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Home Archive by category "Police and Courts"

Can you get bail for UAPA cases?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 2

  Yes, but the UAPA has special bail conditions for a person accused of being involved in a terrorist activity or involved with a terrorist organisation. The accused cannot get bail: Unless the government’s lawyer has heard the bail application.  If the court thinks that there is a reasonable possibility that they actually committed theRead more

Who investigates terrorist and unlawful activities?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 2

Apart from the regular investigation authorities, such as the police, the Government has set up a special National Investigation Agency to investigate and prosecute offences related to explosive substances, atomic energy, nuclear weapons, unlawful activities, terrorist activities, hijacking, etc.   Powers of National Investigation Agency Officers NIA officers have the power to investigate these offencesRead more

Who are the authorities under the UAPA law?

By Sikha | Unlawful-activities-act | 0 comment | 1 October, 2021 | 1

  Given below are the authorities under UAPA law- Tribunal The Central Government (when necessary) constitutes a tribunal known as the Unlawful Activities (Prevention) Tribunal, consisting of one person appointed by the government. The Tribunal has the power to decide whether there is enough reason for declaring an association unlawful.    Review Committee The CentralRead more

What are the punishments for terrorist activities?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 0

Crime Punishment Terrorist Activities If it results in death – Punishable with life imprisonment or death, along with a fine In any other case – Punishable with jail time between five years and life imprisonment, along with a fine1 Raising funds for terrorist acts Jail time between five years and life imprisonment, along with aRead more

How does the Government regulate terrorist activities?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 0

If the Central Government believes that an organisation or person is involved in terrorism, it can notify them in the official Gazette as a terrorist or terrorist organization respectively. The concerned person or organization can apply to the Government to denotify them. If the Government refuses,  they can apply for a review to the concernedRead more

What are terrorist acts?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 0

A terrorist act is any act done with the intention to threaten India’s unity, integrity, security, economic security, or sovereignty, or to terrorise people in India or any foreign country, by:   Using bombs, dynamite, explosive substances, lethal weapons, poisonous gases, other hazardous nuclear substances, etc. likely to cause:  death or injuries to people  propertyRead more

What are the punishments for unlawful associations and activities?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 0

Crime Punishment Committing, aiding, or instigating unlawful activities Jail time up to seven years and a fine1. Being a member of an unlawful association, participating in its meetings, contributing to it or assisting it Jail time up to two years and a fine2. Assisting any unlawful activity of an unlawful association  Jail time up toRead more

What happens if an association is declared unlawful?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 0

Prohibiting funds: If a person has any funds (cash or other resources) which are used for an unlawful association, the Government can pass a written order prohibiting the person from paying, delivering, transferring or dealing with them in any way. However, the Government allows such monetary dealings if they are done according to the conditionsRead more

How does the Government regulate unlawful associations?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 1 October, 2021 | 0

  Declaring an association as unlawful   If the Central Government believes that any association is, or has become, an unlawful association, it can declare the association as unlawful by publishing an official Gazette notification, usually with reasons for declaring the association as unlawful. The Government will also send the notification to the concerned associationRead more

What is an unlawful association?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 30 September, 2021 | 0

An unlawful association is a group which tries to commit or commits unlawful activities or any activity punishable under Sections 153A or 153B of the Indian Penal Code, 1860. Unlawful associations include: Groups which encourage or assist people to participate in such activities. For example, a group who conspires to plan a terrorist attack. MembersRead more

What are unlawful activities?

By Sikha | Police and Courts, Unlawful-activities-act | 0 comment | 30 September, 2021 | 1

An unlawful activity can be through actions, words (spoken or written), signs or visible representations, etc. An “unlawful activity” under this law can include1: Anything done to bring about the surrender of Indian territory. For example, staging a coup to take over Delhi from the Government’s control. Any action that supports the withdrawal of aRead more

Whom does the UAPA apply to?

By Sikha | Unlawful-activities-act | 0 comment | 30 September, 2021 | 2

The UAPA applies to anyone who commits a UAPA crime in India or outside India1. It applies to Indian citizens irrespective of where the crime is committed and also includes people in Government service, and people on ships and aircrafts registered in India.   Types of persons Apart from individuals, the UAPA also applies to2Read more

What is Contempt of Court?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Contempt of court is any action or writing, meant to lower the authority of a court or a Judge or to interfere with the course of justice or the lawful process of the court. The Contempt of Court Act, 1971, defines contempt of court to include two kinds- civil and criminal contempt1. A contempt proceedingRead more

Who does the law apply to?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

The law is meant to safeguard the public’s faith in the judiciary and its authority1. The law applies to the general public, and prohibits the public from making such remarks against the judiciary. However, this restriction won’t be applicable if the remarks come under any of the defenses given by the law.  The law restrictsRead more

Who can file a complaint?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Anyone can file a complaint against a person who has made scandalizing remarks or otherwise stood in contempt against the judiciary1.  However, the contempt proceeding only happens between the court and the alleged offender. The complainant is only an informer, whose duty ends after informing the court. It is open to the court to determineRead more

What does the law say you can/cannot do?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law.  Innocent publication and distribution of matter Under the law, if a publication, like a book or article, tends to prejudice any pending court proceeding, such as publicly discussing unsubstantiated evidence, it will amountRead more

Who are the authorities under the law?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

The Constitution of India, 1950 empowers the Supreme Court1 and High Courts2 to have the powers to punish for contempt. This means that if a person is held for contempt against any Subordinate Court like the District Court, the respective High Courts of the State, shall have the power to punish such a person3. Here,Read more

What are the offences and punishments under this law ?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments1. However, such an apology should be genuine and not merely a ruse to save oneself from punishment2.  Punishment for Contempt of Court The punishment for civil and criminal contempt is the same.Read more

Who can you complain to regarding a grievance under the law?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Any person can file a complaint against a third party on an alleged offence of contempt of court. Such an application can be forwarded to either the Supreme Court, High Court, or to the court of Judicial Commissioner in cases of Union Territories, in the form of a petition. However, such an application can onlyRead more

Where can contempt of court happen?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Contempt of court can happen anywhere – inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or by Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens. When contempt happens before the courtRead more

How do you file a complaint for contempt?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. According to the rules of the Supreme Court, a contempt petition should contain: The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt)1.Nature of the contemptRead more

What are the costs involved in exercising rights under this law?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

For filing a petition for contempt, a certain amount of court fees have to be paid along with it. For contempt proceedings, the court fees are determined by the rules of the respective High Court or the Supreme Court. However, in the Supreme Court, the court fees do not have to be paid for theRead more

Is there a right to appeal against a contempt of court decision?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Yes, a person punished for the offence of contempt of court (both civil and criminal contempt) has the right to appeal in the following ways: Punishment Passed By?Who can you appeal to?Time LimitSingle Bench of the High Court Bench of 2 or more Judges of the same High Court30 days1Bench of more than one Judge ofRead more

Driving without a License

By Malavika Rajkumar | Traffic Fines | 1 comment | 28 June, 2019 | 2

While driving, it is mandatory to keep a copy of a valid Driving License with you at all times1, and present it to a police officer on demand2. Now, you can also carry an electronic copy of your driving license in the DigiLocker or mParivahan app3. If you hold a valid driving license, but doRead more

Underage Driving

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 3

You have  to be above a certain age to drive motor vehicles in a public place. Given below are the age limits stipulated by the law: To drive any motor vehicle (except a motorcycle with an engine capacity of less than 50 cc): 18 years 1 To drive a motorcycle with an engine capacity ofRead more

Driving a Vehicle without PUC Certificate

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 1

It is mandatory for all motor vehicles, except motorcycles of engine capacity less than 70 cc, to have a Pollution Under Control Certificate (PUC)1.  This certificate indicates that the emissions from your vehicle are under control, and in accordance with the law. This PUC certificate can be easily obtained from any certified pollution check centre,Read more

Driving a Vehicle without Registration

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 1

It is mandatory to register motor vehicles before driving them1, and after getting your vehicle registered, you will receive a Registration Certificate (RC)2. It is mandatory to carry the original copy or electronic copy of the RC and to display a registration mark on your vehicle3.  If you drive or allow a motor vehicle toRead more

Insuring Your Vehicle

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 0

Insuring your Vehicle It is mandatory for all vehicles to be insured1, and a Certificate of Insurance is the documented proof that a vehicle has been insured2, which will be issued to you by the insurer. For your vehicle to be validly insured under the law, the following conditions should be met3: The insurance policyRead more

Owning a Vehicle without a Horn

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 1

Your vehicle should be mandatorily fitted with an electric horn that is capable of giving sufficient and audible warning that the vehicle is approaching1.  If you own a motor vehicle which does not have a horn, then you will be punished with a fine of at least Rs. 500 for the first offence, and Rs.Read more

Dark-Tinted Glass

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 0

Every motor vehicle is supposed to have glass on the windscreen and windows. Sometimes, owners of motor vehicles add black films or dark-tinted films. Under the law, the glass is specified with a Visual Light transmission (VLT), which is the amount of visible light that passes through a lens or glass. For instance, a glassRead more

Not Wearing a Helmet while Driving

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 0

Anyone who drives a two-wheeler motorcycle has to wear a helmet or protective headgear 1. Further, every person, including children above 4 years of age1, who is riding the two-wheeler motorcycle must also wear a helmet. This headgear must have two features1: It can be reasonably expected to provide a degree of protection from injuryRead more

Not Wearing a Seat Belt while Driving

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 0

Every manufactured car has seat belts installed for the safety of the person driving the vehicle, as well as the passengers. If you, or any passenger you have in your car, do not wear a seatbelt, you can be fined for it1. This applies to not only the driver but also the co- passengers. Further,Read more

Using Mobile Phones while Driving

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 0

You cannot use a mobile phone while driving any motor vehicle, as it can pose a danger to the driver and the public. It can also be considered as dangerous driving, for which, you will be punished with: First Time (First Offence): Jail time between 6 months to 1 year or a fine between Rs.Read more

Triple Riding on a Two-Wheeler Motorcycle

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 1

While driving a two-wheeler motorcycle, you have to make sure that:  Only two people, including the driver, are sitting on the two-wheeler motorcycle1.  The second person should be sitting on a proper seat, which is securely fixed to the two motorcycle1.  If you violate these two conditions given above, you can be: Fined for atRead more

Not Following Traffic Signals and Signs

By Malavika Rajkumar | Traffic Fines | 0 comment | 28 June, 2019 | 1

Traffic Signals Under the law, a traffic light, traffic signal or a stop light is a signalling device positioned on roads to indicate when it is permissible to drive. The traffic signal passes on its information using a universal color code1: Red Light: Stop the vehicle Yellow Light: Slow down the vehicle/get ready to moveRead more

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Nyaaya - India's Laws Explained
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      • Right to Information
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      • Voting and Elections
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      • Air Pollution
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    • Marriage and Divorce
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      • Hindu Marriage
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Andhra Pradesh

Girl Child Protection Scheme

The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

  • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
  • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
  • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

More information on this scheme can be found here.

Bangaru Thalli Scheme

Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

Assam

Manjoni Scheme

Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

More information on this scheme can be found here.

Bihar

Mukhyamantri Kanya Suraksha Yojana

Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

  • At birth: Rs 2000
  • Age 1 upon issuance of Aadhar card: Rs. 1000
  • Age 2: Rs. 2000
  • Passing 12th grade: Rs. 10,000
  • Graduation: Rs. 25,000

These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

Goa

MAMTA scheme for girl child

With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

There is an online application for this scheme. More information on this scheme can be found here.

Gujarat

Kunwarbai Nu Mameru Yojana

The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

More information on this scheme can be found here.

Haryana

Laldi Scheme

The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

More information on this scheme can be found here.

Himachal Pradesh

Indira Gandhi Balika Suraksha Yojana

Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

Beti Hai Anmol Yojana

Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

More information on this scheme can be found here.

Jammu and Kashmir

Ladli Beti Scheme

Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

More information on this scheme can be found here.

Jharkhand

Ladli Lakshmi Yojana

Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

Karnataka

Karnataka Bhagyashree Scheme

With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

  • The girl child gets a health insurance cover of upto Rs. 25,000 per month
  • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
  • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
  • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

Kerala

Education Assistance to Women Headed Families

The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

More information on this scheme can be found here.

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