Ask Me
Your legal question, answered in plain English
Most legal questions have already been asked. Search first and you will very often have your answer in seconds, with no waiting. If nothing here covers it, send the question in and it gets answered publicly for everyone.
124 questions answered · 324 articles searchable
01
Search first
The box above covers every answered question and every article on this site. Type the way you would speak: “cheque bounce time limit”, “husband not paying maintenance”.
02
Ask if it is not there
Send the question in the form below. Keep it general and leave out names and case numbers. Nothing you send is published with your name on it.
03
The answer is public
Questions that come up repeatedly get answered first, and the answer is published here so the next person does not have to ask at all.
Already answered
Real questions people have sent in or asked publicly, answered by Advocate Sharan Jain. Law stated as at the date on each answer.
Family & Divorce
Asked by a reader in Bengaluru
How long does a mutual consent divorce actually take in India?
Usually six to eighteen months. It runs in two motions with a statutory cooling-off period of up to six months in between, and the Supreme Court has held that the six months can be waived where everything is genuinely settled.
Read the full answer →Asked by a reader in Bengaluru
How is alimony or maintenance decided? Is there a fixed percentage?
There is no fixed percentage in Indian law. It is discretionary, and courts weigh the income gap, the standard of living during the marriage, reasonable needs, earning capacity, the length of the marriage and child responsibilities.
Read the full answer →Asked by a reader in Karnataka
Who can claim maintenance under Section 125 CrPC, now Section 144 BNSS?
A wife including a divorced wife who has not remarried, minor children whether legitimate or illegitimate, an adult child who cannot maintain themselves due to disability, and parents unable to support themselves. Since 1 July 2024 the provision is Section 144 BNSS.
Read the full answer →Asked by a reader in Bengaluru
My in-laws are refusing to return my streedhan. What can I do?
Streedhan is your absolute property and your husband or in-laws are only custodians. Build a documented inventory, send a written demand, and pursue recovery through the domestic violence proceedings, a civil claim, and where retention is wrongful, a criminal complaint.
Read the full answer →Asked by a reader in Bengaluru
Can a father get custody of his child in India, or do courts always favour the mother?
Fathers can and do get custody. There is one governing test, the welfare and best interests of the child, and it is not a contest between parents. Courts lean toward the mother for very young children, but that is a presumption on the facts, not a rule of law.
Read the full answer →Asked by a reader in Bengaluru
What are the actual steps to file a domestic violence case?
Gather evidence first, then approach the Protection Officer, a registered service provider or the Magistrate directly. You can seek protection, residence, monetary relief and interim custody orders in the same application.
Read the full answer →Asked by a reader in Bengaluru
My spouse refuses to agree to a divorce. Can I still get one?
Yes. Consent is only needed for a mutual consent divorce. Without it you file a contested petition on a statutory ground such as cruelty, desertion or adultery, and you must prove that ground with evidence.
Read the full answer →Asked by a reader in Karnataka
What exactly counts as a ground for divorce in India?
Under Section 13 of the Hindu Marriage Act the main grounds are cruelty, desertion for two years or more, adultery, conversion, unsoundness of mind, incurable disease and renunciation. Cruelty and desertion carry most contested petitions in practice.
Read the full answer →Asked by a reader in Bengaluru
What does a divorce actually cost, start to finish?
Three separate costs: a court fee fixed by statute and modest for matrimonial petitions, out-of-pocket expenses, and professional fees. A settled mutual consent divorce sits at the low end; a contested trial can cost many multiples of it.
Read the full answer →Asked by a reader in Bengaluru
What documents do we need for a court marriage, and how long does it take?
Proof of age, proof of address, passport photographs, and affidavits of marital status and non-relationship, plus three witnesses with ID. Under the Special Marriage Act there is a mandatory 30 day notice period before the marriage can be solemnised.
Read the full answer →Asked by a reader currently overseas
We live abroad. Can we still file for divorce in India?
Yes, if an Indian court has jurisdiction, which it usually does where the marriage was solemnised in India or either spouse last resided together there. Personal appearance is expected at key stages, though courts increasingly permit video appearance.
Read the full answer →Asked by a reader currently overseas
I got divorced abroad. Is that decree valid in India?
Not automatically. Under Section 13 of the Civil Procedure Code a foreign judgment is conclusive only if it passes certain tests, and Y. Narasimha Rao v. Y. Venkata Lakshmi holds that a decree on a ground not available under the law the parties married under, or passed without the other spouse being properly heard, is not recognised.
Read the full answer →Asked by a reader in Bengaluru
The case will take years. Can I get maintenance in the meantime?
Yes. Section 24 of the Hindu Marriage Act allows either spouse to seek maintenance pendente lite and the expenses of the proceedings, and Section 144 BNSS gives a parallel route with interim orders. Apply early, because it is not granted retrospectively as a matter of course.
Read the full answer →Asked by a reader in Bengaluru
The court ordered maintenance and my spouse simply stopped paying. Now what?
A maintenance order is enforceable. File for execution or recovery of arrears in the court that passed it. The court can attach salary and property, and for orders under the BNSS it can issue a warrant and order imprisonment for wilful default.
Read the full answer →Asked by a reader in Bengaluru
Can a husband claim maintenance from his wife?
Under the Hindu Marriage Act, yes. Sections 24 and 25 are worded neutrally, so a husband can seek interim maintenance and permanent alimony. Section 144 BNSS, by contrast, is available to a wife and not to a husband.
Read the full answer →Asked by a reader in Bengaluru
My spouse will not let me see our child while the case is pending. What can I do?
Apply for an interim visitation order in the pending proceedings. Courts grant access readily because contact with both parents is treated as the child's right, and they can order supervised visits, video contact, or access at a court-monitored centre.
Read the full answer →Asked by a reader in Karnataka
Is there a rule that a girl child always goes to the mother?
No. There is no rule of law that a daughter goes to the mother. The welfare of the child governs. Courts do often prefer the mother for a young girl approaching adolescence, but that is a judgment on the facts, not an entitlement.
Read the full answer →Asked by a reader in Bengaluru
Can my ex take our child abroad without my consent?
Not where it would breach a custody or access order, and a minor's passport application ordinarily requires both parents' consent. If removal is genuinely threatened, move urgently for an injunction, passport impounding and a Look Out Circular.
Read the full answer →Asked by a reader in Bengaluru
Is joint custody actually possible in India, or is it just a Western idea?
It is possible and increasingly ordered, though no statute uses the term. Courts achieve it through detailed parenting arrangements: shared decision-making, defined residence blocks and structured access, usually where both parents live in the same city and can co-operate.
Read the full answer →Asked by a reader in Bengaluru
What is the legal process to adopt a child in India?
Two routes. The Juvenile Justice Act read with the CARA regulations is the main, secular route, done through registration on the CARINGS portal, home study, referral and a court order. Hindus can alternatively adopt under the Hindu Adoptions and Maintenance Act, 1956.
Read the full answer →Asked by a reader in Bengaluru
We are in a live-in relationship. What legal rights do we actually have?
Living together is not an offence and is constitutionally protected. A relationship in the nature of marriage brings protection under the Domestic Violence Act, including maintenance and residence, and children born of such a relationship are legitimate and inherit from their parents.
Read the full answer →Asked by a reader in Karnataka
Is a second marriage valid if the first divorce was never completed?
No. A second marriage during the subsistence of the first is void under Section 11 of the Hindu Marriage Act, and bigamy is an offence under Section 82 of the Bharatiya Nyaya Sanhita, punishable with up to seven years.
Read the full answer →Asked by a reader in Bengaluru
Everyone says the marriage has irretrievably broken down. Is that a ground for divorce?
It is not a statutory ground that a family court can grant. Only the Supreme Court can dissolve a marriage on that basis, using its power under Article 142 to do complete justice, as confirmed in Shilpa Sailesh v. Varun Sreenivasan (2023).
Read the full answer →Asked by a reader in Karnataka
My spouse has disappeared and I cannot serve any notice. Can I still divorce?
Yes. File on desertion, and where ordinary service fails, ask the court for substituted service by publication in a newspaper. If the spouse has not been heard of as alive for seven years, that is itself a ground.
Read the full answer →Asked by a reader in Bengaluru
Are prenuptial agreements enforceable in India?
Not directly enforceable as a contract for Hindus, because marriage is treated as a sacrament rather than a contract and agreements anticipating divorce have been held opposed to public policy. Courts may still look at one as evidence of intention, and it carries more weight in Goa and for parties married under the Special Marriage Act.
Read the full answer →Asked by a reader in Karnataka
What is judicial separation, and why would anyone choose it over divorce?
A decree under Section 10 of the Hindu Marriage Act that relieves the parties of the obligation to live together while leaving the marriage intact. Neither can remarry. Non-resumption of cohabitation for a year after such a decree is itself a ground for divorce.
Read the full answer →Asked by a reader in Bengaluru
Can I get the marriage annulled rather than divorced?
Only on specific grounds. A marriage is void under Section 11 where there was a living spouse, prohibited degrees or sapinda relationship. It is voidable under Section 12 for impotence, unsoundness of mind, consent obtained by force or fraud, or pre-marriage pregnancy by another.
Read the full answer →Asked by a reader in Bengaluru
How is property divided after a divorce in India?
India has no community of property regime. Assets follow title and proven contribution, so a house in one spouse's sole name does not automatically become divisible. The financial adjustment usually happens through permanent alimony rather than a property split.
Read the full answer →Asked by a reader in Bengaluru
Can I record my spouse's calls or messages and use them as evidence?
Sometimes. Courts have admitted recordings between spouses, but admissibility is not guaranteed, it must satisfy the electronic evidence requirements including a Section 63 certificate under the Bharatiya Sakshya Adhiniyam, and privacy objections are taken seriously.
Read the full answer →Asked by a reader in Bengaluru
My spouse filed the case in another state. Can I have it transferred?
Yes. A transfer petition lies under Section 25 of the Civil Procedure Code before the Supreme Court where the transfer is between states, and under Section 24 before the High Court within a state. Courts have historically leaned toward the convenience of the wife.
Read the full answer →Asked by a reader in Bengaluru
Can my husband or in-laws throw me out of the house?
Not lawfully, while proceedings are on foot or a residence order exists. Section 17 of the Domestic Violence Act gives every woman in a domestic relationship the right to reside in the shared household, and she cannot be evicted except by procedure established by law.
Read the full answer →Asked by a reader in Karnataka
Are children legally required to maintain their parents?
Yes. Parents unable to maintain themselves can claim under Section 144 BNSS, and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives a faster route through a Maintenance Tribunal, including power to cancel a gift or transfer made on a promise of care.
Read the full answer →Asked by a reader in Bengaluru
How do I legally change my name after marriage or divorce?
There is no obligation to change your name at all. If you want to, the standard process is a sworn affidavit, a newspaper advertisement, and publication in the Official Gazette, after which you update each identity document.
Read the full answer →Asked by a reader in Karnataka
When do I need a guardianship certificate from the court?
When someone must act for a minor or a person unable to manage their own affairs in a way the law does not permit a natural guardian to do alone, most commonly dealing with a minor's immovable property, which needs the court's prior permission.
Read the full answer →Corporate & Commercial
Asked by a founder in Bengaluru
What should a shareholders agreement actually contain?
The clauses that decide who controls the company and how anyone gets out: board composition, reserved matters, pre-emption, tag and drag along, transfer restrictions, deadlock resolution, exit and valuation. It must also be reflected in the articles of association to bind the company.
Read the full answer →Asked by a founder in Bengaluru
Two of us are starting up. What should our founders agreement cover?
Equity split, vesting with a cliff, roles and time commitment, IP assignment to the company, decision-making, what happens when a founder leaves, and non-compete and confidentiality. Vesting and IP assignment are the two that save the company later.
Read the full answer →Asked by a founder in Bengaluru
Private limited, LLP or proprietorship? Which should I register?
If you will raise external investment or issue equity to employees, a private limited company is effectively the only workable choice. An LLP suits professional and service firms with no funding plans. A proprietorship is cheapest but gives no separation between you and the business.
Read the full answer →Asked by a reader in Bengaluru
I am a minority shareholder being frozen out. What are my remedies?
Sections 241 and 242 of the Companies Act, 2013 let you petition the NCLT for oppression and mismanagement. The Tribunal can order a buy-out of your shares, set aside prejudicial allotments and agreements, remove directors and regulate the company's future conduct.
Read the full answer →Asked by a reader in Bengaluru
My business partner and I want to separate. How do we dissolve the partnership?
By agreement through a dissolution deed, by notice where the partnership is at will, or by court order on grounds such as misconduct or persistent breach. The real work is the settlement of accounts under Sections 48 and 49 of the Indian Partnership Act, 1932.
Read the full answer →Asked by a reader in Bengaluru
Is a non-compete clause in my contract actually enforceable?
After employment ends, generally not. Section 27 of the Indian Contract Act voids agreements in restraint of trade, and Indian courts do not apply a reasonableness test to post-employment non-competes. During employment it is enforceable, and confidentiality and non-solicitation clauses stand on much firmer ground.
Read the full answer →Asked by a founder in Bengaluru
Is an NDA actually worth anything, or is it just a formality?
It is worth something, but less than people assume. India has no dedicated trade secrets statute, so an NDA is enforced as a contract and through the equitable action for breach of confidence. Its real value is defining what is confidential and making an injunction obtainable.
Read the full answer →Asked by a business owner in Bengaluru
A large company has not paid my invoice for months. Is there a faster remedy than a civil suit?
If you are a registered micro or small enterprise, yes. The MSMED Act, 2006 requires payment within 45 days, entitles you to compound interest at three times the RBI bank rate, and gives you a reference to the Micro and Small Enterprises Facilitation Council through the Samadhaan portal.
Read the full answer →Asked by a founder in Bengaluru
My company has been dormant for years. How do I shut it down properly?
For a dormant company with no liabilities, apply for strike off under Section 248 of the Companies Act, 2013 in Form STK-2. Simply abandoning the company is the expensive option, because non-filing leads to penalties and can disqualify you as a director for five years.
Read the full answer →Arbitration & ADR
Asked by a business owner in Bengaluru
Our contract has an arbitration clause. Is it actually valid, and what does it mean for us?
It is valid if it is in writing and shows a clear intention to refer disputes to arbitration for a binding decision. If it is, a court must refer the parties to arbitration under Section 8 when one of them asks, so the clause effectively removes the dispute from the ordinary courts.
Read the full answer →Asked by a business owner in Bengaluru
The other side is refusing to appoint an arbitrator. How do I get the arbitration started?
Send a written notice invoking arbitration under Section 21 and calling on the other side to concur in an appointment. If they do not act within 30 days, apply to the High Court under Section 11 and the court will appoint the arbitrator.
Read the full answer →Asked by a business owner in Bengaluru
I need an urgent order to stop assets being disposed of. Can I get one before the arbitration begins?
Yes. Section 9 lets you approach the court for interim measures before or during arbitration, and even after an award until it is enforced. Once the tribunal is constituted, Section 17 gives it the same powers and the court will usually leave it to the tribunal.
Read the full answer →Asked by a business owner in Bengaluru
The arbitrator has gone against us. Can we appeal the award?
There is no appeal on the merits. You can only apply under Section 34 to set the award aside on narrow grounds, within three months of receiving it, extendable by only 30 days for sufficient cause. Being wrong on the facts or the evidence is not a ground.
Read the full answer →Asked by a business owner in Bengaluru
We won the arbitration but they will not pay. How do we enforce the award?
Once the three month challenge window under Section 34 has passed, or a challenge has been dismissed, the award is enforced under Section 36 as if it were a decree of the court. You file an execution petition and use the ordinary attachment powers under Order 21 CPC.
Read the full answer →Asked by a business owner in Bengaluru
Are there disputes that cannot be sent to arbitration at all?
Yes. Criminal offences, matrimonial disputes, guardianship, insolvency and winding up, testamentary matters and eviction under rent control statutes are broadly non-arbitrable, because they involve rights in rem or a special forum created by statute.
Read the full answer →Intellectual Property
Asked by a business owner in Bengaluru
How do I register a trademark, and how long does it take?
Search first, then file online in the correct class or classes. A smooth application takes roughly 12 to 18 months to registration, but you may use the TM symbol from the date of filing and registration relates back to that date.
Read the full answer →Asked by a business owner in Bengaluru
My trademark application has been objected to. Is it finished?
No. An examination report is a routine step, not a refusal. You file a written reply within 30 days addressing each ground, with evidence of use if distinctiveness is in issue, and attend a hearing if the objection is maintained.
Read the full answer →Asked by a business owner in Bengaluru
Someone is using my brand name. What can I do about it?
If your mark is registered, sue for infringement under Section 29 of the Trade Marks Act. If it is not, you can still sue for passing off based on your reputation and goodwill. Either way, start with a cease and desist notice and move quickly for an interim injunction.
Read the full answer →Asked by a reader in Bengaluru
Do I need to register copyright for it to be protected?
No. Copyright arises automatically the moment an original work is created in a fixed form, and India is a Berne Convention country so no formality is required. Registration is optional but it is very useful evidence of ownership and date in a dispute.
Read the full answer →Asked by a founder in Bengaluru
We paid a freelancer to build our app. Who owns the code?
Unless there is a written assignment, the freelancer does. Section 17 of the Copyright Act makes the author the first owner, and the exception for work made in the course of employment does not cover an independent contractor. Paying an invoice does not transfer copyright.
Read the full answer →Asked by a reader in Bengaluru
Can I use a photo or a song I found online on my website or reel?
Generally no. Being freely visible online does not make a work free to use. Fair dealing under Section 52 is narrow and does not cover commercial or promotional use, and credit is not a substitute for a licence.
Read the full answer →Property & Real Estate
Asked by a reader in Bengaluru
What should I actually verify before buying a flat or site in Bangalore?
Thirty years of title flow, the encumbrance certificate, the khata and tax paid receipts, the approved plan and commencement certificate, the RERA registration, and for agricultural-origin land, the conversion order. Verify before the advance, not after.
Read the full answer →Asked by a reader in Bengaluru
What is an encumbrance certificate and how do I get one in Karnataka?
It is a record from the sub-registrar of the registered transactions affecting a property over a stated period. In Karnataka you can obtain it online through the Kaveri Online Services portal, or in person from the sub-registrar's office.
Read the full answer →Asked by a reader in Bengaluru
The seller says it is a B khata property. What does that mean for me?
A khata is the municipal record for a property that complies with approvals and is on the main register. B khata is a separate register for properties that do not fully comply, which restricts building plan sanction, trade licences and many home loans, though it does not by itself mean the title is bad.
Read the full answer →Asked by a reader in Bengaluru
Is a sale agreement enough, or do I need a sale deed?
They are completely different. An agreement to sell is a promise to transfer in future and creates no ownership. Only a registered sale deed transfers title. Never treat an agreement, however detailed, as proof that you own the property.
Read the full answer →Asked by a reader in Bengaluru
The seller is signing through a power of attorney. Is that safe?
A properly executed and registered power of attorney authorising sale is valid, and the attorney can sign the sale deed for the owner. What is not valid is treating the power of attorney itself as the transfer, which Suraj Lamp v. State of Haryana (2011) squarely rejected.
Read the full answer →Asked by a reader in Bengaluru
The builder has not given possession of my flat. Is that a consumer case or RERA?
It can be both. Delayed possession is a well-established deficiency in service before the consumer commissions, and RERA gives a parallel remedy. The right forum depends on whether you want possession with compensation or a refund with interest.
Read the full answer →Asked by a reader in Bengaluru
The builder has gone into insolvency. What happens to my flat and my money?
Homebuyers are treated as financial creditors under the Insolvency and Bankruptcy Code, so you file a claim in Form CA with the resolution professional and are represented on the committee of creditors through an authorised representative. A moratorium stops your RERA and consumer proceedings while the process runs.
Read the full answer →Asked by a reader in Karnataka
My siblings will not divide our family property. How does a partition work?
Try a registered partition deed or a family settlement first, because it is far cheaper. If that fails, file a partition suit; the court passes a preliminary decree declaring shares, then a final decree dividing the property by metes and bounds, often through a court commissioner.
Read the full answer →Asked by a reader in Karnataka
Does a married daughter still have a share in her father's property?
Yes. The 2005 amendment to the Hindu Succession Act made daughters coparceners by birth, with the same rights as sons, and marriage makes no difference. Vineeta Sharma v. Rakesh Sharma (2020) confirmed the right applies whether or not the father was alive on 9 September 2005.
Read the full answer →Asked by a reader in Karnataka
What actually counts as ancestral property?
Property inherited by a Hindu male from his father, grandfather or great-grandfather, which has remained undivided. Everyone in the coparcenary acquires a right in it by birth. Property a person buys with their own money is self-acquired and they can dispose of it freely.
Read the full answer →Asked by a landlord in Bengaluru
My tenant will not vacate. How do I evict them?
Not by force, and not by cutting off water or power. Serve a proper notice terminating the tenancy, then file an eviction petition on a statutory ground such as arrears of rent, bona fide requirement or unauthorised subletting. Self-help eviction is unlawful and exposes you to criminal liability.
Read the full answer →Asked by a reader in Bengaluru
Why is every rent agreement 11 months, and does it need to be registered?
Because a lease of immovable property from year to year, or for a term exceeding one year, must be registered under Section 17 of the Registration Act. Keeping the term at 11 months avoids compulsory registration and the higher stamp duty, and it is perfectly valid.
Read the full answer →Wills & Succession
Asked by a reader in Bengaluru
How do I make a will that will actually hold up?
In writing, signed by you, and attested by two witnesses who saw you sign. No stamp duty and no registration is required. The things that actually cause wills to fail are vague descriptions of property, beneficiary witnesses, and no proof of sound mind.
Read the full answer →Asked by a reader in Bengaluru
Do we need probate to act on a will?
No longer, as a rule. Section 213 of the Indian Succession Act, which made probate compulsory for certain wills, has been repealed. Probate is now voluntary: a useful proof of the will's genuineness, but not a precondition to acting on it.
Read the full answer →Asked by a reader in Karnataka
Succession certificate or legal heir certificate? Which one do I need?
A legal heir certificate is an administrative document from the Tahsildar identifying who the heirs are, used for pensions, gratuity and simple transfers. A succession certificate is a court grant that authorises you to collect the deceased's debts and securities, and it is what banks and companies require.
Read the full answer →Asked by a reader in Karnataka
My father died without a will. Who inherits, and in what shares?
For a Hindu male dying intestate, the property goes first to Class I heirs, who take simultaneously and in equal shares. These include the widow, sons, daughters and mother. Sons and daughters inherit equally, and only if there is no Class I heir does the property pass to Class II.
Read the full answer →Asked by a reader in Bengaluru
Should I gift the property now or leave it in a will?
A gift takes effect immediately and is generally irrevocable once accepted; a will takes effect only on death and can be changed any time. A gift of immovable property must be registered and attracts stamp duty, though concessional rates usually apply for close relatives.
Read the full answer →Asked by a reader in Bengaluru
My father nominated my brother on his bank account. Does the nominee get to keep the money?
Generally no. A nominee is ordinarily a trustee who receives the money and holds it for the legal heirs. Nomination decides who the institution may safely pay; it does not decide who ultimately owns the asset. A will does.
Read the full answer →Criminal Law & Bail
Asked by a reader in Bengaluru
What is anticipatory bail and how do I apply for it?
It is pre-arrest protection for someone who reasonably fears arrest in a non-bailable case. Since 1 July 2024 it is applied for under Section 482 BNSS, before the Sessions Court, and if refused, before the High Court.
Read the full answer →Asked by a reader in Bengaluru
An FIR has been registered against me. What should I do first?
Get a copy of the FIR and find out the exact sections, do not make statements to the police without advice, and if the offence is non-bailable, take a decision on anticipatory bail immediately.
Read the full answer →Asked by a reader in Karnataka
Can an FIR be quashed, and does having anticipatory bail help?
Yes, the High Court can quash an FIR using its inherent powers under Section 528 BNSS, but only in defined situations. Anticipatory bail and quashing are separate remedies, and having bail neither helps nor bars the quashing petition.
Read the full answer →Asked by a reader in Bengaluru
I have been named in what I believe is a false 498A case. What now?
Cruelty by a husband or his relatives is now Section 85 BNS. It is non-bailable, so the immediate priority is a decision on anticipatory bail. Do not contact the complainant, and preserve the evidence that rebuts the allegations.
Read the full answer →Asked by a reader in Karnataka
What are the different types of bail, and which one applies to me?
Bail as of right in a bailable offence, regular bail after arrest in a non-bailable offence under Section 480 BNSS, anticipatory bail before arrest under Section 482, interim bail for a short period while an application is pending, and default bail where the investigation is not completed in time.
Read the full answer →Asked by a reader in Bengaluru
What is default bail and when does the right arise?
Where the investigating agency does not file the chargesheet within 60 days, or 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, the accused is entitled to be released on bail. You must apply and be willing to furnish bail, and the right is lost once the chargesheet is filed.
Read the full answer →Asked by a reader in Bengaluru
What are my rights if the police arrest me?
To be told the grounds of arrest, to inform a relative or friend, to consult a lawyer, to be produced before a Magistrate within 24 hours, and to be medically examined. The D.K. Basu guidelines and Sections 47 and 58 BNSS set these out and they are enforceable.
Read the full answer →Asked by a reader in Bengaluru
The police will not register my FIR. What can I do?
Registration of an FIR is mandatory where the information discloses a cognizable offence, per Lalita Kumari. If the station refuses, send the complaint in writing to the Superintendent of Police, and if that fails, apply to the Magistrate under Section 175(3) BNSS for a direction to register and investigate.
Read the full answer →Asked by a reader in Karnataka
I received a summons from a court. What happens if I do not go?
The court escalates. First a bailable warrant, then a non-bailable warrant, and eventually proclamation and attachment of property. Ignoring a summons converts a manageable case into an arrest situation, and it destroys your credibility on bail.
Read the full answer →Asked by a reader in Bengaluru
Someone has defamed me. Should I file a civil or a criminal case?
Both are available. Criminal defamation is Section 356 of the Bharatiya Nyaya Sanhita, punishable with up to two years, and it is pursued by private complaint. A civil suit seeks damages and an injunction, which is usually what actually helps.
Read the full answer →Asked by a reader in Bengaluru
An FIR has been filed for cheating. How serious is that?
Cheating is now Section 318 of the Bharatiya Nyaya Sanhita, and cheating with delivery of property carries up to seven years. It is non-bailable, so anticipatory bail is the immediate step. Many of these FIRs are civil disputes given a criminal colour, which is a recognised ground for quashing.
Read the full answer →Asked by a reader in Karnataka
The same incident is being called both a civil and a criminal matter. What is the difference?
A civil case is about a remedy between two parties, decided on the balance of probabilities. A criminal case is the State prosecuting an offence, proved beyond reasonable doubt. The same facts can give rise to both, and they run independently.
Read the full answer →Asked by a reader in Karnataka
I cannot afford a lawyer. Can I get one free?
Yes. Free legal aid is a statutory right under the Legal Services Authorities Act, 1987 for defined categories including women, children, SC and ST members, persons in custody, and anyone below the prescribed income limit. Apply at the District Legal Services Authority in the court complex.
Read the full answer →Cheque Bounce & Recovery
Asked by a reader in Bengaluru
My cheque bounced. What do I do first and what are the time limits?
30 days from the bank's return memo to send the demand notice, 15 days for the drawer to pay, then 30 days to file the complaint. Miss the notice window and you usually lose the criminal remedy.
Read the full answer →Asked by a reader in Bengaluru
The other side says the cheque was only given as security. Does that end the case?
No, not automatically. A cheque given as security can still attract Section 138 if a legally enforceable debt existed when it was presented. It is a defence the accused has to prove, not an exit.
Read the full answer →Asked by a reader in Bengaluru
I have been summoned in a cheque bounce case. What actually happens in court?
It is a summons case tried summarily. You appear, are furnished the complaint, your plea is recorded, the complainant's evidence usually goes in by affidavit, you cross-examine, your statement is recorded, then defence evidence and arguments. Most cases settle before that finishes.
Read the full answer →Asked by a reader in Bengaluru
The cheque was issued by a company. Can the directors be prosecuted personally?
Yes, under Section 141 of the NI Act, but only those who were in charge of and responsible for the conduct of the business at the relevant time. The company must itself be arraigned as an accused, and the complaint must contain a specific averment about each director.
Read the full answer →Asked by a reader in Bengaluru
Can a cheque bounce case be settled and closed?
Yes. Section 147 makes every offence under the Act compoundable, so the parties can settle at any stage. Settle early: the Supreme Court in Damodar Prabhu prescribed graded costs that increase the later in the proceedings compounding happens.
Read the full answer →Asked by a reader in Bengaluru
Someone owes me money and will not pay. What are my options?
Start with a legal notice. Then pick the route by what documents you hold: a summary suit under Order 37 CPC if the debt is on a written instrument, a Section 138 complaint if a cheque bounced, MSME Samadhaan if you are a registered micro or small supplier, or arbitration if the contract provides for it.
Read the full answer →Consumer Protection
Asked by a reader in Bengaluru
Where and how do I file a consumer complaint, and what does it cost?
Under the Consumer Protection Act, 2019, you file by the value of the consideration paid: up to Rs 50 lakh before the District Commission, Rs 50 lakh to Rs 2 crore before the State Commission, above that the National Commission. Limitation is two years, and filing is possible online on e-Daakhil.
Read the full answer →Asked by a reader in Bengaluru
My product failed just after the warranty expired. Do I still have any rights?
Warranty expiry does not automatically end your rights. If the fault is an inherent manufacturing defect, or there was misrepresentation or an unfair trade practice, the product liability provisions of the 2019 Act may still let you proceed.
Read the full answer →Asked by a reader in Bengaluru
I ordered online and received a defective or completely different product. Who is liable?
The seller is liable, and the platform has its own obligations under the Consumer Protection (E-Commerce) Rules, 2020. You can complain on the National Consumer Helpline and then file before the District Commission where you live, naming both the seller and the marketplace.
Read the full answer →Asked by a reader in Bengaluru
My insurance claim has been rejected. Can I challenge it?
Yes. Get the rejection in writing with reasons, appeal internally, then approach the Insurance Ombudsman which is free and binding on the insurer, or file a consumer complaint. Section 45 of the Insurance Act bars a life policy being questioned after three years on any ground.
Read the full answer →Asked by a reader in Bengaluru
Money was taken from my account fraudulently and the bank says it is my fault. What now?
RBI's framework on unauthorised electronic transactions gives you zero liability where the fraud is due to a third-party breach and you notify the bank promptly, and limited liability if you delay. Escalate to the bank's nodal officer, then the RBI Ombudsman, which is free.
Read the full answer →Asked by a reader in Bengaluru
My flight was cancelled and the airline is only offering a credit voucher. What am I entitled to?
A refund, not a voucher, if you choose it. DGCA's Civil Aviation Requirements give passengers rights to a full refund on cancellation, compensation for denied boarding, and meals and accommodation for long delays. Escalate on AirSewa and then to the consumer commission.
Read the full answer →Asked by a reader in Bengaluru
The hospital has inflated the bill and will not release the patient. Is that legal?
Medical services are services under the Consumer Protection Act, so billing disputes and deficiency can be taken to the consumer commission. Detaining a patient or a body to compel payment is unlawful and can be challenged immediately, including by writ petition.
Read the full answer →Asked by a reader in Bengaluru
Our apartment association is charging arbitrary maintenance and cutting off services. What are our rights?
An association can levy maintenance only as authorised by its bye-laws and by a properly passed resolution, and it generally cannot disconnect essential services such as water or power as a recovery measure. Members have rights to inspect accounts and to requisition a general body meeting.
Read the full answer →Cyber & Online Fraud
Asked by a reader in Bengaluru
I lost money to an online scam. What do I do in the first hour?
Report on the national cyber crime helpline 1930 and at cybercrime.gov.in immediately, and notify your bank in writing the same day. The first few hours are when funds can still be frozen in the receiving account.
Read the full answer →Asked by a reader in Bengaluru
Someone is harassing and threatening me online. What can I actually do?
Preserve the evidence, report to the platform's grievance officer, and file on cybercrime.gov.in or at the police station. Stalking, including online stalking of a woman, is an offence under Section 78 of the Bharatiya Nyaya Sanhita, and criminal intimidation and obscene material carry their own provisions.
Read the full answer →Asked by a reader in Bengaluru
Someone has posted private photographs of me online. How do I get them taken down fast?
The IT Rules require intermediaries to remove non-consensual intimate imagery within 24 hours of a complaint. Report to the platform and on cybercrime.gov.in, which has a dedicated women and children reporting channel that allows anonymous complaints. Voyeurism and publishing such material are serious offences.
Read the full answer →Asked by a business owner in Bengaluru
Someone is posting false reviews and defamatory content about my business. What can I do?
Send a cease and desist notice, report to the platform's grievance officer under the IT Rules, and if it continues, sue for defamation seeking an injunction and damages. Where the poster is anonymous, courts can grant a John Doe order and direct the platform to disclose subscriber details.
Read the full answer →Asked by a reader in Bengaluru
Someone has created a fake social media profile in my name. What do I do?
Report it to the platform as impersonation, which most remove quickly with ID proof, and file on cybercrime.gov.in. Identity theft is an offence under Section 66C and cheating by personation under Section 66D of the IT Act, and cheating by personation is also Section 319 BNS.
Read the full answer →Asked by a reader in Bengaluru
A company keeps using my personal data. What rights do I have under the new data law?
The Digital Personal Data Protection Act, 2023 gives you rights to access, correction, erasure and grievance redressal. But it is being switched on in stages: the Rules were notified in November 2025 and the core obligations and enforceable rights only commence in May 2027, so today the practical remedies still lie elsewhere.
Read the full answer →Employment & Labour
Asked by a reader in Bengaluru
My employer is withholding my full and final settlement and relieving letter. What are my options?
Start with a written demand setting out the amounts, then the Labour Commissioner or the appropriate authority depending on your role and salary. Withholding statutory dues is not a permissible bargaining tool, whatever the notice-period dispute is.
Read the full answer →Asked by a reader in Bengaluru
I was terminated without notice or reason. Was that lawful?
It depends on whether you are a workman under the Industrial Disputes Act. If you are, termination requires notice, compensation and, for misconduct, a proper domestic enquiry, and you can raise a dispute before the Labour Court. If you are not, your remedy is contractual.
Read the full answer →Asked by a reader in Bengaluru
My employer wants me to pay for breaking a training bond. Is that enforceable?
Partly. A bond is enforceable only where the employer incurred genuine, provable expenditure such as specialised training, and only to the extent of reasonable compensation for actual loss. A penalty clause bearing no relation to real expense is not enforceable, and no bond can force you to keep working.
Read the full answer →Asked by a reader in Bengaluru
I have been sexually harassed at work. How does a POSH complaint actually work?
File a written complaint with your employer's Internal Committee within three months of the incident, extendable by a further three months. The IC must complete the enquiry within 90 days. Where there is no IC or the respondent is the employer, go to the district Local Committee.
Read the full answer →Asked by a reader in Bengaluru
How is gratuity calculated, and do I qualify if I left before five years?
You need five years of continuous service, except where employment ends due to death or disablement. The formula is last drawn basic plus dearness allowance, multiplied by 15, divided by 26, multiplied by completed years of service, with a statutory ceiling on the amount.
Read the full answer →Asked by a reader in Bengaluru
My employer deducts PF from my salary but is not depositing it. What can I do?
Check your UAN passbook to confirm the default, then file on the EPFO grievance portal EPFiGMS and with the Regional PF Commissioner, who can hold a Section 7A enquiry, recover the dues with damages and interest, and prosecute. Deducting and not depositing is a serious offence.
Read the full answer →Asked by a reader in Bengaluru
Can my employer stop me from freelancing or taking a second job?
During employment, yes. An exclusivity clause is a term of service, not a restraint of trade, so it is enforceable and breach can be misconduct justifying termination. After you leave, a clause barring you from working elsewhere is void under Section 27 of the Contract Act.
Read the full answer →Medical Negligence
Asked by a reader in Bengaluru
The treatment went wrong. Does that mean it was medical negligence?
No. A bad outcome is not negligence. You must show a duty of care, a breach of the standard of a reasonably competent practitioner in that field, and that the breach caused the harm. Jacob Mathew v. State of Punjab (2005) sets the standard in India.
Read the full answer →Asked by a reader in Bengaluru
The hospital is refusing to give me my medical records. Can they do that?
No. Professional conduct regulations require a doctor or hospital to supply medical records to the patient or an authorised attendant on request, within a defined period. Refusal is professional misconduct and can be taken to the State Medical Council and the consumer commission.
Read the full answer →Asked by a reader in Bengaluru
Where do I file a medical negligence claim, and what compensation can I expect?
The consumer commission is the usual forum, because medical treatment for a fee is a service. The forum is chosen by the value of the claim. Compensation is computed on loss of income, medical expenses, and pain and suffering, and there is no fixed scale.
Read the full answer →Motor Accident Claims
Asked by a reader in Bengaluru
I was injured in a road accident. How do I claim compensation?
File a claim petition before the Motor Accident Claims Tribunal where you live, where the accident happened, or where the respondent resides. There is no limitation period for a claim under Section 166, and compensation is computed on income, age and disability using the multiplier method.
Read the full answer →Asked by a reader in Karnataka
The vehicle that hit me was never traced. Is there any compensation?
Yes. Section 161 of the Motor Vehicles Act provides compensation from a government fund for hit and run cases where the vehicle is untraced. The amounts were substantially increased by the 2019 amendment and the scheme framed under it.
Read the full answer →Courts & Procedure
Asked by a reader in Bengaluru
How much does it actually cost to fight a case, and how long will it take?
There are three separate costs: court fee fixed by statute and usually tied to the value of the claim, out-of-pocket expenses, and professional fees. Timelines vary enormously by forum, and anyone who gives you a confident date at the outset is guessing.
Read the full answer →Asked by a reader in Bengaluru
Is a legal notice compulsory before filing a case, and what should it say?
It is compulsory only in specific cases, most importantly two months' notice under Section 80 CPC before suing the government, and the demand notice under Section 138 of the NI Act. Elsewhere it is optional but usually worth sending, because a large share of disputes end there.
Read the full answer →Asked by a reader in Karnataka
How long do I have to file a case before it becomes too late?
It depends on the claim. Three years for most money and contract claims, twelve years for suits relating to immovable property, and thirty years for a mortgage. A written acknowledgement or part payment before the period expires starts the clock again.
Read the full answer →Asked by a business owner in Bengaluru
Is there a faster way to sue for money than an ordinary civil suit?
Yes. A summary suit under Order 37 of the Civil Procedure Code, available on bills of exchange, promissory notes, and claims on a written contract or an enactment. The defendant cannot defend as of right and must obtain leave, which is refused where there is no genuine triable issue.
Read the full answer →Asked by a reader in Bengaluru
Can WhatsApp messages, emails and screenshots be used as evidence?
Yes, but only if produced properly. Electronic records tendered other than through the original device need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, the successor to Section 65B. A bare screenshot without that certificate is routinely rejected.
Read the full answer →Asked by a reader in Bengaluru
I won the case but the other side is not complying. What now?
File an execution petition under Order 21 of the Civil Procedure Code. The court can attach and sell property, attach bank accounts and salary, appoint a receiver and in some cases order civil detention. For breach of an undertaking or an injunction, contempt proceedings are also available.
Read the full answer →Ask a question
If the search above did not cover it, send it in. Questions of general interest get answered here, anonymously, so everyone benefits from the answer.
Answers elsewhere
Advocate Sharan Jain also answers public legal questions and writes on developments in Indian law on these platforms:
Everything on this page is general information about Indian law, published for public education. It is not legal advice, it is not a substitute for consulting an advocate about your own facts, and reading it or sending in a question does not create an advocate-client relationship. Law changes, and every case turns on its own facts.