Theme: Police & Courts

Notice Issued by Police

In cases where the police can arrest someone without a warrant but are of the opinion that arrest is not required, they can issue a notice to such person to appear before the police or any place specified in the notice. However, the precondition to such a notice is that there must be a complaint made against him or some reasonable suspicion should exist that he has committed such a crime. 

When such a notice has been issued to a person, he is duty-bound by law to comply with the terms of the notice. As long as the person complies, the police will not arrest him (unless they are of the opinion that he should be arrested and has recorded in writing that arrest is necessary). 

If the person given notice by the police fails to comply or refuses to identify himself, the police officer may arrest him for the offence mentioned in the notice then the police will approach the Court to get an order to arrest the person.

 

Receiving Legal Aid After Application

Once you have submitted your application for free legal aid, the following happens1:

Step 1: Your application will be scrutinized by the relevant Legal Services Authority to determine what is to be done.

 

Step 2: Once the scrutiny of the application is complete, information about whether your application has been accepted/rejected will be provided to you in the following ways:

  • If the application was made in person/ physically at any Legal Services Authority: An address (either residential address or email address) for correspondence is noted and information regarding the application is sent to the same.
  • If the application is made online via the NALSA website or the online portals of the Legal Services Authorities: An application number is generated, and you can track the status of the application on the online portal itself. 

 

The decision on the acceptance/rejection of the application is to be decided immediately and not more than 7 days from the date of the receipt of the application. 

 

Step 3: Once the application is accepted, you will be given information on the assignment of the lawyer. The assigned lawyer and you will be given a letter of appointment (vakalatnama) along, and the lawyer is required to contact you immediately, or you can initiate the contact. 

 

  1.  FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs; 

    Procedure After Filing, Legal Services Management System, National Legal Service Authority, https://nalsa.gov.in/lsams/nologin/procedureAfterFiling.action. [↩]

How do you file a complaint for contempt?

The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. According to the rules of the Supreme Court, a contempt petition should contain:

  • The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt).(( Rule 4(a)ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
  • Nature of the contempt alleged, and facts, including the date or dates of commission of the alleged contempt.(( Rule 4(a)(ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
  • If a petition has previously been made on the same facts, the complainant has to give the details of the petition previously made and also indicate the result of the case.(( Rule 4(a)(iii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))

The petition has to be supported by an affidavit and any document (s) in possession of the complainant. The document should be either the original or a true copy.(( Rules 4 (b) & (c), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) To understand who to file a complaint to, read the explainer on “Who can you complain to regarding a grievance under the law?” 

Power of the Court to Stop Child Marriage

When the Court receives credible information that a child marriage has been arranged or is about to take place, it can issue an order prohibiting the persons from conducting and organizing such marriages. 

 

The accused person can apply to the Court to either revoke this order or even alter it. The Court can even do this on its own motion. 

 

Any child marriage that takes place after the order has been issued will not be a valid marriage. 

 

Circumstances of Court Intervention

The Court can intervene: 

  • On its own, or
  • On the basis of a complaint filed by a Child Marriage Prohibition Officer or any Non Governmental Organization (NGO), or
  • In some cases, such as on days of Akshaya Tritiya which is an auspicious time for marriages, the Court can also act as the Child Marriage Prohibition Officer and have all the powers of this Prohibition Officer to prevent child marriages from taking place, or 
  • Any person who has personal knowledge about a child marriage which may take place. 

Notice Issued by Court

Before passing this order the Court must issue a notice to the person accused under this law to give an opportunity to defend themselves.

 

However, in urgent cases, the Court has the power to issue an interim order (before the final order)  stopping the marriage, without giving notice to the person(s) accused.

 

Punishment 

If a temporary order has been issued against you and you do not follow it, you will be punished with jail time of up to two years and/or fine up to one lakh rupees. 

 

FIR, Arrest and Bail

When an FIR is filed for a crime or atrocity committed against a member of the scheduled castes or scheduled tribes, no preliminary inquiry needs to be conducted by the investigation officer before the said filing.

The investigation officer does not require any prior approval of his seniors for arresting any person accused of committing a crime under this law either.

Moreover, a person who fears arrest for crimes that he may or may not have committed under this law cannot file for anticipatory bail.1

  1. Section 18A, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989. [↩]

Not following Traffic Signals and Signs

Traffic Signals

Under the law, a traffic light, traffic signal or stoplight is a signalling device positioned on roads to indicate when it is permissible to drive. The traffic signal passes on its information using a universal colour code1:

  • Red Light: Stop the vehicle
  • Yellow Light: Slow down the vehicle/get ready to move
  • Green Light: Move the vehicle

Every person who is driving a motor vehicle has a duty to follow traffic signals (( Section 12, The Motor Vehicles (Driving) Regulations, 2017.)). If you do not follow traffic signals, you will be fined. For example, if the traffic signal is red at an intersection, and you begin driving your car or do not stop driving your car, then you will be fined.

The amount of fine you have to pay varies from state to state, but you will have to pay at least a fine between Rs. 500 and Rs. 1,0002. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

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

 

Traffic Signs and Orders

Every person who is driving a motor vehicle has a duty to follow traffic signs, driving regulations and any directions given by traffic or police officers3. 

If you do not follow traffic signs, driving regulations or orders given to you by the traffic officer, you will be fined. For example, if you take a U-turn on an intersection where such a turn is clearly prohibited, you may be fined. 

For a full list of traffic signs with illustrations, please see the First Schedule of the Motor Vehicles Act, 1988, which you can access here.

The amount of fine you have to pay varies from state to state, but you will have to pay at least a fine of Rs. 500 for the first offence, and a fine of Rs. 1,500 for every subsequent offence (( Section 177, The Motor Vehicles Act, 1988.)). The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Offence Frequency of Offence Fine Amount (In INR)
Delhi Disobeying traffic signs First offence 500

 
Any subsequent offence 1,500
Karnataka Disobeying traffic signs First offence 500
Any subsequent offence 1,000
  1. Section 12, The Motor Vehicles (Driving) Regulations, 2017. [↩]
  2. Section 177A, The Motor Vehicles Act, 1988 [↩]
  3. Section 119, The Motor Vehicles Act, 1988. [↩]

Arrest Without Warrant

There are certain crimes for which the police can arrest you without a warrant. Such crimes are known in law as cognizable offences. These crimes are usually of serious nature such as rape, murder, assault etc 

If any of these scenarios apply to you, then the police do not need the warrant to arrest you:

  • When you commit a crime in front of a police officer (for example at a public event or in a police station);
  • When the police have received reliable information or a complaint that you have committed a cognizable crime;
  • If the court has declared you as a proclaimed offender;
  • If the police found you with stolen property and they suspect that you stole it;
  • If you cause trouble to a police officer who is performing his duty;
  • If you escape from custody of the police or jail;
  • If you are suspected of deserting the army;
  • If you are a suspect in a crime outside India and you are liable to be brought back to India; or
  • If you were convicted of a crime in the past and have violated the conditions of your release.

The possibility of being arrested is much lesser if you have been accused of a cognizable crime with a jail time of fewer than seven years. The police should have reliable information which points to your involvement. Further, you can be arrested only if:

  • you are likely to escape, destroy evidence, or influence the victim or witnesses,
  • you are likely to commit yet another crime, or
  • if your presence is necessary for police investigation.

Is there a right to appeal against a contempt of court decision?

Yes, a person punished for the offence of contempt of court (both civil and criminal contempt) has the right to appeal in the following ways:

Punishment Passed By? Who can you appeal to? Time Limit
Single Bench of the High Court  Bench of 2 or more Judges of the same High Court 30 days1 
Bench of more than one Judge of the High Court Supreme Court 60 days.(( Section 19(4)(b), Contempt of Courts Act, 1971.))
Judicial Commissioner of a Union Territory Supreme Court 60 days.(( Section 19(4)(b), Contempt of Courts Act, 1971.)) 

The law only allows a person to appeal against the decision once. If the appeal fails, no further remedy is present under the Contempt of Courts Act, 1971.  However, the Constitution of India allows an appeal against any judgment of any court, including the High Court. This is done through a unique form of a petition, known as the ‘Special Leave Petition’.((  Article 136, Constitution of India, 1950.))  The Supreme Court has the option to decide whether or not to hear an appeal arising out of the Special Leave Petition.(( Article 136, Constitution of India, 1950.)) 

  1. Section 19(4)(a),  Contempt of Courts Act, 1971. [↩]

Child Marriage Prohibition Officers

Child Marriage Prohibition Officers (CPMO) are appointed by the State governments to curb issues of child marriages in each State. These officers are responsible for reporting and preventing child marriages. 

 

The duties of the CPMO are decided and assigned by the State Government. They broadly include:

 

  • Prevention of Child Marriage by preventing performance of child marriage by taking such action as he deems fit.
  • Collection of Evidence for prosecuting persons charged under this law. 
  • Advising and counselling people of a locality against indulging in any child marriages in any way.
  • Spreading Awareness of the problems that arise out of child marriages, such as maternal mortality, malnutrition, domestic violence, etc.
  • Sensitizing the community on the issue of child marriage.
  • Reporting periodical returns and statistics to the State Government on the frequency and occurrence of child marriage. 

 

In order to effectively carry out their duties, the State Government can even confer upon the CPMO some powers of a police officer with certain conditions and limitations. This has to be done by way of a notification in the Official Gazette. 

 

To read more about the functioning of the CPMO, please refer to this Government Handbook that explains their duties in detail. (page 19-22)

Disobeying the speed limit

It is an offence to drive beyond the speed limit specified for a road. Most streets and roads have a sign with a number on it that signifies the maximum speed limit for that street or road. For example, if the speed limit in a school zone is 25 kmph, and you drive at 60 kmph, then you are over-speeding and can be punished. 

Given below are the minimum punishments for over-speeding for different kinds of motor vehicles:

  • For over-speeding a light motor vehicle, the fine amount is between Rs. 1,000 and 2,000. For any subsequent offence, your driving license can be impounded1.  
  • For over-speeding a medium goods vehicle, a medium passenger vehicle, a heavy goods vehicle or a heavy passenger vehicle, the fine amount is between Rs. 2,000 and Rs. 4,000. For any subsequent offence, your driving license can be impounded2.  

The applicable fine amount might vary across states. Given below are the fine amounts for two states:

State Vehicle Fine Amount (In INR)
Delhi Light Motor Vehicle 1,000 – 2,000
Medium/Heavy Vehicle 2,000 – 4,000
Karnataka Two/Three-Wheeler and Light Motor Vehicles 1.000
Medium/Heavy Motor Vehicle 2,000

 

Given below are speed limits for different kinds of vehicles on different kinds of roads in India3. 

 

Maximum speed per hour in kilometers on roads in India
Type of Motor Vehicle Expressway with Access Control 4 Lane and Above Carriageway (Roads with Median Strips/Dividers) Road within Municipal Limits Other Roads
Motor vehicles with  a maximum of 8 seats, in addition to the driver’s seat 120 100 70 70
Motor vehicles with nine or more seats in addition to the driver’s seat 100 90 60 60
Motor vehicles used for carriage of goods 80 80 60 60
Motorcycles 80 (If allowed on the expressway) 80 60 60
Four-wheeled vehicles –  60 50 50
Three-wheeled vehicles –  50 50 50
  1. Section 183(1)(i)(iii), The Motor Vehicles Act, 1988. [↩]
  2. Section 183(1)(ii)(iii), The Motor Vehicles Act, 1988. [↩]
  3. https://morth.nic.in/sites/default/files/notifications_document/Draft_Notification_no_S_O_1522E_dated_6_4_2018_regarding_Revised_Speed_Limits_0.pdf [↩]

Who is a Marriage Officer?

A marriage officer is a person appointed by the State Government after notification in the Official Gazette. The main duty of a marriage officer is to facilitate the registration and provide the certificate of marriage to the parties.(( Section 3, The Special Marriage Act, 1954.))

Child-Friendly Court Process

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court must ensure some child-friendly procedures for the child:

Ensuring the presence of familiar people through the legal process

The Court will allow the child’s family member/relative/friend or guardian to be present with them during the trial(( Section 33(4), The Protection of Children from Sexual Offences Act, 2012.)).

Ensuring that the legal process is not strenuous for the child

The Court will:

  • Allow frequent breaks for the child during the trial(( Section 33(3), The Protection of Children from Sexual Offences Act, 2012.)).
  • Not call the child to the Court repeatedly to testify(( Section 33(5), The Protection of Children from Sexual Offences Act, 2012.)).
  • In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at their home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence.(( Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.))
  • Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the child from the accused and the public

  • The Court  must ensure that the child is not exposed to the accused in any way during the trial. However, the accused can hear the child’s statement. Some examples of how Courts do this include one-sided mirrors, curtains or through a video call(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).
  • The Court must have private court proceedings so that the media cannot report about the happenings in Court(( Section 37, The Protection of Children from Sexual Offences Act, 2012.)).

Questioning of a Child

Due to the sensitivity of the issue and for the  protection of the child, the lawyer of the accused is required to conduct the court process in a certain manner.

  • The lawyer cannot question the child directly. The lawyer will present the questions to the Special Court which will then question the child(( Section 33(2), The Protection of Children from Sexual Offences Act, 2012.)).

The lawyer cannot question the character of the child, for example,  by saying that the child has a history of lying to their parents(( Section 33(6), The Protection of Children from Sexual Offences Act, 2012.)).

Role of Courts

The Courts play a very important role during the adoption procedure. Given below are some of the important roles played by the Court:

 

Adoption Order (Non-Religious Law)(( Sections 12 and 17, Juvenile Justice (Care and Protection of Children) Act, 2015.)) 

Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) the Court receives the application from the SAA (Specialized Adoption Agency) with the relevant documents of the child so that the Court can assess whether an adoption order can be granted. The application would include:

  • Details of the SAA and co-applicants (if there are any) like Child Care Institutions
  • Details of the prospective adoptive parent(s) such as name, child adoption resource information and guidance system registration number
  • Details of the child that is going to be adopted
  • The fact that the child has been declared legally free for adoption
  • The fact that the adoptive parents have signed a Pre-adoption foster care affidavit allowing social workers of the SAA, DCPU (District Child Protection Unit) to make home visits
  • Copy of the decision of the Adoption Committee 

Read a format of the application here to understand what other details are included in the application. By passing this adoption order, the Court would be granting permission to the parents to be the adoptive parents of the child. Before passing the adoption order, the Court has a duty to keep in mind:(( Section 61, Juvenile Justice (Care and Protection of Children) Act, 2015.)) 

  • That the adoption is for the welfare of the child
  • That the wishes of the child are taken into consideration, based on age and understanding of the situation
  • That the adoptive parents have not agreed to or received any payment or reward for the adoption
  • That the adoption proceedings in Court  should be in – camera proceedings.

 

Permission to Adopt (Hindu Law)

Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) the guardian requires the Court’s permission to adopt a child, or give him up for adoption, in the following cases:(( Section 9(4), Hindu Adoption and Maintenance Act, 1956.)) 

  • where both the father and mother are dead; 
  • where both the father and mother have completely and finally renounced the world; 
  • where both the father and mother have abandoned the child; 
  • where both the father and mother have been declared to be of unsound mind by the court concerned; 
  • where the parentage of the child is not known. 

 

Appeal (Non-Religious Law and Hindu Law)

Under the non-religious law on adoption, if you are not satisfied by the orders given by the relevant authorities while adopting a child or if you adoption application has been rejected, you may appeal to the Children’s Court, within 30 days of the relevant order.(( Section 101(1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) However, even if more than 30 days have passed, you can attempt to appeal, and it will be entertained if the Court believes you have sufficient reason for not being able to appeal within the stipulated 30 days. If you are not satisfied with the order given by the Court, you may file an appeal to the High Court of your state.(( Section 101(5), Juvenile Justice (Care and Protection of Children) Act, 2015.))