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)
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 impounded.
- 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 impounded.
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 India.
| 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 |
[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]
Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence. The Court can pass an order to either the harasser or you to undergo counseling, either alone or together, with a service provider or a counselor appointed by the Court.
A counselor cannot be:
- Any person who is connected to the case, or any person who is related to you or your harasser unless both you and the harasser consent to this(( Section 13(2)(i)(ii) and 13(3), The Protection of Women from Domestic Violence Act, 2005.)).
- Any lawyer who has appeared for the harasser in the case.
If you are uncomfortable with the counselor for any reason, you can ask your lawyer to inform the Court who will look into the matter.
Role of the Counselor
A counselor’s role is to:
- Set up a meeting either alone with you or together with the harasser at a place convenient for you and the harasser(( Section 14, The Protection of Women from Domestic Violence Act, 2005.)).
- The Counselor has to conduct the counseling proceedings with the aim of making sure that the domestic violence does not repeat. The Counselor may take an undertaking(( Section 14,(6) The Protection of Women from Domestic Violence Act, 2005.)) from the harasser stating that he:
- Will not commit any further domestic violence.
- Will not try to meet or communicate in any manner through letter, telephone, electronic mail or through any medium except in the presence of the counselor in a manner allowed by a judge.
- If you decide that you want to settle the matter and end the case, you can tell the Counselor, who will make an effort to come up with the best possible solution for everyone involved.
In the process of counseling, the harasser is not allowed to justify any reasons for subjecting you to domestic violence. After the counseling is over, the counselor has to submit the report regarding the counseling session(s) to the Court as soon as possible so that the Court can take further action, and set a date for hearing the case, within 2 months. If a settlement is not arrived at, the Counselor has to report the reasons to the Court.
Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.
When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo. They may:
Regardless of your gender or your sexual orientation, you have rights under the law while being arrested.
If you are a woman or a trans woman, then there are specific rights that you have while being arrested. For example, a lady constable has to be present when a woman is being arrested. Click here to understand what these rights are.
You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law:
Ask police to identify themselves
You can ask the police to identify themselves by showing accurate, visible and clear identification along with name tags which state their designations.
Ask for the reasons for arrest
Even if the police do not need a warrant to arrest you, it is your right to know why you are being arrested and it is the duty of police officers to tell you why.
Ask the police to Inform your family and friends
When you are being arrested, before taking you away to the police station, you can choose any family member or friend to whom the police must inform about your arrest and where you are being detained. The police have a duty to inform your family or friends about your arrest. They have to record the details of this person as an entry in the police diary and Arrest Memo.(( Joginder Kumar v. State of Uttar Pradesh (1994) 2 Crimes 106 (SC).))
Ask for a lawyer
You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you.
Ask for medical check-up
- Police officers have a responsibility to conduct a medical examination every 48 hours if you are in their custody.
- You can ask to be examined for major and minor injuries on your body by a trained doctor.
This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.
If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.(( Section 167, CrPC.)) You may face harassment/violence in many ways such as:
- The police may harass you or intimidate you into admitting a crime that you may not have committed while you are in police custody.(( Section 163 CrPC; Section 330 and Section 503, Indian Penal Code.)) This is a crime under the law for which the police officers may face jail time and a fine.
- Police officers may physically hurt you while you are in custody. You should complain about the incident to your lawyer who will be able to help you.
- If the police sexually assault you or rape you, you should file an FIR against the police officers as this is a punishable crime under the law for which the officers will face jail time and a fine.(( Section 376 (2), 376 B and D, India Penal Code, 1860.)) You will have to file an FIR with the help of Section 376(2), 376 B of the Indian Penal Code, 1860.
During the time you are in the custody of the police, to prevent any form of harassment or if you face any harassment by the police, these are some of the steps you can take :
Ask for a lawyer
You have a right to request for a lawyer from the time you are arrested, and to prevent any violence while you are in custody, it would be helpful to have a lawyer present with you.
Complain to the SP of the police station
Write a written complaint to the Superintendent of Police (SP) of the police who may look into the matter. The SP may look into the matter.
Complain to the Magistrate
Since the police officer has to mandatory take you to a Magistrate within 24 hours of your arrest, you can file a ‘private complaint’ with the help of your lawyer directly with the Magistrate. You can give details of the harassment and violence you faced while you were in police custody.
When you are arrested, you have the right to apply for bail regardless of your gender identity or your sexual orientation. This right is dependent on the kind of crime you have been arrested for:
In Cases of Bailable Crimes
If the kind of crime you are arrested for is a bailable offence, then you have a right to apply for bail to the Court and the same will be granted to you.
In Cases of Non-Bailable Crimes
In cases of non-bailable offences, bail is granted to you upon the discretion of the Court, and it will be given to you only in specific circumstances. In such cases, the Court may ask you for a higher bail amount as bond.
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