Real Situations · Constitutional Solutions
Everyday Law.
“Your rights are only as powerful as your knowledge of them. Here are the situations you'll actually face — and exactly what to do.”
Your Rights in This Situation
- →Police can only demand documents: Driving Licence, RC, Insurance, PUC Certificate
- →Police CANNOT remove your keys under ANY circumstances — no provision in the Motor Vehicles Act permits this
- →Only a Sub-Inspector or above can issue a challan — constables may only stop and check documents
- →They CANNOT physically drag you out of the vehicle without lawful authority
- →Ask for the officer's name, badge number, and police station
- →Demand written receipt (challan) for any fine imposed — contest within 60 days on the Parivahan portal
Law Reference
Section 130, Motor Vehicles Act 1988 — MV (Amendment) Act 2019 — officer has power to demand documents only. Wearing helmet mandatory for all two-wheeler occupants (Sec. 194D MV Act).
Immediate Action
If threatened: Call 112. Note name, badge no, vehicle no, time, location.
Your Rights in This Situation
- →Right to know the grounds of arrest immediately
- →Right to inform a relative or friend about the arrest
- →Right to consult a lawyer of your choice BEFORE questioning
- →Must be produced before a magistrate within 24 hours (Section 58 BNSS, 2023)
- →Right to a medical examination at the time of arrest and upon request thereafter (D.K. Basu guidelines)
- →Demand a proper arrest memo signed by the officer
- →Cannot be held at any undisclosed location
Law Reference
Article 22, Constitution of India — D.K. Basu Guidelines (D.K. Basu v. State of W.B., 1997 & 2015) — BNSS 2023 Section 51B (replaced CrPC Section 41B w.e.f. 1 July 2024).
Immediate Action
If arrested: Do not sign any blank papers. Request a lawyer immediately. Inform family.
Your Rights in This Situation
- →File a complaint at cybercrime.gov.in or the nearest Cyber Crime Cell
- →Identity theft is punishable by 3 years imprisonment (IT Act Section 66C)
- →Online harassment is an offence under IT Act Section 66E and BNS Section 79 (replaced IPC 509 w.e.f. 1 July 2024)
- →You have the right to request takedown of your content (DPDPA 2023 — Rules still being finalised as of 2025)
- →Request police action — they cannot refuse to file a complaint online
Law Reference
IT Act Sections 66C, 66D, 67, 67A — BNS Sections 318, 319 (replaced IPC 419, 420 w.e.f. 1 July 2024) — DPDPA 2023.
Immediate Action
Report at: cybercrime.gov.in | Cyber Helpline: 1930
Your Rights in This Situation
- →Right to timely salary — Payment of Wages Act 1936
- →Right to provident fund contribution — EPF Act 1952
- →Right to maternity leave — 26 weeks for the first 2 children; 12 weeks from 3rd child onwards (Maternity Benefit Amendment Act, 2017)
- →Establishments with 50+ employees must provide crèche facilities
- →Right to POSH — Prevention of Sexual Harassment at Workplace Act 2013
- →File complaint at Labour Commissioner's office or online at shramsuvidha.gov.in
- →POSH complaints: Internal Complaints Committee or External Complaints Committee
Law Reference
Payment of Wages Act, EPF Act, Maternity Benefit (Amendment) Act 2017, POSH Act 2013, Industrial Disputes Act 1947.
Immediate Action
Labour Helpline: 1800-11-1363 | POSH complaints: file with ICC within 3 months of incident.
Your Rights in This Situation
- →Right to refund or replacement for defective goods within warranty — Consumer Protection Act 2019
- →File complaint at consumerhelpline.gov.in or the Consumer Disputes Redressal Commission
- →District Commission: claims up to ₹50 lakh | State: ₹50L–₹2Cr | National: above ₹2 crore (2021 Amendment)
- →File online without a lawyer via the E-Daakhil portal
- →Unsolicited credit card/loan calls: Register on TRAI DND registry
- →Misleading advertisements are prohibited under the Consumer Protection Act
Law Reference
Consumer Protection Act 2019, Consumer Protection (Amendment) Rules 2021 — Pecuniary limits revised. E-Daakhil portal for online filing.
Immediate Action
Consumer Helpline: 1915 | File online: consumerhelpline.gov.in
Your Rights in This Situation
- →Right to stay in the shared household — cannot be evicted without court order
- →Right to protection order — magistrate can issue within 3 days
- →Right to monetary relief for medical expenses, loss of earnings, maintenance
- →Right to custody of children pending final orders
- →Contact Protection Officer (District Women & Child Development Office)
- →Case can be filed without a lawyer — Protection Officers assist
Law Reference
Protection of Women from Domestic Violence Act, 2005 — BNS Section 85 (cruelty — replaced IPC 498A w.e.f. 1 July 2024) — Dowry Prohibition Act 1961.
Immediate Action
Women Helpline: 1091 | One Stop Centre: 181 | Police: 112