Theme: Police & Courts

Who does the law apply to?

The law is meant to safeguard the public’s faith in the judiciary and its authority.(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.))  The law applies to the general public and prohibits the public from making such remarks against the judiciary. However, this restriction won’t be applicable if the remarks come under any of the defences given by the law. 

The law restricts the public from making any remarks against the Supreme Court, High Court, Subordinate Courts, and Tribunals established by law. However, the law of contempt does not protect Nyaya Panchayats or other village courts that have been established by law for the administration of justice.(( Section 21, Contempt of Courts Act, 1971.)) To read more on the power to initiate contempt proceedings, see our explainer on “Who are the authorities under the law?”. 

Wife Approaches Court for Divorce for Muslim Marriage

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons:

Absence of Husband

  • When your husband has been missing for over 4 years.
  • When your husband goes to jail for 7 years or more.
  • When your husband fails to pay maintenance for 2 years.

Illness or Incapacity

  • When your husband is impotent.
  • When your husband is suffering from insanity or an incurable venereal disease.
  • If your marriage took place before the age of 15 years.

Ill-treatment

All these grounds are subject to certain conditions which you should consult a lawyer to understand more.

Dangerous Driving

If you drive a motor vehicle at a speed or in a manner which is dangerous to the public, or which causes a sense of alarm or distress to the occupants of the car, other road users and persons near the road, it is known as dangerous driving1. Listed below are some instances of dangerous driving:

 

If you drive dangerously, you will face jail time between six months to a year, or a fine between Rs. 1,000 to Rs. 5,000, or both, for the first offence. For every subsequent offence, if committed within three years, you will be punished with jail time of up to 2 years, or a fine of Rs. 10,000, or both1. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 1,000 – 5,000 
Any Subsequent Offence 10,000
Karnataka First offence   1,000 – 5,000

(Not including the fine for the use of handheld communication devices while driving)
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩] [↩]

Bail for Non-Bailable Crimes

Some cases where you can be granted bail when charged with a non-bailable offence are:

  • If it appears to the officer or the court at any stage of the inquiry or trial that the accused has not committed the non-bailable offence, then the accused can be granted bail. 
  • If the trial of a person accused with non bailable offence takes more than 60 days, and the person has been in jail all this while, then the court can release him and grant him bail.

Arresting a Woman

Apart from all the rules that need to be followed while making an arrest, the police also have to keep a few important things in mind while arresting a woman. They are: 

  • A woman cannot be arrested after sunset and before sunrise (unless in exceptional circumstances). 
  • A lady constable has to be present when a woman is being arrested. 

In the exceptional circumstance when the woman has to be arrested at night, the woman police officer has to take permission in writing from the local Judicial Magistrate. 

However, to some extent, the Supreme Court has relaxed this rule. If the arresting officer is reasonably satisfied that if the lady officer is not available and the delay in getting the lady officer would impede/obstruct the investigation, he can carry on with arresting the woman. But he has to provide, in his arrest memo, the reasons and circumstances for his actions either before the arrest or immediately after. 

Where do you go for Legal Aid

You can approach the following authorities for applying for legal aid: 

  • State Legal Services Authorities – They are in charge of governing and providing legal aid services in their particular state and governing the same at the District and Taluk level. For example, in New Delhi, it is known as the Delhi State Legal Services Authority. Read here to see the list of state authorities. 
  • District Legal Services Authorities – The powers and functions of this Authority are determined by the respective State Legal Service Authority and providing legal aid in the district. Generally,  you can approach this authority if you require help and support, to submit an application for legal aid, etc. and they will be able to direct you. It coordinates the activities of the Taluk Legal Services Committee and other legal services in the District,  organizes Lok Adalats, etc. 
  • Supreme Court Legal Services Committees – Its functions include receiving applications for legal services, maintaining a panel of advocates to provide legal advice, determining costs related to legal services, etc.
  • High Court Legal Services Committees – Its functions are the same as the Supreme Court Legal Services Committees, but they are to be performed at the state level and these functions have been prescribed by the state authority. 

Chargesheet

Once you have reported the crime by filing an FIR, the officer in charge must send the report to a Magistrate, who will take note of the case without any unnecessary delay, and proceed with the investigation. This is a mandatory step that the police have to follow, as it allows the Magistrate to take control of the investigation, and if necessary give appropriate directions to the police.

The police will investigate the facts and circumstances of the case, and if necessary, take measures to find and arrest the person committing the crime. If the police officer feels that the case is not of serious nature, he may appoint a subordinate officer to do the investigation. Also, if they think that there are no sufficient grounds to investigate further, they may not do so. 

When the Police are done with their investigation and have found enough evidence to proceed with a criminal case, they file a charge sheet. However, after investigation, if they have not found anything proving the commission of a crime, they will suggest closing the case by filing a closure report to the Magistrate.

It is the filing of the charge sheet where the trial of a criminal case begins. The police do not have a time limit to file the charge sheet or a closure report. Even the Magistrate cannot compel the police to file the charge sheet in a particular period of time. But if the person accused of a crime is in jail, then they have either 60 days (where the punishment for the crime is less than 10 years) or 90 days (where the punishment of the crime is more than 10 years) to file the charge sheet. 

 

Where can contempt of court happen?

Contempt of court can happen anywhere – inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens.

When contempt happens before the court

In such a case, the court can take a person into custody and try their case on the very same day or at the earliest possible opportunity.((  Contempt of Courts Act, 1971, Section 14(1))) The person will be informed of the charges against them, and will be given an opportunity to make their defence.(( Contempt of Courts Act, 1971, Section 14(1))) They can also apply to have their case heard by any other Judge(s), who is not the Judge(s) in whose presence the alleged contempt was committed.(( Contempt of Courts Act, 1971, Section 14(2).)) The offender will be in custody till the charge against them is determined.(( Contempt of Courts Act, 1971, Section 14(4).)) 

However, they can be released on bail, by executing a bail bond to guarantee their future attendance. To understand more on the bail, read our explainer on ‘Bail’

When contempt does not happen before the court

In such a case, the court can take up a case on its own or take up such a case which is referred to them by a legal officer.(( Contempt of Courts Act, 1971, Section 15(1))).  Such a reference can be made by the:

  • Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(a), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.)) 
  • Advocate General, in case of High Courts.(( Section 15(1)(a), read with Explanation (b) of Section 15, Contempt of Courts Act, 1971.)) 
  • The Law Officer specified by the Central Government, in case of the court of Judicial Commissioner.(( Section 15(1)(a), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.)) 

If the contempt happens against a Subordinate Court

In case the contempt happens against a Subordinate Court, like a District Court, the matter has to be referred to the High Court, by: 

  • The Subordinate Court or 
  • The Advocate General of the State or
  • The Law Officer specified by the Central Government, in relation to a Union Territory.((   Section 15(2), Contempt of Courts Act, 1971.))

To understand how individual citizens can file a complaint for contempt of court, read our explainer on ‘Who can file a complaint’. 

False case/statements against SC/ST

Filing a false case against an SC/ST member as well as giving false information to a government official that causes the official to harass an SC/ST member are both illegal. For example, if you go to the police and falsely accuse an SC/ST member for a crime, you may be punished.

 If an SC/ST member is falsely accused of:

  • A crime punishable by death, you will face life imprisonment and a fine. 
  • A false statement which causes the SC/ST member to be given the death penalty, you may face the death sentence. 
  • A crime punishable with 7 years or more of imprisonment, you will face imprisonment of a term of 6 months to 7 years.

Triple Riding on a two wheeler motorcycle

While driving a two-wheeled motorcycle, you have to make sure that: 

  • Only two people, including the driver, are sitting on the two-wheeler motorcycle1. 
  • The second person should be sitting on a proper seat, which is securely fixed to the two motorcycles1. 

If you violate these two conditions given above, you can be:

  • Fined for at least Rs. 1,000, although the applicable fine amount might vary across states.  
  • Disqualified from holding your driving license for a period of three months2. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 1,000
Karnataka 500

 

  1. Section 128(1), The Motor Vehicles Act, 1988. [↩] [↩]
  2. Section 194C, The Motor Vehicles Act, 1988. [↩]