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7
-laws an Indian should know

A country is run, guided by a certain set of rules that the citizens need to abide by. Rules are made to govern a population to conduct the proper functioning of a society.

Law is defined as a set of rules made and enforced by social and government institutions for the people to live in harmony. In a democracy, laws need to satisfy each community residing in it. Democracy considers the rights of all the living and non-living things coming under its domain.

India is the largest democracy in the world with the second largest population and seventh-largest country in the area. It is parliamentary, democratic, secular and republic. In India, the Prime Minister is the head of the government and the President is the head of the state.

The three pillars of democracy in India is; The legislature, Executive and Judiciary. The legislature is responsible for making laws in the country, the executive is responsible for the enforcement of laws while Judiciary system takes care if the rule is followed by the citizens or not.

Apart from the general laws, there are a few laws that normal citizens are unaware of. These laws are made for the benefits of the people and is hence very important to know.

1.      1.  Section 46 of the Code of Criminal procedure, 1973

In sub-section 4, the rule instructs that if the police want to arrest a woman after sunset then it is required to take permission from the local Judicial Magistrate of the first class within whose jurisdiction the crime is conducted or the arrest has been made. That means a woman cannot be arrested by a male police officer before 6am or after 6pm. The rules the arrest of the female suspect only by a lady police officer.

1.    2..According to IPC section 166A;

If a police officer fails to lodge an FIR or denies to write about any cognizable offence will lead to the prosecution of the officer on duty under the act. The imprisonment can range between 6months to a year.

2.     3. Section 129 of the Motor Vehicles Amendment Act 2019;

All the citizens above four years of age, driving or riding or being carried on a motorcycle of any class or description while travelling in public the place will have to wear a protective headgear conforming to standards specified by the Central government.

 This Act also limits the number of riders on the bike to two including the one driving it.

Section 128 of the Motor Vehicles Act also states that if the traffic police officer tries to or snatches the keys of the motor vehicle, it is stated to be illegal. The citizen has the full right to lodge a complaint against the officer.

  4.    Police Act, 1861;

According to this act, it is stated that a police officer is always on duty 24*7, whether or not he/she is wearing the police uniform.

He/she can never refuse to write a complaint if a citizen goes up to report a crime. The police officer would be eligible for prosecution for denying the right to a democratic citizen.

  5.    Limitation Act, 1963;

If the place you work in does not pay, you can lodge a complaint against your office within 3 years under the Limitation Act. If you lodge the complaint after 3 years, you will not be provided with any dues, therefore the time limit should be kept in mind.

 6.    As per the Citizen Charter (Indian Oil Corporation website);

If the gas cylinder blasts during cooking then the gas agency is accountable and the one to be lodged complaint against. They are responsible for such incidents and they have to pay 50 lakh rupees as a compensation to the person.

Not many people are aware of this rule, therefore it become more important to let people know about this. In order to claim the 50 lakh rupees, the person who’s name is registered in the gas agency has to file an FIR in the nearest police station. Later the FIR lodging, they need to submit a copy to the gas agency.

 7.    The Maternity Benefit Act, 1961;

During the gestation period of an office going woman, they are given fully paid leave which lasts for 12 weeks to 26 weeks. The Act was introduced in order to protect the employment of a woman during her maternity. According to which a woman is entitled to maternity benefit for delivering the baby and taking caring of it.

 

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