'one month rent pending'.

VakilSOS does

VakilSOS sends a one-tap WhatsApp + email + registered-post bundle citing IPC/BNS trespass + Sec 6 Specific Relief Act, plus a pre-filled 100/112 complaint script the police on the spot find hard to refuse.

Situation 2

A PG owner cuts the electricity meter to push three students out before exam week.

VakilSOS does

VakilSOS drafts a mandatory-services restoration notice (citing Electricity Act + nuisance under BNS) and a parallel complaint to the local Electrical Inspector — usually restores power within 24 hours.

Situation 3

A landlord refuses to refund a ₹2.4 L deposit citing 'wear and tear'.

VakilSOS does

VakilSOS produces an itemised deposit-deduction rebuttal, a Model Tenancy Act / Rent Authority complaint, and a Small Causes Court plaint with interest at 6% — all from the rent agreement scan.

Situation 4

A single woman tenant gets threatening calls from the owner's relatives to 'vacate by Sunday'.

VakilSOS does

VakilSOS files a Zero FIR draft for criminal intimidation + trespass, plus a women's-helpline (181) referral and a request for police beat patrolling for 7 days.

Model Tenancy Act 2021Specific Relief Act 1963 — Sec 6BNS 2023 — criminal trespass & intimidationState Rent Control Acts (where applicable)

📜 Source: India Code · Ministry of Housing & Urban Affairs

Consumer complaint

Refund denied, defective product, service deficiency, misleading ad, e-commerce dispute.

Do This Right Now

  1. 1.Raise a written complaint with the seller / service provider's grievance officer (e-commerce platforms must publish one).
  2. 2.If unresolved, register on the National Consumer Helpline (consumerhelpline.gov.in / 1915).
  3. 3.File a consumer complaint on e-Daakhil (edaakhil.nic.in) before the appropriate Consumer Commission.
  4. 4.Preserve invoices, order confirmations, tracking, advertisement screenshots and chat transcripts.

Your Rights

  • Consumer Protection Act, 2019 — right to seek refund, replacement, compensation and punitive damages.
  • Consumer Protection (E-Commerce) Rules, 2020 — mandatory seller details, grievance officer, return / refund mechanism.
  • Central Consumer Protection Authority (CCPA) can act against misleading advertisements and unfair trade practices.
  • Pecuniary jurisdiction (post-2021 amendment) — District up to ₹50 lakh, State up to ₹2 crore, National above ₹2 crore.

Evidence to Preserve

  • Invoice / order ID / payment proof
  • Photos or videos of the defective product
  • Email and chat threads with the seller / platform
  • Advertisement screenshots (for misleading-ad complaints)

Where to File / Escalate

  • Seller / e-commerce grievance officer (first step)
  • National Consumer Helpline — 1915 / consumerhelpline.gov.in
  • e-Daakhil — edaakhil.nic.in (Consumer Commission)
  • CCPA — for misleading advertisements

📌 What to say (script)

"This is a formal grievance under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020. Please refund / replace within the statutory period, failing which I will file before the Consumer Commission via e-Daakhil."

How VakilSOS helps — real situations

Situation 1

A buyer's ₹78,000 phone arrives with a bar of soap instead — the platform refuses refund citing 'no video proof of unboxing'.

VakilSOS does

VakilSOS drafts a Sec 2(11) 'deficiency in service' complaint, an e-Daakhil filing with delivery photos + warehouse weight slip, and a Sec 94 CPA notice for unfair trade practice — refunds usually issue before the first hearing.

Situation 2

A hospital double-bills a patient ₹1.4 L for a procedure already paid via insurance cashless.

VakilSOS does

VakilSOS prepares a State Consumer Commission complaint with the discharge summary, a parallel IRDAI grievance, and a CCPA representation for misleading billing — compensation under CPA 2019 includes punitive damages.

Situation 3

An influencer-promoted 'skin lightening' product gives a teenager a rash; the ad never mentioned side effects.

VakilSOS does

VakilSOS files a CCPA misleading-advertisement complaint, an ASCI complaint, and an FSSAI / CDSCO referral — including a Drugs & Magic Remedies Act angle the brand rarely sees coming.

Situation 4

A real-estate developer delays possession by 3 years and refuses interest.

VakilSOS does

VakilSOS auto-assembles a RERA complaint with delay interest at SBI MCLR + 2%, plus a parallel NCDRC complaint for compensation — choose-your-forum strategy explained in plain English.

Consumer Protection Act 2019Consumer Protection (E-Commerce) Rules 2020CCPA Guidelines on Misleading Advertisements 2022

📜 Source: National Consumer Helpline · Department of Consumer Affairs · India Code

Police detained someone without grounds

Person picked up, no FIR copy, no arrest memo, not produced before Magistrate within 24 hours.

Do This Right Now

  1. 1.Demand the arrest memo and FIR copy in writing — refusal itself is a violation of DK Basu guidelines.
  2. 2.Inform a relative and a lawyer immediately; note officer name, badge, station, time of pickup.
  3. 3.If 24 hours have passed without Magistrate production — file Habeas Corpus in the High Court.
  4. 4.Parallel complaint to State Human Rights Commission and DGP / SP in writing.

Your Rights

  • Article 22(1) — right to be informed of grounds and to consult a lawyer of choice.
  • Article 22(2) — must be produced before a Magistrate within 24 hours, excluding travel time.
  • DK Basu guidelines — arrest memo, medical exam and intimation to a relative are mandatory.
  • Any relative can file Habeas Corpus under Article 226 / 32 — the High Court can order release the same day.

📌 What to say (script)

"Under Article 22 and DK Basu guidelines, please furnish the arrest memo, grounds of arrest and produce the detainee before the Magistrate within 24 hours."

How VakilSOS helps — real situations

Situation 1

A 20-year-old is picked up at 2 AM for 'questioning'; the family is told 'he'll be back by morning' — 36 hours pass with no Magistrate production.

VakilSOS does

VakilSOS files a Habeas Corpus draft under Art. 226 (any High Court accepts WhatsApp/email same-day filings), a parallel NHRC + SHRC complaint, and a written demand for the arrest memo + medical exam under DK Basu.

Situation 2

A migrant worker is detained for a property dispute on the complaint of a powerful local figure.

VakilSOS does

VakilSOS prepares an Arnesh Kumar compliance notice (no automatic arrest below 7 years), a Sec 35 BNSS arrest-grounds challenge, and a free Legal Services Authority advocate request — usually secures release within 24 hours.

Situation 3

A protester is held at an unofficial 'lock-up' (not the gazetted PS).

VakilSOS does

VakilSOS files a Habeas Corpus, an NHRC urgent action complaint, and a contempt notice citing DK Basu — unofficial detention is itself contempt of the Supreme Court.

Situation 4

An accused under preventive detention (NSA / state goonda act) has been kept beyond the advisory-board limit.

VakilSOS does

VakilSOS drafts a writ petition with the AK Roy v. UoI checklist, a representation to the Advisory Board, and a state-specific Goonda Act compliance note — preventive detention has narrow procedural traps that courts honour.

Constitution Art. 22, 226DK Basu vs State of WB (1997)BNSS Sec 35, 47, 58

📜 Source: India Code · Supreme Court of India

A cheque issued to you has bounced

Bank returned the cheque — insufficient funds, signature mismatch or stop payment.

Do This Right Now

  1. 1.Collect the cheque return memo from your bank — note the date and reason.
  2. 2.Send a statutory demand notice within 30 DAYS of the memo (registered post / speed post — keep proof).
  3. 3.Wait 15 days after notice for payment. If unpaid — file complaint within the next 30 days.
  4. 4.Filing court: Magistrate at the place of the BANK BRANCH where you presented the cheque.

Your Rights

  • Section 138 NI Act — up to 2 years jail and / or fine up to TWICE the cheque amount.
  • Section 143A — interim compensation up to 20% of cheque amount during trial.
  • Summary trial — no need for a full civil suit; the Magistrate decides quickly.
  • Limitation is strict — missing the 30+15+30 day window can kill the case.

📌 What to say (script)

"This is a statutory demand notice under Section 138 of the Negotiable Instruments Act, 1881. Pay the cheque amount within 15 days, failing which criminal proceedings will follow."

How VakilSOS helps — real situations

Situation 1

A freelance designer is paid via a ₹3.2 L cheque that bounces; the client now ghosts on WhatsApp.

VakilSOS does

VakilSOS computes the strict 30+15+30 day clock, auto-drafts the statutory demand notice with the bank return memo, and a Sec 138 NI Act complaint pre-formatted for the local Magistrate.

Situation 2

A small business gets 11 bounced cheques across 4 customers; each Sec 138 case eats months.

VakilSOS does

VakilSOS bundles them into a single workflow: 11 demand notices, 11 complaints, and a Sec 143A interim compensation (up to 20%) prayer in each — recovery starts before judgment.

Situation 3

A landlord receives a 'stop-payment' cheque from a departing tenant and is told 'go to court'.

VakilSOS does

VakilSOS notes that 'stop payment' is still Sec 138 (Goa Plast & Modi Cements), drafts the notice + complaint, and parallel-files a small-causes civil suit for deposit + damages.

Situation 4

An NRI receives a bounced cheque from an Indian buyer; he doesn't want to fly down for hearings.

VakilSOS does

VakilSOS prepares a Power of Attorney + Sec 145 NI Act affidavit-evidence template — entire Sec 138 trial can run without the NRI's physical presence after the first hearing.

NI Act Sec 138, 142, 143AIndian Contract Act 1872

📜 Source: India Code

Hidden Rights

Rights you probably didn't know you had.

These are the protections that change outcomes — but most people never use them.

01You can file an FIR at ANY police station

Zero FIR is a legal right. The PS cannot refuse on jurisdiction. Refusal is itself an offence.

📜 BNSS 2023 Sec 173 / earlier CrPC 154 + IPC 166A

02Police cannot randomly search your phone

Devices contain personal data — protected under the right to privacy. Search needs recorded grounds + a witness.

📜 Article 21 (Puttaswamy 2017) + BNSS Sec 185

03Cash 'fine' without a receipt is bribery

Every legitimate challan is on Parivahan / e-challan. Cash demands are punishable under PCA 1988.

📜 Prevention of Corruption Act 1988 — Sec 7

04Your employer threatening you is a crime

Verbal threats — 'I'll fire you', 'I'll ruin your career' — qualify as criminal intimidation.

📜 IPC 503 / 506; BNS 2023 Sec 351

05Recordings of conversations YOU are part of are usually admissible

Section 65B of the Evidence Act allows electronic records as evidence with a certificate. Secret recording of others without participation is risky.

📜 Indian Evidence Act 1872 — Sec 65B

06Landlords cannot lock you out without a court order

Even if rent is unpaid, eviction requires a Rent Authority / Civil Court order. Self-help eviction is criminal trespass.

📜 IPC 441 + Specific Relief Act 1963 Sec 6 + Model Tenancy Act 2021

07You have the right to a free legal aid lawyer

Anyone earning under the state limit (or in custody, woman, child, SC/ST, victim of trafficking) gets a free advocate from the Legal Services Authority.

📜 Legal Services Authorities Act 1987 + Article 39A

08Your data has rights — and companies have penalties

Under the DPDP Act 2023, mishandling your personal data attracts penalties up to ₹250 crore. You can demand deletion ('right to erasure').

📜 Digital Personal Data Protection Act 2023

09You cannot be detained beyond 24 hours without a magistrate

Mandatory production before a magistrate within 24 hours of arrest — non-negotiable.

📜 Article 22(2) + BNSS Sec 58

10Refund is your right under e-commerce rules

Defective product / service deficiency = mandatory replacement or refund. No 'no refund' policy can override the Consumer Protection Act.

📜 Consumer Protection (E-commerce) Rules 2020

Deep Legal Reference

Indian law directory — by situation.

Compact, structured entries with section, punishment, bailability, cognizability and what to do right now. Sourced from BNS, BNSS, IT Act, NDPS Act, Motor Vehicles Act, POSH, Consumer Protection Act, NI Act and RBI guidelines.

This directory is general legal information for India. It is not legal advice or representation. Criminal classification, bailability and filing route can depend on facts, state practice and amendments.

Try: 420, UPI fraud, stalking punishment, POSH, NDPS small quantity, rent lockout, 1930

Cyber Fraud & Digital Offences

Section 66C IT Act, 2000

Cyber / Identity Theft

Fraudulent or dishonest use of another person's electronic signature, password, or unique identification feature

+
BailableCognizable

Punishment

Up to 3 years imprisonment and fine up to ₹1 lakh

Recommended actions

  • Preserve OTP messages, login alerts, screenshots, UPI IDs and transaction IDs
  • Report at cybercrime.gov.in
  • Call 1930 for financial cyber fraud

Section 66D IT Act, 2000

Cyber / Cheating by Personation

Cheating by personation using a computer resource or communication device

+
BailableCognizable

Punishment

Up to 3 years imprisonment and fine up to ₹1 lakh

Recommended actions

  • File cyber complaint
  • Preserve fake profile, phone number, URL, chat and payment proof
  • Inform bank or payment app immediately

Section 66E IT Act, 2000

Cyber / Privacy Violation

Capturing, publishing, or transmitting private images without consent

+
BailableCognizable

Punishment

Up to 3 years imprisonment or fine up to ₹2 lakh or both

Recommended actions

  • Take screenshots before takedown
  • Report to platform and cybercrime.gov.in
  • File police complaint if threats or blackmail are involved

Section 67 IT Act, 2000

Cyber / Obscene Electronic Content

Publishing or transmitting obscene material in electronic form

+
BailableCognizable

Punishment

First conviction: up to 3 years and fine up to ₹5 lakh; subsequent conviction: up to 5 years and fine up to ₹10 lakh

Recommended actions

  • Preserve URL, screenshots and account details
  • Report to platform
  • File cyber complaint

Section 67A IT Act, 2000

Cyber / Sexually Explicit Content

Publishing or transmitting sexually explicit material electronically

+
Non-bailableCognizable

Punishment

First conviction: up to 5 years and fine up to ₹10 lakh; subsequent conviction: up to 7 years and fine up to ₹10 lakh

Recommended actions

  • Do not forward the material
  • Preserve evidence safely
  • Report immediately to cybercrime.gov.in or police

Section 318(4) BNS / legacy Section 420 IPC

Fraud

Cheating and dishonestly inducing delivery of property

+
Non-bailableCognizable

Punishment

Up to 7 years imprisonment and fine

Recommended actions

  • File FIR
  • Preserve payment screenshots
  • Contact cybercrime helpline

Section 319 BNS

Fraud / Personation

Cheating by pretending to be another person

+
Non-bailableCognizable

Punishment

Up to 5 years imprisonment and fine

Recommended actions

  • Preserve impersonation proof
  • Collect account/profile/phone details
  • File police or cyber complaint

Police, FIR, Traffic & Public Servant Misconduct

Section 173 BNSS, 2023

Police / FIR

Information to police about commission of a cognizable offence, including FIR process

+
N/AN/A

Punishment

Procedural right; no direct punishment in this entry

Recommended actions

  • Ask police to register information for cognizable offence
  • Request acknowledgement or FIR copy
  • Escalate refusal to senior police officer

Article 22 Constitution of India

Arrest Rights

Protection against arrest and detention, including right to know grounds of arrest and consult a lawyer

+
N/AN/A

Punishment

Constitutional protection; violation may be challenged before court

Recommended actions

  • Ask for grounds of arrest
  • Inform family or lawyer
  • Record officer details if safe

Section 7 Prevention of Corruption Act, 1988

Corruption / Bribe Demand

Public servant taking or attempting to obtain undue advantage

+
Non-bailableCognizable

Punishment

3 to 7 years imprisonment and fine

Recommended actions

  • Do not pay cash without receipt
  • Preserve demand proof
  • Report to Anti-Corruption Bureau or senior authority

Section 194D Motor Vehicles Act, 1988

Traffic / Helmet

Failure to wear protective headgear where required

+
N/AN/A

Punishment

Fine of ₹1,000 and possible disqualification from holding licence for 3 months

Recommended actions

  • Ask for official e-challan
  • Do not pay unofficial cash
  • Preserve challan number

Section 185 Motor Vehicles Act, 1988

Traffic / Drunk Driving

Driving by a person under the influence of alcohol or drugs above legal limit

+
N/AN/A

Punishment

First offence: up to 6 months or fine up to ₹10,000 or both; subsequent offence: up to 2 years or fine up to ₹15,000 or both

Recommended actions

  • Cooperate with lawful testing
  • Ask for written challan/order
  • Consult advocate if vehicle or licence is seized

Consumer Complaints & E-Commerce

Consumer Protection Act, 2019

Consumer Rights

Protects consumers against defective goods, deficient services, unfair trade practices and misleading advertisements

+
N/AN/A

Punishment

Civil remedies include refund, compensation, replacement, discontinuation of unfair practice and other consumer forum orders

Recommended actions

  • Preserve invoice, warranty, screenshots and complaint emails
  • File grievance on National Consumer Helpline
  • Escalate to e-Daakhil or consumer commission

Section 89 Consumer Protection Act, 2019

Misleading Advertisement

False or misleading advertisement prejudicial to consumer interest

+
N/AN/A

Punishment

Imprisonment up to 2 years and fine up to ₹10 lakh; subsequent offence up to 5 years and fine up to ₹50 lakh

Recommended actions

  • Preserve ad screenshots
  • File complaint with National Consumer Helpline
  • Mention misleading claim and loss suffered

Workplace, Wages & POSH

Section 9 POSH Act, 2013

Workplace / Sexual Harassment

Complaint of workplace sexual harassment by aggrieved woman to Internal Committee or Local Committee

+
N/AN/A

Punishment

Redressal procedure; complaint generally to be made within statutory limitation period

Recommended actions

  • Preserve messages, emails, call logs and witness details
  • Submit written POSH complaint
  • Ask for acknowledgement

Section 26 POSH Act, 2013

Workplace / Employer Non-Compliance

Penalty for employer failure to constitute Internal Committee or comply with POSH obligations

+
N/AN/A

Punishment

Fine up to ₹50,000; repeat non-compliance may attract higher consequences including cancellation of licence/registration as per law

Recommended actions

  • Ask whether Internal Committee exists
  • Preserve HR communication
  • Escalate to Local Committee or District Officer

Code on Wages, 2019

Workplace / Wages

Consolidates laws on wages, minimum wages, payment of wages and bonus

+
N/AN/A

Punishment

Penalties vary by violation; refer to verified Code on Wages penalty section for exact penalty

Recommended actions

  • Preserve salary slips, offer letter and attendance proof
  • Send written wage demand
  • Escalate to Labour Department

Student, College & Ragging

UGC Anti-Ragging Regulations, 2009

Student / Ragging

Prohibits ragging in higher educational institutions and requires institutional prevention, reporting and disciplinary action

+
N/AN/A

Punishment

Institutional consequences can include suspension, expulsion, cancellation of admission and police action where criminal offences are involved

Recommended actions

  • Call anti-ragging helpline 1800-180-5522
  • Preserve chats, videos and witness names
  • File complaint at antiragging.in

UGC Redressal of Grievances of Students Regulations, 2023

Student / Grievance

Framework for student grievance redressal through institutional committees and Ombudsperson

+
N/AN/A

Punishment

Regulatory consequences for institution; student gets grievance redressal route

Recommended actions

  • File written grievance with institution
  • Preserve fee receipts, notices and emails
  • Escalate to Ombudsperson if unresolved

Rental, Lockout & Property Possession

Section 6 Specific Relief Act, 1963

Rental / Illegal Dispossession

Person dispossessed of immovable property without consent and otherwise than due course of law may sue to recover possession

+
N/AN/A

Punishment

Civil remedy for recovery of possession; no direct criminal punishment

Recommended actions

  • Do not break locks yourself
  • Preserve photos/videos of lockout
  • Send written notice and consult advocate

Section 329 BNS

Property / Criminal Trespass

Entering or remaining on property with intent to commit offence, intimidate, insult or annoy lawful possessor

+
BailableNon-cognizable

Punishment

Punishment varies by trespass type; verify exact subsection before relying on it

Recommended actions

  • Preserve video/photo evidence
  • Call police if force or intimidation is involved
  • Send written complaint

Harassment, Stalking, Threats & Defamation

Section 74 BNS

Harassment / Assault on Woman

Assault or criminal force to woman with intent to outrage modesty

+
Non-bailableCognizable

Punishment

1 to 5 years imprisonment and fine

Recommended actions

  • Move to safety
  • Preserve evidence and witness details
  • File police complaint

Section 75 BNS

Sexual Harassment

Sexual harassment including unwelcome physical contact, demand for sexual favours, showing pornography or sexually coloured remarks

+
Non-bailableCognizable

Punishment

Punishment depends on conduct: up to 3 years or fine or both for serious forms; up to 1 year or fine or both for certain remarks

Recommended actions

  • Preserve messages and call records
  • Report to police or workplace ICC where applicable
  • Do not meet accused alone

Section 78 BNS

Stalking

Following, contacting, monitoring or attempting to contact a woman repeatedly despite disinterest

+
BailableCognizable

Punishment

First conviction up to 3 years and fine; subsequent conviction up to 5 years and fine

Recommended actions

  • Preserve call logs, screenshots and CCTV if available
  • Block only after preserving evidence
  • File police complaint

Section 79 BNS

Insult to Modesty

Word, gesture or act intended to insult the modesty of a woman

+
BailableCognizable

Punishment

Up to 3 years imprisonment and fine

Recommended actions

  • Preserve messages/audio/video
  • Identify witnesses
  • File police complaint

Section 351 BNS

Threats / Criminal Intimidation

Threatening injury to person, reputation or property with intent to cause alarm or force action

+
BailableNon-cognizable

Punishment

Up to 2 years or fine or both; if threat is death, grievous hurt, etc., up to 7 years or fine or both

Recommended actions

  • Preserve threat messages or recordings
  • File police complaint if safety risk exists
  • Call 112 in immediate danger

Section 356 BNS

Defamation

Making or publishing imputations harming reputation, subject to legal exceptions

+
BailableNon-cognizable

Punishment

Simple imprisonment up to 2 years or fine or both or community service

Recommended actions

  • Preserve publication screenshots and URLs
  • Send takedown/legal notice where appropriate
  • Consult advocate before filing

Narcotics / NDPS

Section 8 NDPS Act, 1985

Narcotics / Prohibition

Prohibits certain operations involving narcotic drugs and psychotropic substances except as permitted by law

+
Non-bailableCognizable

Punishment

Punishment depends on the specific substance, quantity and offence section

Recommended actions

  • Do not make statements without legal advice
  • Preserve seizure memo and arrest details
  • Contact criminal defence advocate immediately

Section 20 NDPS Act, 1985

Narcotics / Cannabis

Offences relating to cannabis plant and cannabis

+
Non-bailableCognizable

Punishment

Small quantity: up to 1 year or fine up to ₹10,000 or both; less than commercial quantity: up to 10 years and fine up to ₹1 lakh; commercial quantity: 10 to 20 years and fine ₹1 lakh to ₹2 lakh

Recommended actions

  • Verify alleged substance and quantity
  • Ask for seizure memo and independent witnesses
  • Contact advocate immediately

Section 21 NDPS Act, 1985

Narcotics / Manufactured Drugs

Offences relating to manufactured drugs and preparations

+
Non-bailableCognizable

Punishment

Small quantity: up to 1 year or fine up to ₹10,000 or both; less than commercial quantity: up to 10 years and fine up to ₹1 lakh; commercial quantity: 10 to 20 years and fine ₹1 lakh to ₹2 lakh

Recommended actions

  • Verify quantity classification
  • Preserve arrest and seizure documents
  • Seek urgent legal representation

Section 22 NDPS Act, 1985

Narcotics / Psychotropic Substances

Offences relating to psychotropic substances

+
Non-bailableCognizable

Punishment

Small quantity: up to 1 year or fine up to ₹10,000 or both; less than commercial quantity: up to 10 years and fine up to ₹1 lakh; commercial quantity: 10 to 20 years and fine ₹1 lakh to ₹2 lakh

Recommended actions

  • Check substance schedule and quantity
  • Preserve prescription if medicine-related
  • Contact advocate immediately

Section 23 NDPS Act, 1985

Narcotics / Import Export

Illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances

+
Non-bailableCognizable

Punishment

Quantity-based punishment similar to NDPS quantity framework; commercial quantity may attract 10 to 20 years and fine

Recommended actions

  • Preserve travel, courier or customs documents
  • Do not sign unclear statements
  • Contact advocate immediately

Section 27 NDPS Act, 1985

Narcotics / Consumption

Punishment for consumption of narcotic drug or psychotropic substance

+
Non-bailableCognizable

Punishment

For specified substances such as cocaine, morphine, diacetylmorphine: up to 1 year or fine up to ₹20,000 or both; for other substances: up to 6 months or fine up to ₹10,000 or both

Recommended actions

  • Ask for medical/test documentation
  • Preserve arrest memo
  • Seek legal advice on bail and de-addiction provisions

Section 27A NDPS Act, 1985

Narcotics / Financing Trafficking

Financing illicit traffic or harbouring offenders

+
Non-bailableCognizable

Punishment

Rigorous imprisonment 10 to 20 years and fine ₹1 lakh to ₹2 lakh

Recommended actions

  • Contact advocate immediately
  • Preserve financial records
  • Do not make statements without legal advice

Section 29 NDPS Act, 1985

Narcotics / Abetment and Conspiracy

Abetment and criminal conspiracy for NDPS offences

+
Non-bailableCognizable

Punishment

Same punishment as the main NDPS offence

Recommended actions

  • Preserve call records and location proof
  • Avoid discussing facts without advocate
  • Challenge unsupported conspiracy allegations through counsel

Financial Recovery, Cheque Bounce & Loan Harassment

Section 138 Negotiable Instruments Act, 1881

Cheque Bounce

Dishonour of cheque for insufficiency of funds or exceeding arrangement, subject to statutory notice requirements

+
BailableNon-cognizable

Punishment

Up to 2 years imprisonment or fine up to twice the cheque amount or both

Recommended actions

  • Collect cheque return memo
  • Send statutory demand notice within limitation period
  • Preserve postal/email proof

RBI Digital Lending Guidelines

Loan App / Recovery Harassment

Regulatory framework for digital lending, recovery conduct and borrower protection

+
N/AN/A

Punishment

Regulatory consequences for lender or regulated entity; criminal law may apply for threats, extortion or privacy violations

Recommended actions

  • Preserve abusive calls and messages
  • Complain to lender grievance officer
  • Escalate to RBI Ombudsman where applicable
FAQs

Quick answers, real Indian law.

Police & Traffic

Can a traffic police officer take my keys?+

No. Officers can only ask to see your documents. Taking the keys of a moving vehicle has been held arbitrary by the Bombay High Court (Ranjit Bhanudas Patil v. State of Maharashtra). Politely ask for the legal basis and start a recording.

Is paying a cash fine on the spot legal?+

Only if the officer is a Notified Officer AND issues an official printed receipt. In every metro all challans are issued via Parivahan / e-challan. Any other cash demand is bribery under the Prevention of Corruption Act, 1988.

Can my driving license be seized?+

Officers can seize the license under MV Act Sec 206, but suspension is only by a Magistrate. You must be given a written seizure receipt naming the section and the court.

Can the police arrest a woman at night?+

Generally no. BNSS Sec 35 prohibits arrest of a woman after sunset and before sunrise except in exceptional cases — and even then, only by a woman police officer with prior written authorisation from a Magistrate.

Workplace & Employment

What is the POSH Act and when does it apply?+

The Sexual Harassment of Women at Workplace Act, 2013 applies to every workplace with 10+ employees, public or private. It mandates an Internal Complaints Committee (ICC) and a 90-day enquiry timeline.

What if my company has no ICC?+

File directly with the Local Complaints Committee (LCC) at the District Officer / Magistrate's office. The company itself faces a penalty up to ₹50,000 (and licence cancellation on repeat) under POSH Sec 26.

My salary has not been paid for 3 months. What can I do?+

Send a written demand to HR (email). After 7 working days, file a complaint with the Labour Commissioner under the Payment of Wages Act, 1936 + Code on Wages 2019. Wages must be paid by 7th/10th of every month.

Can my boss threaten to fire me for refusing extra work?+

Verbal threats amount to criminal intimidation under IPC 503/506. Termination without notice/severance for an ID-Act employee is also unfair labour practice — file with the Labour Commissioner within 3 years.

College & Education

Can a college withhold my degree or marksheet?+

No — not arbitrarily. Under UGC Grievance Redressal Regulations 2023, escalate to the Ombudsperson, then UGC's online grievance portal (ugc.ac.in/grievance). High Court writ under Article 226 is also available.

What if a professor threatens to fail me?+

Document everything in writing. Complaint: HOD → Principal → Ombudsperson within 30 days. If money or favours are demanded, it is extortion under IPC 384 and (for govt institutions) the Prevention of Corruption Act, 1988.

What protects me from ragging?+

UGC Anti-Ragging Regulations 2009 + the Supreme Court's directions in Aman Kachroo case. Ragging is a cognizable offence — call the national helpline 1800-180-5522.

Cyber & Privacy

Can the money I lost in an online scam be recovered?+

Yes — if you act within the first hours. Call 1930 and report on cybercrime.gov.in. The bank can freeze the receiver's account quickly under RBI's 'limited liability' framework.

Can I file an FIR at any police station for cyber fraud?+

Yes. Cyber fraud is cognizable and a Zero FIR can be filed at ANY police station. Refusal is itself an offence under IPC 166A.

Someone is morphing my photos. What law protects me?+

IT Act Sec 66E (privacy), 67/67A (obscene content), IPC 354A/354D (sexual harassment/stalking), and the new BNS Sec 79. File on cybercrime.gov.in and FIR at any PS.

Rental & Landlord

Can a landlord lock me out or cut power/water?+

No. Forced eviction without a Rent Authority / Civil Court order is illegal under the Model Tenancy Act, 2021 and amounts to criminal trespass under IPC 441. Call 100/112 — police MUST restore possession.

How much security deposit is legal?+

Under MTA 2021 — max 2 months for residential, 6 months for commercial. State practices may cap it lower (e.g. Karnataka ≤ 2 months). Anything beyond is unenforceable.

How long can a landlord take to refund my deposit?+

It must be refunded at the time of vacating, after only legitimate, itemised damages. Courts have consistently held arbitrary deductions recoverable in Civil/Rent Court.

Loan, Defamation & Recovery

Can recovery agents call my family?+

No. RBI Fair Practices Code prohibits recovery agents from contacting third parties (except for tracing), abusive language, calls before 8AM / after 7PM, or any public shaming. File with the RBI Banking Ombudsman.

Is defamation a crime in India?+

Yes. Both criminal (IPC 499/500, BNS 356 — up to 2 years) and civil (damages). Truth is a defence only if also in public interest.

How do I get a defamatory post taken down?+

Send a written takedown notice to the platform's Grievance Officer under IT (Intermediary) Rules 2021. They MUST act within 36 hours of a valid notice (Rule 3(2)).

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General legal information for India only — not a substitute for advice from a qualified advocate. Statute references current as of 2024–2025; BNS / BNSS / BSA replace the IPC / CrPC / Evidence Act from 1 July 2024 with broadly equivalent protections.