Is It Legal?

Is It Legal For A Tenant To Withhold Rent If Electricity Or Water Supply Is Interrupted In India?

No, tenants in India cannot automatically withhold rent just because the electricity or water supply is disrupted. However, the law protects tenants against the unlawful denial of essential services.

The Model Tenancy Act, 2021, allows tenants to seek restoration of utilities and claim compensation if the landlord deliberately cuts essential supplies without a valid reason. Tenants may approach the Rent Authority for interim relief, including an order directing the landlord to restore services.

Withholding rent is permitted only when ordered by the authority after examining the landlord’s conduct.

Independent withholding without an official order may be treated as rent default.

10 days ago

MahiraBookmark

Is It Legal For Police To Question A Minor Without A Parent Present?

No, it is illegal for police to question a minor without the presence of a parent, guardian, or a responsible adult.

The Juvenile Justice (Care and Protection of Children) Act, 2015, protects minors' rights during police interrogation. Police must immediately inform parents upon apprehension and conduct questioning only at child-friendly premises to avoid any custodial atmosphere.

The law forbids coercion, force, or the signing of statements by minors. Any statement recorded without parental or guardian presence can be declared inadmissible in court.

Such violations also constitute an abuse of process and breach constitutional rights under Article 21, ensuring protection of life and personal liberty for minors during legal proceedings.

10 days ago

MahiraBookmark

Is It Legal To Tint Car Windows In India?

No, it is illegal to apply any aftermarket tint films on car windows in India.

The Supreme Court has banned such films for public safety, allowing only factory-fitted tinted glass that complies with the Central Motor Vehicles Rules standards: at least 70% visible light transmission (VLT) for the front windshields, and 50% VLT for side and rear windows.

Violating these norms can attract fines and may also impact insurance claims in case of accidents. Only high-security government vehicles can get special permissions following strict regulations.

Therefore, only legally certified manufacturer-installed tints are permitted on Indian roads.

10 days ago

MahiraBookmark

Is It Legal for Companies to Keep Original Documents After Hiring?

No, it is not legal for companies to retain an employee’s original documents after hiring.

The Ministry of Labour and various court rulings clearly prohibit employers from keeping educational certificates, identity documents, or other originals. Retaining such documents may coerce employees to remain in the job and violate their fundamental right to personal liberty under Article 21.

Employers may check and verify originals at the time of joining, but they must return them immediately. Companies are allowed to retain only photocopies or self-attested copies for their records.

Thus, holding original documents constitutes an unfair labour practice and is unlawful.

10 days ago

MahiraBookmark

Is It Legal To Refuse To Give Your Aadhaar Number?

Yes, individuals can legally refuse to provide their Aadhaar number in most situations in India.

The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2018) struck down mandatory Aadhaar linkage for private entities and non-essential services, upholding the fundamental right to privacy under Article 21.

Currently, the government mandates Aadhaar only for receiving subsidies, welfare benefits, and certain statutory obligations like linking with PAN for tax purposes. Banks and private service providers cannot refuse services solely because a person does not provide their Aadhaar; alternative identification methods must be accepted.

There is no general legal obligation to share Aadhaar, and refusal does not attract a penalty, except in cases where the law specifically requires Aadhaar.

10 days ago

MahiraBookmark

Is it legal to file multiple FIRs for the same offence?

No, it is not legal to file multiple First Information Reports (FIRs) for the same offence.

The Supreme Court in T.T. Antony v. State of Kerala (2001) held that only one FIR can be registered for a particular incident or occurrence. Registering subsequent FIRs on the same facts amounts to abuse of process and violates Article 21, which protects against double jeopardy.

However, if new and distinct facts or separate offences arise, a fresh FIR may be allowed. Otherwise, additional information must be added to the existing investigation through supplementary reports.

a month ago

MamiraBookmark

Is it legal to refuse to show ID to the police in India?

Refusing to show ID to the police isn’t automatically illegal; it depends on legal authority. Under Section 160 of the CrPC, police can ask individuals to identify themselves if they’re connected to an investigation.

Drivers must show their licence under the Motor Vehicles Act, 1988, and ID may also be required during security checks or preventive actions under Sections 41–151 of the CrPC.

If a person refuses without a valid reason during a lawful demand, they can be charged under Section 186 of the IPC for obstructing a public servant. Otherwise, citizens can politely ask officers to explain the legal basis.

a month ago

MamiraBookmark

Is filming inside government buildings or courts legal in India?

Filming inside government buildings or courts in India is generally prohibited to maintain security and confidentiality.

The Official Secrets Act, 1923, restricts photography or videography in government offices without official authorisation. In courts, recording or live streaming is not permitted unless approved by the High Court or the Supreme Court.

In Swapnil Tripathi v. Supreme Court of India (2018), the Supreme Court allowed limited live streaming of constitutional proceedings to promote transparency.

However, regular court hearings and filming inside court premises remain barred, and unauthorised recording may lead to criminal liability or contempt of court.

a month ago

MamiraBookmark

Is it legal to reduce the age of consent from 18 to 16?

Lowering the age of consent under India’s child protection laws is currently not permitted as of 2025. The Protection of Children from Sexual Offences (POCSO) Act, 2012 sets the age of consent at 18, safeguarding minors from sexual exploitation.

The Union Government opposes lowering it, citing risks of increased trafficking and abuse. The law presumes that children under 18 cannot give valid consent, making sexual activity with minors a criminal offense.

Though proposals exist to reduce it to 16 to recognize adolescent autonomy, the Supreme Court has not yet ruled, with hearings scheduled for late 2025.

2 months ago

MalavikaBookmark

Is It Legal to Charge for Water at a Restaurant?

Under the Food Safety and Standards Authority of India, restaurants must provide free, regular, filtered, or tap water to customers and cannot charge for it. While restaurants may sell mineral water, customers cannot be compelled to buy it.

In Avinash Acharya v. Foresta Cafe, the Consumer Commission held the cafe liable for unfair trade practices and deficiency in service when the petitioner was forced to purchase mineral water at a higher price.

Similarly, in Rupasi Multiplex v. Mautusi Chaudhuri, the Commission noted that no one should be forced to pay an exorbitant price for a basic necessity like drinking water.

2 months ago

KhushaliBookmark

Is it legal to keep someone else’s lost property?

It is not entirely legal to keep someone’s lost property, as doing so may amount to Dishonest Appropriation of Property under Section 314 of the Bharatiya Nyaya Sanhita, 2023.

Liability arises if the finder keeps the property without trying to locate the actual owner. If the finder makes a genuine effort but cannot find the owner, they may be allowed to keep it without liability.

Additionally, Section 315 imposes penalties on anyone who dishonestly misappropriates property of a deceased person who possessed it at the time of death. The law emphasizes honesty and due diligence in handling lost or deceased persons’ property.

2 months ago

KhushaliBookmark

Is it legal to download movies or music from torrent sites?

Downloading movies or music from torrent sites in India is generally illegal if the content is copyrighted and done without the owner’s permission.

Torrenting as a technology is not illegal, but using it to download or share copyrighted material without authorization violates the Copyright Act, 1957.

Offenders can face imprisonment of up to three years and fines up to ₹3,00,000. Simply visiting torrent sites is not a crime, but reproducing, distributing, or downloading pirated content is unlawful.

The law distinguishes between lawful sharing with consent and illegal piracy, making unauthorized torrenting of copyrighted content punishable.

2 months ago

MalavikaBookmark

Is cricket betting legal in India?

Betting laws in India are complex due to the mix of outdated central legislation and varied state regulations.

The Public Gambling Act, 1867 broadly prohibits public betting, with exceptions for horse racing and state lotteries.

Gambling regulation falls under the State List, so legality varies: Goa and Sikkim allow licensed casinos and online gaming; Nagaland permits regulated games of skill; most other states ban betting.

Online betting remains a legal grey area. Platforms like Dream11 are legal as games of skill, but betting on cricket is generally considered a game of chance and is mostly illegal, except where state law specifically permits.

2 months ago

SoumyaBookmark

Is Dual Employment Legal in India?

India does not impose a blanket ban on holding multiple jobs, but statutory laws and employment contracts regulate the practice. The Factories Act, 1948 prohibits factory workers from working in more than one factory on the same day.

The Industrial Employment (Standing Orders) Rules, 1946 and various Shops and Establishments Acts (Delhi, Maharashtra, etc.) restrict working multiple jobs or exceeding permitted hours.

In other sectors, dual employment depends on the employment contract, which may include exclusivity, confidentiality, or non-compete clauses.

Undertaking a second job is legal only if it complies with statutory limits and does not breach contractual obligations.

2 months ago

SoumyaBookmark

Is it legal to kill someone in self-defense?

Yes, killing someone in self-defence can be legal under specific circumstances defined by law. In India, Sections 34-44 of the BNS,2023 protect the right of private defence.

The force used must be proportionate to the threat and the danger must be immediate and imminent. Four essential conditions must exist: the defender must be free from fault, face impending peril to life, have no reasonable means of escape, and the threat must justify lethal force.

Courts examine each case's facts to determine if actions qualify as legitimate self-defence. Excessive force beyond necessity can result in prosecution under culpable homicide provisions.

The law seeks to balance self-protection with safeguards against misuse of the self-defence claim.

3 months ago

MalavikaBookmark

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