Theme: Police & Courts

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. [↩]

Anticipatory Bail

The law allows a person to apply for bail even when he has not been arrested, but fears arrest in the near future. This type of bail is known as anticipatory bail. The police cannot arrest a person who has an anticipatory bail order.  

 

Anticipatory bail will kick in only when an FIR is filed against you or if the police have come to arrest on the basis of the FIR. It isn’t available in all states; such as Uttar Pradesh in cases of crimes against women.  

 

Often, fake and frivolous cases are filed against other people. This leads to harming of reputation and time of other persons. To avoid such problems, a person, if they have reasons to believe that they may be arrested for a non-bailable offence in the future, can apply for bail in the High Court or the Court of Session even before they are arrested. If the court finds good reasons for this bail application, then the court may allow for bail. When an application for anticipatory bail is finally being heard, it is compulsory for the person applying for this bail to be present before the Court. 

 

The protection provided by this type of bail is only for a limited period and generally till the police have framed the charges against you. However, one can make an application to the High Court to have this period of anticipatory bail extended.

 

Authority to Arrest

While different authorities in law have the right to make arrests, they are generally carried out by the police. Please read our explainer to understand more about arrests by police.

Besides the police, the law also gives power to Magistrates, to arrest people and take them into custody, if the person has committed an offence. There are two types of Magistrates i.e. Executive Magistrates and Judicial Magistrates. An example of an Executive Magistrate is Tehsildar. A Judicial Magistrate is a judge.  

Under certain circumstances, the law does permit ordinary people to make arrests if they witness someone committing a very serious crime. In such cases, the person arresting can’t detain them but instead must take them to the nearest police station without any unnecessary delay and hand them over to a police officer.

How to Apply for Legal Aid?

When you apply for legal aid, you will require the following documents at the minimum:

  • A proof of identification: Aadhar Card is most commonly accepted, but you can ask if your State’s authority accepts other proofs. 
  • An affidavit proving you are eligible for legal aid. For example, if you are claiming you are eligible because your income is below the level specified, then you will have to give an affidavit of your income, as proof. 

 

Apart from the two documents given above, please ask your nearest Legal Authority Office for more details on the documents required, as the procedure varies across states. 

 

You can apply for free legal aid in four ways(( FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs; National Legal Services Authority- Getting Started Guide, https://nalsa.gov.in/lsams/pdf/NALSA-Getting_Started_Guide_0.1.pdf; Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.)):

  • Online (Through the Website)
  • Online (By Email)
  • In-person (In Writing)
  • In-person  (Orally/Speaking directly to the authorities)

 

Online Procedure (Through the Website)

Step 1: You should log in on the National Legal Services Authority’s website here. 

Step 2: You should fill in all the required details, which have been divided into six parts: Legal Aid Application, Legal Aid, Personal Details, Legal Aid Details, Case Details and Attach Document. For detailed instructions on filling the form, please see here. 

Step 3: Once you have filled out the form, and attached the required documents as per your case, click on “Submit”.

Step 4: You can track the status of your application here. 

 

Online Procedure (By Email)

You can send your application online to this email address. If you choose this option, ensure you add the necessary details, such as  your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.((  Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.))

 

In-Person Procedure (In Writing)

Step 1: You should go to the front office of the nearest Legal Services Authority. You can approach NALSA  anytime between Monday and Friday – from 9:30 am to 6 pm. The address of NALSA is 12/11, Jam Nagar House, New Delhi-110011(( Claiming Free Legal Aid / Application Procedure, National Legal Service Authority, https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure.)). The other Legal Services Authorities in your state, district or taluk can also be approached within their office hours at their addresses which can be checked on their respective websites. You can access the website of your state’s Legal Services Authority through the list given here. 

Step 2: You should fill up the ready-made form/application form that is available. You can also find this form online. For example, for Delhi, you can access the form here.  You can also make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc. 

Step 3: You should submit the filled-out form/application at either the authority physically, or post the application to the authority. They will guide you on the next steps to take, clarification or other documents required.

 

In-Person Procedure (Orally)

It is also possible to make your application orally – a paralegal volunteer or an officer will assist you in such cases at the front office of the legal service authority. 

 

Once your application has been accepted, it will be processed and you will receive confirmation about whether or not you will receive legal aid. 

Who can you complain to about a grievance under contempt law?

Any person can file a complaint against a third party on an alleged offence of contempt of court. Such an application can be forwarded to either the Supreme Court, High Court, or to the court of Judicial Commissioner in cases of Union Territories, in the form of a petition. However, such an application can only be made with the written consent of: 

  • Attorney General or Solicitor General, in case of the Supreme Court.(( Section 15(1)(b), read with Explanation (a) of Section 15, Contempt of Courts Act, 1971.)) 
  • Advocate General, in case of High Courts.(( Section 15(1)(b), 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)(b), read with Explanation (c) of Section 15, Contempt of Courts Act, 1971.))

Reporting a Crime/Atrocity

If a crime has been committed against you owing to your identity as member of the Scheduled castes or scheduled tribes, you can approach any of these places to get immediate relief: 

Police

You can either call 100 or visit a police station to report the incident. The police will note down your details and if needed arrive at your location to provide you immediate help. They will write down your information and details of the incident in an FIR and provide you with a copy of it, free of cost. 

National Commission for Scheduled Castes 

The National Commission for Scheduled Castes is a body set up under the Constitution to investigate and monitor the interests of the Scheduled Castes. They also have the power to inquire into specific complaints in cases where members of Scheduled Castes are deprived of their rights. You can either call their toll free helpline or visit their website for more information.  

Toll Free Number: 1800 1800 345

Website: http://ncsc.nic.in/

Email: ncsccomplaints@gmail.com

Contact details of State Commissions: http://ncsc.nic.in/contactus 

National Commission for Scheduled Tribes

Like the NCSC, there exists a National Commission for Scheduled Tribes as well. They have the power to investigate into complaints registered for atrocities committed against the members of Scheduled Tribes. 

Website: https://ncst.nic.in/

Contact information for the National Commission as well as its regional offices can be found here: https://ncst.nic.in/content/contact-us

SC/ST Protection Cell 

SC/ST Protection Cells have been set up in different States and Union Territories across India. The head of these cells is usually a high ranking police officer of the State or UT, like the Inspector General of police or the Additional Director General of Police. If you want to approach such a cell in your state, take the help of the nearest police station.

Manual Scavengers

If you are being forced to work as a manual scavenger or know someone who is being forced, please complain to the police or the National Commission for Safai Karamcharis. Please know that the practice of manual scavenging is prohibited under law. For more information please read this. 

Using mobile phones while driving

You cannot use a mobile phone while driving any motor vehicle, as it can pose a danger to the driver and the public. It can also be considered as dangerous driving, for which, you will be punished with:

  • First Time (First Offence): Jail time between 6 months to 1 year or a fine between Rs. 1,000 to Rs. 5,000, or both1. The applicable fine amount might vary across states.
  • Subsequent Offence: If you commit this offence within three years of committing your first offence, 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 Two/Three-Wheeler – 1,500 

Light Motor Vehicle – 3,000 

Others – 5,000

 
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩]

Conditions for Applying for Anticipatory Bail

The person who is applying for anticipatory bail has to satisfy or promise to satisfy the following conditions:

 

  • The person should make themselves available for interrogation by a police officer when required.
  • The person should not, directly, or indirectly induce, threaten or promise any person who knows the facts of the case to stop them from disclosing such facts to the court or to any police officer.
  • The person should not leave India without the prior permission of the court.
  • Other conditions are similar to that of regular bail.

 

Fundamental Right Against Illegal Arrests

If someone you know has been detained or arrested by police or any authority who refuses to give any reasons for the detention, then in such cases, the arrested person or the relative/s of such person can file a Habeas Corpus petition before any High Court or the Supreme Court of India. 

The Constitution of India grants everyone a fundamental right to ask the Court to order the detaining authority to produce the person so arrested and request the court to investigate if the arrest was legal.

This fundamental right is exercised when a person is arrested and kept in the custody of a detaining authority: 

  1. without being informed of the reasons for the arrest; or
  2. is denied the right to be defended by a legal practitioner of their choice.  

This fundamental right is extremely broad. Please talk to a legal practitioner to understand more of when a Habeas Corpus writ can be filed. 

Help and Support

You can reach out to the National Legal Services Authority to lodge a complaint here. You can lodge a grievance and track your application.

 

You can email or call the state-wise authorities (Legal Service Authorities) given below in case of a grievance, or if you need help and support. 

State Helpline Number/Contact Number Email Address Postal Address 
Delhi 1516 dslsa-phc@nic.in, 

dlsathebest@rediffmail.com

 Delhi State Legal Services Authority,

Central Office, Pre – Fab Building,

Patiala House Courts, New Delhi.
Haryana 18001802057 http://www.hslsa.gov.in/helpline Haryana State Legal Services Authority,

Institutional Plot No.09,Sector-14 Panchkula (Near Kisan Bhawan)
Kerala +91 9846 700 100 kelsakerala@gmail.com Member Secretary,

Office of the Kerala State Legal Services Authority,

Niyama Sahaya Bhavan,

High Court Compound

Ernakulam, Kochi,

Kerala State
Himachal Pradesh +91 94180 33385

15100 (toll-free)

Nyaya Sanyog: 0177-2629862

 mslegal-hp@nic.in The Member Secretary, HP State Legal Services Authority, Block No. 22, S.D.A. Complex, Kasumpti, Shimla
Maharashtra 1800 22 23 24 mslsa-bhc@nic.in 105, High court (PWD) Building, Fort, Mumba.
Gujarat 18002337966  msguj.lsa@nic.in 3rd Floor, Near Gujarat High Court Post Office,

Gujarat High Court Campus,

Sola, Ahmedabad
Madhya Pradesh 15100 mplsajab@nic.in
Assam  0361-2601843, 2516367 mailto:assamslsa1@gmail.com Assam State Legal Services Authority, Adjacent to Gauhati High Court New Block
Orissa 0671-2307071 oslsa@nic.in Odisha State Legal Services Authority,

S.O.20,

Cantonment Road (Gopabandhu Marg), Cuttack
Tamil Nadu 1516 tnslsa.lae@gmail.com Tamil Nadu State Legal Services Authority,

North Fort Road, High Court Campus,

Chennai 
Karnataka 1800-425-90900 Karslsa@gmail.com Karnataka State Legal Services Authority,

Nyaya Degula Building, 1st Floor, H.Siddaiah Road,

Bengaluru

Further, if you do not find your lawyer suitable for your needs and want a different one, you can request this. Read more here. 

Who are the authorities under the law?

The Constitution of India, 1950 empowers the Supreme Court1 and High Courts(( Article 215, Constitution of India, 1950.)) to have the powers to punish for contempt. This means that if a person is held for contempt against any Subordinate Court like the District Court, the respective High Courts of the State shall have the power to punish such a person.(( Section 10, Contempt of Courts Act, 1971.)) Here, the term ‘High Court’ will also include the court of the Judicial Commissioner in a Union Territory.((  Section 2(d), Contempt of Courts Act, 1971.))

Subordinate Courts do not have the power to punish for contempt of courts,(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.)) and they have to rely on their respective High Courts to punish those held for contempt.(( Section 10, Contempt of Courts Act, 1971.))

Tribunals and contempt of court

Some tribunals have the power to punish for contempt. However, one would have to look at the law establishing the tribunal to see whether that particular tribunal has the power to punish for contempt and to know the procedure before the tribunal. For example, the Central Administrative Tribunal has the independent power to punish for contempt,(( Section 17, Administrative Tribunals Act, 1985.))  as well as the Industrial Tribunal has such powers.2

  1. Article 129, Constitution of India, 1950. [↩]
  2.  Industrial Disputes (Appellate Tribunal) Act, 1950. [↩]

Rights of Victims and Witnesses

This special law guarantees certain rights to the victims, their dependents and those acting as witness to the complaints filed under this law. These rights are:

Protection from violence

  • Victims, their dependents and witnesses must be protected from any kind of intimidation, coercion, inducement, violence or even threats of violence. 
  • The investigation officer or the Station House Officer must record the complaint of a victim, informant or witnesses by way of an FIR if they are being intimidated, coerced, induced, harassed or even threatened with violence. A copy of the FIR must be given to them free of cost. 

Right to be treated with Dignity

  • Victims should be treated with fairness, respect and dignity. If there are any special needs of victims owing to their age, gender or educational disadvantage, the same must be given due regard.

Rights in  Court

  • The Special Public Prosecutor or the government officials must inform the victims or their dependents of any court proceedings about to take place under this law. They have a right to reasonable, accurate and timely notice of any court proceedings, even when the accused person applies for bail. 
  • The victims or their dependents have the right to request production of documents, materials or witnesses from other parties by making a request to the Special Court. 
  • Victims and their dependents have a right to be heard in proceedings related to the bail, discharge, release, parole, conviction or sentence of the accused person. They also have a right to make written submissions on conviction, acquittal or sentencing of the accused person. 
  • All court proceedings under this law must be video recorded. 

Special Protection

  • The Special Court must provide the victim, their dependent, witnesses or informants: 
    • Complete protection to ensure delivery of justice
    • Travelling and maintenance expenses during investigation, inquiry and trial
    • Socio-economic rehabilitation during investigation, inquiry and trial
    • Relocation 
  • Either the Special Public Prosecutor or the victims, their dependents, witnesses and informants can make an application to the Special Court to: 
    • Conceal their names and addresses of the witnesses in the orders, judgements or any records of the case that are publicly available. 
    • Issue directions to not disclose the identity and address of the witnesses. 
    • Take immediate action on a complaint relating to the harassment of a victim, informant or witness and if necessary pass orders for protection on the same day.

Not wearing a helmet while driving

Anyone who drives a two-wheeler motorcycle has to wear a helmet or protective headgear (( Section 129, The Motor Vehicles Act, 1988.)). Further, every person, including children above 4 years of age1, who is riding the two-wheeler motorcycle must also wear a helmet. This headgear must have two features1:

  • It can be reasonably expected to provide a degree of protection from injury in case of an accident. 
  • It is securely fastened to the head of the wearer (such as, by straps).

Only Sikh people who are wearing a turban and women need not compulsorily wear a helmet1. However, this exception varies across states. 

If you do not wear a helmet while driving, you will be punished with a fine of at least Rs. 1,000 and you will be disqualified from holding your license for 3 months2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 1,000
Karnataka 500
  1. Section 129, The Motor Vehicles Act, 1988. [↩] [↩] [↩]
  2. Section 194D, The Motor Vehicles Act, 1988. [↩]

Maximum Jail Time Without Bail

People who are in jail while their trial is going on are called under-trials prisoners. As trials in India go on for years together, under-trial prisoners should be protected from being in jails for long periods of time without being proved guilty of committing the crime. The law has provisions of Bail to protect undertrials. 

If a person has been arrested for a crime and has been in prison while undergoing trial for up to half of the maximum period of imprisonment specified for the crime that they have committed, the Court must order to release them. 

However, if the Court find enough reasons, it can order continued detention of the under-trial prisoner, even after they have been in prison for one half of the punishment. 

Appearance before Magistrate after Arrest

Anyone who is arrested and in the custody of the police should be produced before the nearest Magistrate within a period of twenty-four hours of their arrest. The police are required to produce every arrested person before the Magistrate to ensure that there have been legal grounds for the arrest of the person. Copies of all the documents including the memo of arrest should be sent to the concerned Magistrate for their record. In the instance of the accused person not being produced before the Magistrate, a Habeas Corpus petition can be filed. 

Appeal

If you are not satisfied with the decision given by the relevant Legal Service Authority on your application for a grant of legal aid, there is a provision to appeal against the decision. 

To appeal, you can appeal to the Executive Chairman or Chairman of the relevant Legal Services Authority((  Regulation 7(5), National Legal Services Authority (Free and Competent Legal Services) Regulations 2010.)). The decision resulting from the appeal would be a final one.

What are the offences and punishments under this law ?

When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments.((  Proviso to Section 12(1), Contempt of Courts Act, 1971.)) However, such an apology should be genuine and not merely a ruse to save oneself from punishment.(( MC Mehta v. Union of India, (1987) 4 SCC 463.)) 

Punishment for Contempt of Court

The punishment for civil and criminal contempt is the same. In situations where the court is not satisfied with the apology or if the person is unwilling to apologize, the court can punish the offender for contempt. The punishment is fine of up to Rs 2,000, or jail time up to 6 months, or with both. However, this limit is only applicable for the High Courts and not for the Supreme Courts. For the Supreme Court, this limit will only serve as a guide to the punishments that can be given and they can increase the fine amount.(( Zahira Habibullah Sheikh & Anr v. State of Gujarat & Ors, (2004) 4 SCC 158.))

Moreover, the court has the option not to punish the offender if the court is of the opinion that the person has not substantially prejudiced the court.(( Section 13(a), Contempt of Court Act, 1971.))

Driving a defective/Unsafe Motor Vehicle

You cannot drive, or allow someone to drive, a motor vehicle that has any defect which either you (owner) knows about or could have known about through ordinary care, which makes the car dangerous to other persons or vehicles1. For example, if the brakes of your vehicle are not functioning properly, your vehicle will be considered defective. 

The penalties for driving a defective motor vehicle are as follows1:

  • If you drive or allow anyone to drive a defective motor vehicle, then you will be punished with a fine of at least Rs. 1,500. The applicable fine amount might vary across states. 
  • If such a vehicle causes an accident that results in bodily injury or damage to property:
    • For the first offence, you will be punished with a fine of Rs. 5,000 or jail time of up to 3 months or both. The applicable fine amount might vary across states. 
    • For every subsequent offence, you will be punished with a fine of up to Rs. 10,000 or jail time of up to 6 months. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Offence Frequency of Offence/Type of Vehicle Fine Amount (In INR)
Delhi Driving an unsafe/defective vehicle Any offence 1,500
Driving an unsafe/defective vehicle, resulting in an accident that causes bodily injury or property damage First offence 5,000
Any subsequent offence 10,000
Karnataka

 

 Using vehicle in an unsafe condition

 

 Two/Three-Wheeler

 

 1,500

 
Light Motor Vehicle, Heavy Motor Vehicle and Others 3,000
  1. Section 190(1), The Motor Vehicles Act, 1988. [↩] [↩]

Police Interrogation

The police officers handling the interrogation should bear accurate, visible and clear identification and name tags with their designations. The details of the police personnel who handle your interrogation must be recorded in a register. The arrested person will be permitted to meet their lawyer during interrogation. 

Denial/Withdrawal of Legal Aid Services

After you fill out your application for legal aid, it can be denied or accepted. It can also be withdrawn at a later stage after the application has been accepted and legal aid has been provided.

 

Denying Legal Aid

Legal aid can be denied1:

 

Withdrawing Legal Aid

Legal aid can be withdrawn in the following circumstances1:

  • Where the person who applied under the income category is found to possess sufficient means to pay for legal services required.
  • Where the person obtained legal services by misrepresentation or fraud.
  • Where the person does not cooperate with the Legal Services Authority/Committee or with the legal services lawyer. 
  • Where the person engages a legal practitioner, like a lawyer, other than the one assigned by the Legal Services Authority/Committee. 
  • Where the person has died, except in the case of civil proceedings where the right/liability is still present
  • Where the application for legal service or the matter in question is found to be an abuse of the process of law or of legal services.
  1. FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs. [↩] [↩]

What are the costs involved in exercising rights under this law?

For filing a petition for contempt, a certain amount of court fees have to be paid along with it. For contempt proceedings, the court fees are determined by the rules of the respective High Court or the Supreme Court. However, in the Supreme Court, the court fees do not have to be paid for the petition or any additional documents filed in the proceedings.(( Rule 4(d), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) Take the help of a lawyer to understand the respective court fees charged by the High Court of the state.

Reporting Child Marriages

Anyone can file a complaint of child marriage, including the child. It doesn’t matter whether the child marriage has taken place or not as it can be filed at any time before or after the marriage. A complaint can be made to any of the following authorities:

Call 1098

1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child marriage can be prevented.

Police 

You can call the Police on 100 to report:

  • About a child marriage that is taking place or 
  • A child marriage that is about to take place. 

Alternatively, you can even go to a Police Station where you can file an FIR and report the same.

Child Marriage Prohibition Officer

You can approach the local Child Marriage Prohibition Officer and report a child marriage to him. He will immediately proceed to take action against the persons responsible. 

Child Welfare Committee

You can even approach your local Child Welfare Committee established under the law for juvenile justice to look into the matter. For example, in Delhi you can contact the committees based on the districts.

File a Complaint with the Court

You can even directly file a complaint with the Judicial Magistrate (First Class) or the Metropolitan Magistrate. The Court will order the Police or the Child Marriage Prohibition Officer, as required to take action. 

 

Investigation of Cases

If a crime under this special law committed against a member of the scheduled caste or scheduled tribe groups has been reported to the police, the investigation for this must be done by a police officer who is at the rank of Deputy Superintendent of Police or above.

As per the law, the DSP must complete his investigation on top priority within thirty days. The report from this investigation must be submitted to the Superintendent of the Police, who will further submit it to the Director-General of Police of that State1

  1. Rule 7, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Rules, 1995. [↩]

Owning a Vehicle without a horn

 

Your vehicle should be mandatorily fitted with an electric horn that is capable of giving sufficient and audible warning that the vehicle is approaching1.  If you own a motor vehicle which does not have a horn, then you will be punished with a fine of at least Rs. 500 for the first offence, and Rs. 1,500 for every subsequent offence2. 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 500 
Any Subsequent Offence 1,500
Karnataka First offence   500
Any Subsequent Offence 1,000
  1. Section 119, Central Motor Vehicles Rules,1989 [↩]
  2. Section 177, The Motor Vehicles Act, 1988. [↩]