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Domestic Violence
Criminal Law, Domestic Violence

How to Escape Domestic Violence in India Safely and Legally

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How to Escape Domestic Violence in India Safely and Legally? You are not overreacting.You are not imagining things.And most importantly, you are not alone. Every few minutes, a woman in India faces cruelty inside her own home. If you are reading this quietly, hiding your phone, wearing sunglasses indoors, or crying silently in the bathroom, this guide is for you. Keep reading, because there is hope, there is help, and there is a safe legal way out. What Legally Counts as Domestic Violence in India in 2025? Most people still believe domestic violence only means broken bones or visible injuries. However, Indian law clearly disagrees. Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA)—still the strongest legal shield for women in 2025—the law recognises physical, emotional, sexual, verbal, and economic abuse. This means domestic violence includes: Slapping, kicking, burning, choking, or pushing Constant insults, humiliation, name-calling, or shaming in front of children Forced sexual relations despite refusal (covered under PWDVA even today) Withholding money for food, medicines, rent, or school fees Threats to throw you out of the house or take away your children Stalking, monitoring calls, or showing up after separation Destroying personal property or harming pets to create fear Importantly, even one incident is legally sufficient to file a domestic violence case. Why 2025 Is Different: The Law Finally Moves Fast Earlier, women waited years for relief. Today, courts act swiftly. In 2025: Courts issue emergency protection orders within 3–7 days, sometimes the same day Judges can order the abuser to leave the shared home immediately, even if the house is in his name Violating court orders leads to instant arrest and non-bailable offences Courts charge zero court fees for domestic violence cases As a result, the law now focuses on immediate safety, not delayed justice. 5 Powerful Legal Remedies You Can Demand Right Now 1. Protection Order The court legally restrains the abuser from contacting, threatening, visiting, or harassing you at home, work, or online. 2. Residence Order (Most Powerful Remedy) The court can: Remove him from the shared household, or Direct him to pay rent for a safe alternative house Ownership does not matter. Your right to residence comes first. 3. Maintenance and Compensation Courts across India now award: ₹10,000–₹50,000 monthly maintenance, and ₹3–15 lakh compensation for mental cruelty and trauma 4. Child Custody Orders Courts grant temporary custody to the safer parent while ensuring regulated visitation. 5. Free Legal Aid and Shelter Every district has One-Stop Sakhi Centres providing: Free lawyers Shelter and food Medical aid Counselling and police assistance Real 2025 Court Decisions That Restore Faith Delhi High Court awarded ₹12 lakh compensation and ₹25,000 monthly maintenance for prolonged emotional abuse Supreme Court of India jailed a man for violating a protection order by sending threatening messages Kerala High Court declared that a woman’s right to residence in her matrimonial home is a fundamental right, regardless of ownership These judgments prove that courts now act decisively and firmly. How to Leave Safely Without Putting Yourself at Risk Leaving an abusive environment is the most dangerous stage. Studies show nearly 75% of domestic violence deaths occur during separation. Therefore, plan carefully. Prepare a hidden “go-bag” with ID proofs, certificates, cash, medicines, and an extra phone Save money discreetly or trust a reliable friend Memorise one safe address Teach children to call 1098 during emergencies Create a code word with a trusted person for immediate help Preparation saves lives. How to File a Domestic Violence Case in India (Step-by-Step – 2025) Step 1: Reach Out for Immediate Help You can call or WhatsApp any of these 24×7 numbers: Women Helpline: 181 Police Emergency: 100 Women in Distress: 1091 National Commission for Women: 7827170170 Step 2: Preserve Evidence Quietly Collect evidence without alerting the abuser: Photos of injuries (with dates) Audio recordings of threats Screenshots of abusive messages Medical records (even from local clinics)   Step 3: Contact Any One Authority (Free) You may approach: The Protection Officer A registered NGO or Service Provider The Magistrate Court directly Step 4: File the Domestic Incident Report (DIR) One simple form officially activates legal protection. Step 5: Attend the First Hearing Courts usually conduct the first hearing within 3 days and aim to complete proceedings within 60 days. A Message to Every Woman Still Trapped You are not weak.You are not a burden.And you are not destroying your family. You are choosing survival, dignity, and peace. The law supports you.The courts believe you.And thousands of women rebuild their lives every single day. https://youtu.be/yc7BN_-uQnE?si=n0ROTXPgen5LPxgj Need Immediate Legal Help? If you are facing domestic violence, you do not have to navigate this alone. Jaitra Associates provides compassionate, strategic legal guidance. Take one deep breath.Then take the first step.Because the rest of your life can be peaceful, joyful, and completely yours.

Child Custody
Family Law

Fighting for Child Custody in India? Read This First

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Fighting for Child Custody in India? Read This First When a marriage breaks down, property disputes and legal notices can wait.However, one question immediately takes over every parent’s mind: “What will happen to my child?” In India, child custody battles are emotionally exhausting, legally complex, and often clouded by myths. Many parents walk into court believing that mothers always get custody or that fathers are limited to weekend visits. Fortunately, Indian family law has evolved far beyond these outdated assumptions. Let’s clearly understand how child custody laws in India actually work, what courts truly care about, and how you can protect your child’s future during this difficult phase. The One Principle That Decides Every Custody Case in India First and foremost, Indian courts follow one unbreakable rule: The welfare of the child comes above everything else. Courts do not decide custody based on: Who earns more Who filed for divorce Who was “right” or “wrong” in the marriage Instead, under Section 26 of the Hindu Marriage Act, the Guardians and Wards Act, 1890, and multiple Supreme Court judgments, judges consistently focus on: The child’s emotional well-being Physical safety Education and stability Mental and psychological health In short, courts ask:“Where will this child grow up happier, safer, and more secure?” Types of Child Custody in India 1. Physical Custody This determines where the child lives daily. One parent becomes the primary caregiver, while the other receives visitation rights. 2. Joint Custody Here, both parents share responsibility and time.For example: Alternate weeks 6 months with each parent Although still rare, courts in metropolitan cities increasingly support joint custody when both parents cooperate. 3. Sole Custody In serious situations involving neglect, abuse, or instability, courts may grant custody to only one parent, while strictly regulating the other parent’s access. 4. Third-Party Custody In extreme cases such as alcoholism, violence, or severe mental illness, courts may place the child with grandparents or close relatives. Do Mothers Automatically Get Custody in India? Contrary to popular belief, the answer is no. Yes, courts often apply the “tender years doctrine”, which generally favours mothers for children below 5 years. This preference exists because young children usually need constant maternal care. However, this is not a rule—it is only a presumption. Once a child is around 5–7 years or older, courts actively evaluate both parents equally. Fathers increasingly receive custody when they demonstrate better emotional involvement, stability, and caregiving ability. Recent Judicial Trends Supreme Court (2024): Custody of a 12-year-old boy awarded to the father after the court found the mother was emotionally manipulating the child against him (parental alienation). Bombay High Court (2025): Granted 50–50 joint custody of twins, setting a clear time-sharing schedule. Clearly, Indian courts no longer function on gender bias. Visitation Rights: What If You Don’t Get Custody? Even if you are not the custodial parent, your rights do not disappear. In fact, courts usually grant: Weekend visitation Half of school vacations Daily video or phone calls Attendance at school events and medical appointments Overnight stays during festivals Moreover, if the custodial parent blocks or manipulates visitation, you can: File a contempt of court petition Seek modification or even reversal of custody   What Indian Courts Actually Examine Before Deciding Custody Before reaching a decision, judges carefully evaluate several real-life factors: The child’s preference (usually if above 9–10 years) Emotional bonding with each parent Stability of home environment Past caregiving role Work schedules and availability History of domestic violence or substance abuse Educational continuity Sibling relationships (courts avoid separating siblings) In other words, courts reward consistent parenting, not courtroom drama. How and Where to File for Child Custody in India You can initiate custody proceedings through: Family Court District Court under the Guardians and Wards Act High Court (in urgent or exceptional cases) Importantly: There is no court fee for custody matters Free legal aid is available for eligible parents However, proper documentation and legal strategy make a significant difference. https://youtu.be/_2FJ-rszFBQ?si=eMKodeEyy_uXuaa8 A Real Custody Case from 2025 In a recent Bangalore Family Court case, the court awarded permanent custody of an 8-year-old girl to her father, an IT professional. The mother had moved to Canada and wanted to relocate the child abroad. The court refused, observing that: “Uprooting the child from her school, social circle, and grandparents for the mother’s career does not serve the child’s welfare.” This case clearly shows how stability and continuity outweigh parental convenience. A Message to Every Separated Parent Ultimately, custody battles are not about winning against your spouse. They are about: Showing up for school meetings Remembering doctor appointments Providing emotional safety Respecting the child’s bond with the other parent Courts consistently favour parents who act maturely, calmly, and child-first. Your child does not need a perfect parent.Your child needs parents who behave like adults. How Jaitra Associates Can Help You If you are facing a child custody dispute, you do not have to navigate this alone. Jaitra Associates provides compassionate, strategic legal guidance in: Child custody and visitation matters Divorce and family disputes Guardianship cases Custody modification and enforcement We focus not just on legal success, but on protecting your child’s future and emotional well-being.

Overtime Pay
Labour Law

12-Hour Shifts and Double Overtime Pay: Boon for Earnings or Burnout Trap in Startups?

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12-Hour Shifts and Double Overtime Pay: Boon for Earnings or Burnout Trap in Startups? You stare at your laptop at 10 PM on a Tuesday, pushing code for a product launch that feels endless. Moreover, your founder messages the team Slack: “We need all hands on deck this week.” Furthermore, in India’s startup world, such long hours have long been the norm, often without extra pay. Additionally, everything changes now because the new labour codes, effective from November 21, 2025, bring strict rules on working hours and overtime. However, many employees wonder if these changes truly protect them or simply create a burnout trap disguised as more money—especially in high-pressure startups. The Occupational Safety, Health and Working Conditions (OSH) Code, 2020, consolidates 13 old laws into one modern framework. Moreover, it caps normal working hours at eight hours a day and 48 hours a week. Furthermore, it allows total daily hours up to 12, including rest intervals. Additionally, any time beyond normal hours counts as overtime and pays double the ordinary wage rate. Most importantly, overtime requires your explicit consent—you cannot be forced. You gain the power to earn significantly more if you choose extra hours. However, startups often blur lines between passion and exploitation. Therefore, this blog explains the exact legal provisions in simple English, shows real calculations, and focuses on what happens in startups—where employees frequently feel they have little real power to say no. First, What Exactly Do the New Rules Say About Daily Hours and Spreadover? The OSH Code under Section 13 fixes normal working hours at no more than eight hours in a day. Moreover, the weekly limit stays at 48 hours. Furthermore, the total spreadover—the time from starting work until ending, including breaks—can extend to 12 hours in a day. Additionally, this setup enables flexible models like a four-day workweek with 12-hour shifts, as long as the weekly cap holds. In simple English, you work a standard eight-hour day most times. However, your employer schedules up to 12-hour days if needed, and the extra four hours become overtime at double pay. Furthermore, states fix exact rest intervals, but generally, you get at least 30 minutes after every five hours. Additionally, no one works more than six days straight without a full day off. Next, How Does Overtime Work and How Much Extra Will You Earn? Section 14 of the OSH Code states clearly that overtime happens when you exceed normal hours. Moreover, employers pay it at twice your ordinary rate of wages. Furthermore, the Code limits overtime to 125 hours in a three-month quarter in most cases. Additionally, most crucially, Section 14 requires your prior consent in writing or electronically—no overtime without agreement. For example, suppose your monthly salary is Rs 60,000, and you work on a five-day week. Your daily wage calculates as Rs 60,000 divided by 26 working days, which equals about Rs 2,308. Furthermore, your hourly rate becomes Rs 2,308 divided by eight hours, roughly Rs 288. Additionally, if you work a 12-hour day, the extra four hours earn you 4 times 2 times Rs 288, which totals Rs 2,304 extra for that day—almost a full day’s pay on top. Over a month with five such long days, you pocket around Rs 11,500 more. Moreover, for someone earning Rs 1 lakh monthly, one 12-hour day adds about Rs 3,846 in overtime. Furthermore, this double rate applies universally, even to IT and software employees who rarely got it before. Additionally, Why Do Many Call This a Potential Burnout Trap? Additionally, why do many call this a potential burnout trap? Prolonged working hours take a serious toll on both physical and mental health. Studies indicate that working more than 55 hours a week increases the risk of heart disease by nearly 35 percent, along with higher chances of anxiety, depression, and chronic fatigue. In India’s startup ecosystem, employees already report intense pressure, tight deadlines, and limited work–life balance, making extended shifts even more taxing. Moreover, 12-hour workdays leave little time for family, rest, or personal well-being. Persistent fatigue can lower productivity, increase workplace errors, and raise the risk of road accidents during long daily commutes. Over time, this exhaustion may lead to disengagement and high attrition rates. Furthermore, while the labour Code mandates safeguards such as free annual health checkups for workers above 45 years of age and safety committees in larger establishments, enforcement often remains weak in fast-paced startup environments. Although employee consent is required for overtime, many workers worry that refusing extended hours could negatively affect promotions, performance evaluations, or even job security—turning a supposed benefit into a subtle form of compulsion. So, What Changes Specifically for Startups—and Do Employees Really Have Power? Startups under 50 employees often escape some old rules, but the new OSH Code applies to almost all establishments. Moreover, no blanket exemptions exist for startups or IT firms anymore—states previously gave relaxations, but the national code sets the floor. Furthermore, many startups register as IT/ITES and hope for state-level flexibility, but the double pay and consent rules bind everyone. In reality, power feels uneven. Moreover, founders build “mission-driven” cultures where refusing overtime labels you as not committed. Furthermore, stock options and growth promises make employees volunteer endlessly. Additionally, early-stage startups plead resource constraints and expect free extra effort. However, the law gives you real tools now. First, consent must be explicit—not assumed from joining. Next, track your hours accurately—demand proper attendance records. Furthermore, if pressure mounts to “agree” unwillingly, you complain to the labour inspector or file via the new portals. Additionally, penalties for violations reach Rs 2-3 lakh, plus possible license issues, so compliant startups think twice. Moreover, many funded startups already shift to formal HR policies to attract talent. Furthermore, investors push for sustainable practices to avoid legal risks. Additionally, employees in larger startups gain more leverage through collective voice. Let Us Break Down a Real Startup Scenario with Numbers Imagine you join a Series B fintech startup at Rs 15 lakh annual CTC.

Labour Laws in India
Family Law, Labour Law

2025 Labour Code Shock: Lower Salary, Bigger PF?

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2025 Labour Code Shock: Lower Salary, Bigger PF? You open your payslip this month and notice something different. Moreover, your HR team sends an email about salary restructuring under the new labour codes. Furthermore, you wonder if your monthly take-home pay will shrink while your retirement savings grow bigger. Additionally, this exact scenario now plays out for millions of employees across India since the four new labour codes came into effect on November 21, 2025. The government consolidates 29 old labour laws into four modern codes. These include the Code on Wages 2019, the Code on Social Security 2020, the Industrial Relations Code 2020, and the Occupational Safety, Health and Working Conditions Code 2020. Moreover, the biggest change that directly affects your wallet comes from a uniform definition of “wages.” This definition forces companies to restructure salaries in a way that boosts provident fund (PF) contributions and gratuity payouts. However, it often reduces your immediate in-hand salary if your total cost to company (CTC) stays the same. You deserve to understand exactly what the law says and how it impacts you. Therefore, this blog breaks it down step by step with real examples, calculations, and practical tips. First, What Exactly Do the New Codes Say About “Wages”? The Code on Wages 2019 and the Code on Social Security 2020 introduce a single, clear definition of wages that applies everywhere. Previously, different laws used different definitions, which created confusion and allowed companies to keep basic pay low. The law now defines wages as all remuneration that includes: Basic pay Dearness allowance (DA) Retaining allowance (if your job provides one, common in some industries like sugar mills) However, wages exclude certain items. These exclusions cover bonus, house rent allowance (HRA), conveyance allowance, overtime pay, commissions, employer PF contributions, gratuity, and retrenchment compensation. Most importantly, the law adds a crucial 50 percent rule. Excluded components (all allowances together) cannot exceed 50 percent of your total remuneration or CTC. If they do exceed 50 percent, the excess amount counts as wages for calculating benefits like PF and gratuity. In simple English, the government ensures that at least 50 percent of your total pay counts as the core “wages” component. Companies can no longer load your salary with huge allowances to minimize statutory contributions. As a result, basic pay plus DA effectively rises to at least 50 percent for most employees. Next, Why Does This Make PF Contributions Skyrocket? Employees and employers both contribute 12 percent of wages to the Employees’ Provident Fund (EPF). Previously, many companies kept basic pay at 30 to 40 percent of CTC and put the rest in allowances. This practice kept PF deductions low. Now, with the 50 percent rule, the base for PF calculation increases. Both you and your employer pay more into your PF account each month. Moreover, for employees earning up to Rs 15,000 per month, this change hits harder because PF applies to the full amount without any cap. For higher earners, employer PF often caps at 12 percent of Rs 15,000, but your own contribution rises if basic pay goes up. Furthermore, higher PF means more money compounds over time with interest (currently around 8 to 8.5 percent per year). This builds a much stronger retirement corpus. Additionally, How Does Gratuity Get a Massive Boost? Gratuity is the lump-sum amount your employer pays when you leave after completing the eligibility period. The formula calculates it as (last drawn wages × 15 days) × number of years served, divided by 26. Under the new codes, gratuity bases on the same expanded “wages” definition. Since wages now form at least 50 percent of CTC, your final gratuity payout becomes significantly higher. For example, fixed-term contract employees now qualify for pro-rata gratuity even after just one year of service. Previously, everyone needed five continuous years. In addition, the higher wage base directly inflates the amount. Experts estimate gratuity could rise by 20 to 50 percent or more, depending on your previous salary structure. So, Will Your Take-Home Salary Actually Drop? Yes, for many employees, it will drop in the short term if your employer keeps the overall CTC unchanged. Companies shift money from flexible allowances (which you received in hand) into the higher basic pay. This higher basic pay then goes partly to increased PF deductions. However, this shift does not reduce your total earnings. It simply redirects more money into forced long-term savings. Moreover, some companies absorb the extra employer PF cost or restructure allowances creatively to minimize the dip. Others increase CTC slightly to offset the impact. Furthermore, lower earners (below Rs 15,000 monthly) feel the biggest monthly pinch because PF rises fully on the increased base. Let Us Look at Real Numbers to Make This Crystal Clear Suppose your annual CTC is Rs 10 lakh (about Rs 83,333 monthly). Old Structure (Common Before November 2025): Basic pay: 40 percent = Rs 4 lakh per year (Rs 33,333/month) Allowances (HRA, special, etc.): 60 percent = Rs 6 lakh Your PF contribution (12 percent of basic): Rs 4,000/month Take-home (after PF and taxes, roughly): Around Rs 65,000 to 70,000/month New Structure (After 50 Percent Rule): Companies raise basic to at least 50 percent = Rs 5 lakh per year (Rs 41,667/month). They reduce allowances to Rs 5 lakh. Your PF contribution now: 12 percent of Rs 41,667 = Rs 5,000/month Extra deduction: Rs 1,000/month (Rs 12,000/year) Take-home drops by about Rs 800 to 1,200/month after taxes Meanwhile, your PF corpus grows faster. After 20 years, this extra Rs 12,000 annual contribution (plus employer match and interest) adds lakhs to your retirement fund. For a Rs 7 lakh CTC employee whose basic was 40 percent earlier: Old PF: Rs 33,600/year New PF: Rs 42,000/year Monthly take-home drops by Rs 500 to 800 For Rs 15 lakh CTC: Old basic Rs 6 lakh → New at least Rs 7.5 lakh PF rise: Rs 18,000/year Gratuity for 10 years service jumps from about Rs 2.88 lakh to Rs 3.60

POSH Act
Workplace Harrasment

Workplace Harassment: Are Companies Still Breaking POSH Laws?

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Workplace Harassment: Are Companies Still Breaking POSH Laws? You walk into your office and feel uneasy because of a colleague’s repeated inappropriate comments. Moreover, you hesitate to speak up because you fear retaliation or doubt that anyone will take action. Furthermore, this situation affects thousands of women across India even today. Additionally, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, exists to protect you. However, more than 12 years after its enforcement, most companies continue to mishandle it badly. The POSH Act remains fully in force as of December 2025. Moreover, the four new labour codes that started on November 21, 2025, do not replace or weaken it. Furthermore, recent changes, including mandatory disclosures in company board reports from July 2025 and Supreme Court directives, actually strengthen accountability. Nevertheless, compliance gaps persist widely. Additionally, a 2025 SHRM study identifies seven major failures, and courts keep highlighting lapses. You need to know exactly what the law requires, where companies fail, and how you can protect yourself. Therefore, this blog explains the key provisions in simple English, shares real data and cases, and gives practical steps. First, What Exactly Does the POSH Act Cover and Who Does It Protect? Parliament passes the POSH Act in 2013 to give women a safe working environment free from sexual harassment. Moreover, it applies to every workplace in India, including offices, factories, hospitals, schools, and even homes if you work remotely. Furthermore, the law defines an “aggrieved woman” as any woman, regardless of age, employment status, or marital status. Additionally, it covers regular employees, contract workers, interns, and visitors. The Act defines sexual harassment clearly under Section 2(n). It includes any unwelcome act such as: Physical contact or advances A demand or request for sexual favours Making sexually coloured remarks Showing pornography Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature For example, unwanted touching, sending explicit messages, or creating a hostile environment through jokes all qualify. Moreover, the Madras High Court rules in January 2025 that harassment depends on how the victim feels, not the accused’s intent. In simple English, if the behaviour makes you uncomfortable and feels sexual, it counts as harassment. Next, What Must Every Employer Do Under the Law? Section 4 requires every workplace with 10 or more employees to form an Internal Complaints Committee (ICC). Moreover, the ICC must have at least four members. Furthermore, at least half must be women. Additionally, a senior woman employee serves as the presiding officer, and one external member comes from an NGO or someone familiar with these issues. Furthermore, employers display the ICC members’ names and contact details at noticeable places. They also conduct regular awareness and sensitisation programs. Moreover, the law mandates that employers provide a safe working environment and assist women who want to file police complaints. For smaller workplaces with fewer than 10 employees, or for domestic workers, a Local Complaints Committee (LC) set up by the district officer handles complaints. Additionally, from July 2025, companies disclose in their board reports the number of complaints received, disposed, and pending, plus workforce gender details. Additionally, How Does the Complaint and Inquiry Process Work? You file a written complaint to the ICC within three months of the incident, and the committee extends it by another three months for valid reasons. Moreover, the ICC first tries conciliation if you agree, but it never involves monetary settlement alone. Furthermore, the committee conducts a fair inquiry. It gives both sides a chance to present evidence and witnesses. Additionally, the inquiry finishes within 90 days, and the full process wraps up in 110 days. Moreover, the ICC submits a report with recommendations, such as warning, suspension, or termination for the accused. In simple English, the process protects confidentiality and prevents victimisation. Furthermore, if the company ignores the ICC recommendations, you approach the courts. So, Why Do Most Companies Still Get It Wrong? Despite clear rules, compliance remains poor. Moreover, the Supreme Court notes widespread lapses in 2025 and orders district-wise surveys. Furthermore, many companies form ICCs only on paper. Additionally, common failures include: No external member or improper composition, leading to biased inquiries Lack of regular training, so employees do not know their rights Delayed resolutions beyond 90 days Poor confidentiality, causing retaliation against complainants No annual reports to the district officer   Additionally, smaller companies often ignore the law completely. Moreover, a 2025 report shows pending cases at top companies rose 67 percent in one year, and reported complaints increased 29 percent, indicating both more awareness and backlog issues. Furthermore, many ICCs lack trained members. They conduct rushed or unfair inquiries. For example, the Supreme Court sets aside inquiries for violating natural justice principles. Let Us Examine Real Cases That Show the Problems and Penalties In a 2025 Border Security Force case, the Supreme Court fines the organisation Rs 25,000 for not sharing the inquiry report with the complainant. Moreover, this ruling stresses transparency. Furthermore, the Madras High Court in January 2025 emphasises victim-centric approach. Additionally, in university cases throughout 2024 and 2025, delayed or improper ICCs lead to court interventions. Penalties prove serious. Moreover, Section 26 imposes a fine up to Rs 50,000 for non-compliance, such as no ICC or no policy. Furthermore, repeat offences double the fine or lead to license cancellation. Additionally, from July 2025, false disclosures in board reports attract Companies Act penalties. In simple English, companies now face public shame plus financial hits for failures. Furthermore, What Recent Changes Make Compliance Stricter in 2025? The Ministry of Corporate Affairs amends rules in May 2025, effective July, to mandate detailed POSH disclosures in board reports. Moreover, companies report complaints received, resolved, and pending over 90 days. Additionally, the Supreme Court directs nationwide surveys and proper ICC setups. Furthermore, Delhi requires ICC registration on SHe-Box portal. These steps increase transparency. Moreover, zero complaints no longer hide inaction, because companies disclose gender ratios and cases. https://youtu.be/M8C2B949BqA?si=26Ph12l7t1riz2hp What Should You Do

Extortion
Criminal Law, Money Extortion

How to Fight Digital Money Extortion and Protect Your Rights

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How to Fight Digital Money Extortion and Protect Your Rights The Reality Of Digital Money Extortion Today Many people face digital money extortion today. Criminals send threats through chat apps and online platforms. They ask for money and create fear by claiming they will leak private photos. They create fake profiles and pretend to be police officers or government staff. They share false claims that a criminal complaint exists against the victim. These tactics create huge fear and confusion.Victims feel scared. They fear social shame. They fear family judgment. They fear job loss. They feel alone. Many victims send money because they want the fear to end. The criminal then returns for more money. This cycle destroys confidence and financial stability. What People Really Need In This Situation People want safety and clarity when they face a digital threat. They want to know if the law treats online threats seriously. They want to know if the police can help. They want to understand their rights. They want to know what steps they can take to stop the criminal. They need answers in simple language. What The Indian Law Says About Money Extortion India follows the Bharatiya Nyaya Sanhita of the year 2023. This law replaced many earlier criminal law sections.The key provision that deals with extortion is Section 308 of the Bharatiya Nyaya Sanhita. What Section 308 Means in Simple Words Section 308 of the Bharatiya Nyaya Sanhita explains extortion in clear terms. If someone creates fear in you and then uses that fear to force you to give money or property, that person commits extortion. The fear can take many forms. A criminal may threaten to leak private photos, damage your reputation, or even harm your family. Some may claim that a false complaint exists against you. Once the fear enters your mind and money or property is demanded, the act becomes extortion under the law. The punishment for this crime can be several years of imprisonment along with a fine. This shows that the law takes money extortion very seriously. How the Law Applies to Digital Threats Digital threats are treated the same way as threats made in person. The law focuses on the intention of the offender and the fear that the victim experiences. How the threat reaches you does not matter. A mobile message, an online chat, or even a video call can create fear and pressure someone to pay. When a digital threat forces a person to hand over money or property, it qualifies as extortion under Section 308. This legal clarity gives confidence to people who face online threats and abuse, assuring them that the law recognises their situation. Extra Protection Through the Information Technology Act In addition to Section 308, the Information Technology Act of 2000 provides further protection in online extortion cases. This law covers crimes such as the misuse of private images or videos, online cheating, identity theft, and fake profiles. It also addresses threats that use obscene content or private information to intimidate victims. When a criminal uses digital methods to threaten a person, the police can apply the IT Act along with Section 308 of the Bharatiya Nyaya Sanhita. This combination strengthens the victim’s case and ensures that authorities can act effectively to stop the offender. What This Means for You as a Victim Understanding the law in simple terms can empower a victim. Any threat that scares you and forces you to give money is a crime. Digital threats are considered just as serious as physical threats. You have the right to report such crimes, whether at a police station or through the cyber crime cell. The authorities can take immediate action, and the courts have the power to punish offenders. Victims do not need expert legal knowledge to seek help; keeping proof of messages, calls, and transactions is enough to get legal support. What You Should Do When You Face Digital Money Extortion If you encounter digital money extortion, staying calm is the first step. Save every message and take screenshots of conversations. Record calls if possible, and keep receipts of any payments made. Do not send more money, and avoid engaging in arguments with the criminal. Visit the nearest cyber crime cell or police station and file a complaint. You can also use the national cyber crime reporting portal for digital complaints. Consulting a lawyer who handles online crime can help guide your next steps. Inform your bank if money has been transferred, and share your situation with a trusted person so you do not feel alone. Following these steps protects your money, strengthens your case, and prevents further harassment. Why This Knowledge Matters? Digital money extortion affects many people every day. It creates fear, shame, and mental stress. Victims often feel isolated and helpless. The law is designed to support you and recognises every form of threat, whether online or offline. Taking action can help you regain control, protect your finances, and stop the criminal. You do not need to live in fear or stay silent. Understanding your rights allows you to act confidently and protect both your dignity and your peace of mind.

Insurance Fraud
Insurance

When Your Online Order Goes Wrong and How to Win Every Time

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When Your Online Order Goes Wrong and How to Win Every Time You click “Buy Now” with full confidence and wait for the product to arrive. Instead of what you paid for you might receive a different item a used product a damaged piece or in some cases a sealed box with something useless inside. Sometimes the seller stops responding completely and the platform keeps telling you to contact the same seller who has already vanished. When this happens most people feel helpless but the law gives you more power than you think. The Consumer Protection Act 2019 and the Consumer Protection E Commerce Rules 2020 place strict responsibilities on every platform and seller involved in your online purchase. Who Is Responsible When an Online Order Goes Wrong Accountability is shared by three parties. The seller who lists the product the platform that hosts the listing and the manufacturer when the issue involves defects. Platforms can no longer escape responsibility by claiming that they only act as a marketplace. Under Section 2 clause 16 of the Consumer Protection Act 2019 read along with the Consumer Protection E Commerce Rules 2020 they can be held jointly liable when a seller disappears delivers a fake item or refuses to issue a refund. Your Rights as an Online Consumer Every platform must present complete information before you place an order. This includes the country of origin full price with tax details the sellers full address the return policy and warranty terms. Fake or manipulated reviews are not allowed under Rule 6 sub rule 7 of the Consumer Protection E Commerce Rules 2020. If a delivery promise is made but missed without proper notice it counts as deficiency in service as covered by the Consumer Protection Act 2019. Any return refund or replacement policy shown at the moment you bought the item must be followed exactly. If the seller cannot be traced Rule 5 sub rule 6 of the Consumer Protection E Commerce Rules 2020 makes the platform responsible for resolving your complaint. A Step by Step Plan to Get Your Money Back Start by registering a complaint within the platform and taking screenshots of the listing order details chats and the tracking page. If there is no proper response within forty eight hours email the Grievance Officer of the platform. Rule 5 sub rule 2 clause o of the Consumer Protection E Commerce Rules 2020 requires every platform to display the name and email of this officer. Your email should state clearly that your complaint is being made under the Consumer Protection Act 2019. If the issue still remains unresolved after about a week contact the National Consumer Helpline at 1915 or file a complaint on consumerhelpline.gov.in. They will forward it to the company and give you a tracking number. If the platform still does not resolve the issue file a case at edaakhil.nic.in. For claims up to one crore rupees the District Consumer Commission in your city will handle the matter. Cases below five lakh rupees require no filing fee and you have two years to file. Most companies settle quickly once the complaint reaches the commission because they prefer to avoid an official order against them. Recent Cases Where Consumers Won In Delhi in 2024 a customer ordered an iPhone 15 Pro but received an iPhone 13. The District Commission ordered a full refund compensation of ten thousand rupees and fined Amazon twenty five thousand rupees. In Bangalore in 2025 Flipkart was directed to pay more than ninety eight thousand rupees after delivering a used laptop instead of a new one. In another case a Meesho seller took one lakh twenty thousand rupees for furniture and disappeared. The National Commission held the platform liable because the sellers details were fake and ordered a full refund. The One Sentence That Makes Companies Respond Fast Include this line in every complaint “I am filing this complaint under the Consumer Protection Act 2019 and the Consumer Protection E Commerce Rules 2020 for deficiency in service and unfair trade practice.” This shows that you know your rights and companies take such complaints seriously. The Bottom Line Online shopping sometimes goes wrong but you are not powerless. The Consumer Protection Act 2019 and the Consumer Protection E Commerce Rules 2020 are designed to protect you and make platforms accountable. When you follow the right steps results come quickly. If your order is wrong fake delayed or missing do not depend on scripted replies from customer care. Take action and your refund or replacement will follow. File at edaakhil.nic.inFor free help call 1915

Insurance Fraud
Insurance

How to Protect Yourself and Recover Losses in India When You Face Insurance Fraud

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How to Protect Yourself and Recover Losses in India When You Face Insurance Fraud Insurance fraud is rising across India. It affects policyholders who deal with fake agents, misleading policy pitches, forged documents, false promises or incorrect claim denials. Many people believe that if they were cheated without a written agreement or without proper paperwork from the agent, nothing can be done legally. That belief is incorrect. Indian law recognises insurance fraud as a serious offence. Courts, the Insurance Regulatory and Development Authority of India and consumer commissions handle such cases regularly and provide clear remedies to victims. Is Insurance Fraud Without a Written Contract Legally Actionable in India Yes, insurance fraud is legally actionable even when there is no written proof from the agent or the salesperson. Courts in India have repeatedly held that A fraud does not require a formal document to be proved Oral promises made by agents or representatives can be considered A misleading policy sale or false representation is a legally punishable act What matters is the intention to deceive. If an agent or insurer misrepresented facts, promised incorrect benefits, issued a fake policy or induced you to pay money based on false information, you have a legal right to recover your money and claim compensation. Which Laws Apply When Someone Commits Insurance Fraud Two major laws apply in these cases. A. Consumer Protection Act 2019 This law protects policyholders from unfair trade practices, cheating, mis selling and false promises by insurers and agents. You can file a complaint before District, State or National Consumer Commissions. You can claim Refund of the premium Compensation for harassment Litigation costs Interest And an order directing the insurer to provide the correct policy benefits   B. Indian Penal Code 1860  If the fraud is severe, you may also file a criminal complaint for cheating and criminal breach of trust.  Sections commonly used include  Section 420 Cheating  Section 406 Criminal breach of trust  Section 468 Forgery  Section 471 Using forged documents   This allows the police to investigate and take action against fake agents or fraudulent middlemen. C. IRDAI Regulations IRDAI requires insurers and their agents to follow strict sales guidelines. Any violation such as misrepresentation false benefits or issuing policies without consent can be escalated to IRDAI through its grievance system. What You Should Do When You Face Insurance Fraud Even if you do not have a written agreement, Indian law gives you a clear step-by-step remedy. Below is the process that authorities and courts expect you to follow. Step 1. Collect Evidence That Fraud Took Place You do not need a written policy document to prove fraud. Any proof that money was taken or that false promises were made is enough. The following items are accepted as evidence  Bank transfer or UPI proof of premium payment  WhatsApp chats with the agent SMS or email conversations  Audio recordings of conversations, if they were not secretly or illegally obtained  Screenshots of marketing messages or policy illustrations Under the Indian Evidence Act 1872, electronic records are admissible in court and treated as valid evidence. Even small evidence, such as a simple WhatsApp message promising a benefit, is enough to establish mis-selling or fraud. Step 2. Send a Legal Notice The next step is to send a formal legal notice to the insurer and the agent. Although not mandatory, a legal notice is strongly recommended because it Creates a written record Warns the company that you will take legal action Often results in immediate resolution Shows the court that you attempted a peaceful settlement. A notice typically gives the insurer seven to fifteen days to refund the money or correct the fraudulent policy sale. A lawyer should draft the notice carefully because it becomes part of the official court record. Step 3. File a Complaint in Consumer Court Under the Consumer Protection Act 2019 If the insurer fails to resolve the issue, the next remedy is to file a consumer complaint. Where can you file the case You can file the suit in a civil court in the place: The place where you live The place where you purchased the policy The place where the insurer or agent operates What you can claim Refund of the full premium Compensation for mental harassment Interest on the amount Costs of litigation Directions to issue the correct policy if you still want coverage Action against the agent for mis-selling   Step 4. Option to File a Police Complaint for Cheating If you were given a fake policy or the agent disappeared after taking money, you may file a police complaint under Sections 420, 406, 468 and 471 of the Indian Penal Code. A criminal case puts strong pressure on the offenders and often leads to faster recovery of money. Step 5. Escalate the Complaint to IRDAI IRDAI monitors insurers and can order them to take corrective action. You may file a complaint on the IRDAI grievance portal  The insurer delays The insurer does not respond properly The agent violated IRDAI guidelines The mis selling was intentional The mis selling was intentional Conclusion Insurance fraud is not just unethical but fully illegal in India. Even without a written agreement, you are protected under several strong Indian laws. The Consumer Protection Act allows refunds and compensation. The Indian Penal Code allows criminal action. IRDAI regulations ensure insurers cannot mislead or cheat policyholders without facing consequences. If you act quickly and follow the step-by-step legal process, you can recover your money, report the fraud and prevent future victims.

Loan Recovery
Civil Litigation

How to Recover Money in India When There Is No Written Loan Agreement

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How to Recover Money in India When There Is No Written Loan Agreement Friendly loans, which are amounts of money given to friends, family members, colleagues, neighbours or acquaintances, are extremely common in India. These loans are usually given based on trust, without written agreements or formal contracts. This trust works well until the borrower either delays repayment or completely refuses to return the money. At that point, most lenders panic because they believe an informal loan cannot be recovered legally. That belief is not correct. Indian law recognises friendly loans as legally valid debts even when there is no written agreement. Courts across India handle such cases regularly and provide strong remedies to lenders. Are Friendly Loans Without a Written Agreement Legally Enforceable in India Yes, friendly loans are fully enforceable even without a written agreement. In fact, courts have repeatedly held that: A loan does not require a formal document to be valid. Oral agreements are legally binding. A friendly loan is a legally enforceable debt. What matters is the intention that the money must be repaid. If the borrower took money from you and promised to return it, then you have a legal right to recover that amount through a civil court. Which Laws Apply When Someone Refuses to Return a Friendly Loan Two major laws apply in these cases. A. Civil Procedure Code 1908 This law allows you to file a Money Recovery Suit in a civil court if the borrower refuses to repay your loan. Through this suit you can claim: The principal amount Interest Cost of litigation Any additional charges, if they were agreed Civil courts give the borrower a chance to respond, but if their defence is dishonest or inconsistent, the court can pass a decree quickly. B. Limitation Act 1963 This law sets a strict time limit for filing a case. A suit to recover a friendly loan must be filed within three years from the date the money became due. If there was no specific repayment date, the three-year period starts from the date you first demanded repayment. If you delay beyond three years, the court may dismiss your case as time-barred. Therefore, time is extremely important in friendly loan disputes. What You Should Do When Someone Refuses to Repay a Friendly Loan Even if you do not have a written agreement, Indian law gives you a clear step-by-step remedy. Below is the process courts expect you to follow. Step 1. Collect Evidence That the Loan Was Given You do not need a written agreement. Any proof that money was given and repayment was expected is enough. The following items can be used as evidence: Bank transfer or digital payment proof such as UPI, NEFT, IMPS or screenshots WhatsApp chats mentioning the loan SMS messages Emails Audio recordings of conversations, if not secretly or illegally taken Witnesses present when the money was given Any acknowledgement of repayment Any message where the borrower admits that they owe you money   Under the Indian Evidence Act 1872 electronic records are admissible in court and treated as valid evidence. Even a small piece of evidence can be sufficient to prove that a friendly loan existed. Step 2. Send a Legal Notice The next step is to send a formal legal notice to the borrower. While the Civil Procedure Code does not make sending a notice mandatory for friendly loans, it is strongly recommended because it serves multiple purposes. A legal notice shows that you have made a genuine attempt to resolve the matter peacefully and provides a formal record of your demand for repayment. It also warns the borrower that legal action may follow if they fail to comply. Often, receiving a notice prompts the borrower to repay the money quickly. Typically, a notice gives the borrower seven to fifteen days to return the amount. It is important that a lawyer drafts the notice carefully, as it becomes part of the official court record if the matter proceeds to trial. Step 3. File a Money Recovery Suit If the borrower ignores your notice or refuses to repay, the next legal remedy is filing a Money Recovery Suit in a civil court. Where can you file the case You can file the suit in a civil court in the place: Where the borrower lives Where the loan transaction took place Where the lender lives in certain situations Documents needed to file the case Copy of the legal notice Proof of money transfer Proof of conversations or acknowledgements Your affidavit Any other supporting evidence What the court can order Repayment of the principal amount Payment of interest Litigation costs Additional compensation if justified Step 4. Claim Interest Under Section 34 of the Civil Procedure Code Even if interest was not discussed at the time of giving the loan, the court can award reasonable interest under Section 34 of the Civil Procedure Code. The court may grant: Interest for the period before filing the case Interest during the pendency of the case Interest after the decree until the amount is fully paid Interest is usually between six percent and twelve percent yearly, depending on the conduct of the borrower and the facts of the case. Courts often award higher interest when:  The borrower made false claims  The borrower continuously delayed repayment  The borrower ignored the legal notice Step 5. Start Execution Proceedings if the Borrower Still Refuses Sometimes, even after the court orders repayment, the borrower still does not pay. In such situations, you can begin Execution Proceedings under Order Twenty One of the Civil Procedure Code. Through execution, the court can: Attach and sell the movable property of the borrower Attach and sell immovable property Freeze or seize bank accounts Garnish the salary of the borrower Seize business assets Order instalment-based payments Issue an arrest warrant in certain situations Execution ensures that the court decree is enforced and cannot be ignored. Can You File a Police Complaint for a Friendly Loan In most cases, no. A

Arrest
Criminal Law

Understanding Your Rights: When Police Can Arrest Without a Warrant in India

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Understanding Your Rights: When Police Can Arrest Without a Warrant in India The power to arrest is one of the most crucial powers conferred upon the police. It curtails an individual’s personal liberty; therefore, the Indian legal system offers a cautious framework balancing law enforcement needs against constitutional protections. A major portion of this framework is contained in the Code of Criminal Procedure, 1973. The CrPC lays down the full procedure for investigation, arrest, bail, trial, and the rights of the accused persons. It describes the circumstances under which police can arrest without a warrant and the safeguards that must be followed. What is an Arrest? An arrest is a legal act by which the liberty of a person is restrained so that they may be brought before the court. Since this directly affects the constitutional right to personal liberty under Article 21, the law requires strict compliance with the CrPC and judicial guidelines. When Police Can Arrest Without a Warrant Indian law allows arrest without a warrant in certain conditions. The relevant provisions are contained in Sections 41, 42, 151, 54, 57 and 167 of the CrPC. Arrest in Cognizable Offences under the Section 41(1) The police may arrest without a warrant if a person is involved in a cognizable offence. Cognizable offences are serious crimes where the police can investigate on their own without going to court. Examples include theft, murder, rape, and kidnapping. The police need to have reasonable suspicion or credible information for such an arrest. It is not an unfettered power, and it needs justification. When Necessary for Investigation – Section 41(1)(b) Even in cognizable offences, police cannot arrest automatically and must record reasons showing why the arrest is necessary. Such necessity may involve preventing further offences, escape, or destruction of evidence. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) tightened this rule, directing that for offences up to seven years, police follow Section 41 and issue a Section 41A notice whenever possible thereafter. Arrest of Habitual Offenders under Section 41(2) If a person is known to be a habitual offender repeatedly involved in criminal activities, the police may arrest them without a warrant for preventive and investigative purposes. Such action is taken to deter further offences, ensure the individual does not evade legal processes, and protect the community. The police must still act reasonably, with recorded justification demonstrating that the arrest is genuinely necessary today. Preventive Arrest Under the Section 151 The police may arrest a person without a warrant when they have credible reasons to believe the individual is about to commit a cognizable offence. This power is aimed at preventing harm before it occurs and is commonly exercised in situations where tensions are high, such as volatile public gatherings, protests, or events where authorities reasonably anticipate violence or other serious disturbances may unfold today. Arrest for Medical Examination under Section 54 The police can arrest a person without a warrant if it is necessary to facilitate a medical examination that is directly connected to an ongoing investigation. This situation commonly arises in cases involving assault, sexual offences, or bodily harm where timely medical evaluation is crucial. Such examinations help preserve vital evidence, establish the nature of injuries, and support proper investigative procedures in such sensitive matters. Investigation Detention under Sections 57 and 167 On arrest, the accused must be produced before a magistrate within twenty-four hours, ensuring prompt judicial oversight. The police cannot detain any person beyond this legally mandated period without obtaining sanction from the court. Sections 57 and 167 of the Code require that the magistrate supervise the detention, review the grounds for continued custody, and safeguard the individual’s constitutional rights throughout the stages of investigation. When Police Can’t Arrest Without a Warrant There are circumstances under which a warrant is required or an arrest cannot be made. Non-Cognizable Offences Require a Warrant The police cannot arrest a person for non-cognizable offences such as public nuisance, minor hurt, defamation, and other minor disputes without a magistrate’s prior order. These offences require judicial authorization because the police lack independent power to investigate them. Sections 42 and 155 of the CrPC regulate the procedure, ensuring that arrests occur only with proper legal oversight and justified reasons in every lawful case. Compulsory Notice in Lieu of Arrest under Section 41A For offences punishable with imprisonment up to seven years, the police must issue a notice of appearance to the accused instead of making an immediate arrest, unless they record clear and specific reasons explaining why such arrest is necessary. This safeguard prevents unnecessary detention in matters involving personal disputes, minor financial disagreements, family conflicts, and situations where arrest would be disproportionate to the alleged conduct. Arrest Cannot Be Made Without Reasonable Grounds Any arrest must be based on objective and credible information, and police cannot act under pressure from complainants or on mere suspicion without proper inquiry. This principle was underscored in Joginder Kumar v. State of Uttar Pradesh (1994), where the Court held that arrest requires demonstrated necessity, not just legal authority. It emphasized that no person should ever be arrested routinely, casually, or lightly thereafter. No Arrest When the Person Cooperates Arrest is not permitted if the person is cooperating with the investigation, is willing to appear when required, and is not likely to abscond or tamper with evidence. This principle flows from Section 41 of the CrPC, as reinforced by the Supreme Court in the Arnesh Kumar judgment, which mandates that police justify the necessity of arrest through clear, recorded reasons in every appropriate case. No Arrest for Routine Questioning The police cannot arrest a person solely for the purpose of questioning. The Supreme Court, in Joginder Kumar v. State of Uttar Pradesh, emphasized that arrest is a serious measure and must not be used as a tool of convenience, coercion, or harassment. Proper legal grounds and necessity must always exist, and arrests should never be routine, arbitrary, or used merely to extract information from an

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