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Legal Help Desk

50+ Common Legal Questions Answered for 2026

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Criminal Law (BNS & BNSS)

What is the Bharatiya Nyaya Sanhita (BNS)?
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BNS replaced the IPC (Indian Penal Code) on July 1, 2024. It modernizes definitions of crime and adds new offenses like Mob Lynching and Organized Crime.
What is Community Service as punishment?
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Introduced in BNS, courts can now order minor offenders to perform social work instead of jail time for small offenses like public intoxication.
How long can police keep a person in custody?
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Police custody and judicial custody are different. Under the BNSS, police custody is subject to specific judicial authorization and statutory limits; 60 or 90 days does not mean 60 or 90 days of police custody. An arrested person must ordinarily be produced before a Magistrate within 24 hours, excluding necessary travel time. Seek urgent legal assistance in an actual arrest.
Can I report a crime via WhatsApp?
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Yes, BNSS allows reporting crimes via electronic communication (E-FIR), but the informant must sign the record within 3 days.
What is Section 113 of BNS?
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It defines ‘Terrorist Act’ for the first time in a general criminal code, previously only covered in special laws like UAPA.
Is an FIR copy free of cost?
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Yes, per Section 173(2) of BNSS, the informant is entitled to a free copy of the FIR immediately.
What is a ‘Second FIR’?
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Generally not allowed for the same incident, but a separate FIR is valid if new facts show an independent criminal act.
Rights of an arrested woman?
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Women cannot be arrested after sunset or before sunrise without a woman officer and a special Judicial Magistrate’s permission.
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Property & RERA (UP Rules)

UP RERA Transfer Fee Cap 2026?
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Effective March 2026, transfer fees are capped at ₹25,000 for third-party sales and only ₹1,000 for family transfers.
Can I complain against an unregistered project?
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Yes! UP RERA now uses ‘Form M’ to allow complaints against developers who failed to register their projects.
Builder asking for more than 10% advance?
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Under RERA, no developer can take more than 10% of the cost as advance without a registered Agreement for Sale.
Defect Liability Period in RERA?
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Builders are responsible for structural defects for 5 years after handing over possession.
What is the ‘Endorsement’ system for transfers?
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Instead of new agreements, developers must now transfer units via endorsements on existing papers to save time.
Is Occupancy Certificate (OC) mandatory?
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Yes. Without an OC, a building is legally uninhabitable, and authorities can cut utility connections.
Stamp Duty for Women in UP?
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UP typically offers a 1% rebate on stamp duty if the property is registered in a woman’s name.
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Employment & Salary

When should salary be released?
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Under new codes, salaries must be paid by the 7th of every month across all sectors.
Gratuity after 1 year?
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For Fixed-Term Employees (FTE), the 5-year rule is waived. You are eligible for gratuity if you finish 1 year.
Overtime payment rate?
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Workers are entitled to double the normal wage rate for any overtime work performed.
Are Gig/Swiggy workers covered?
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Yes, the Social Security Code 2020 introduces social security funds for gig and platform workers.
Maximum working hours per day?
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Capped at 12 hours (including intervals), with a weekly cap of 48 hours.
Can a woman work night shifts?
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Yes, with her consent and provided the employer ensures safety and transport.
Can I be fired without notice?
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Standard practice requires 30-90 days notice or pay-in-lieu, unless terminated for gross misconduct.
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Consumer Rights

Refund for ‘Non-Refundable’ tickets?
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Even if marked non-refundable, if a service is not provided or is deficient, Consumer Courts can order a full refund.
Who pays for return shipping of faulty goods?
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Under Consumer Protection Rules, the seller must bear the cost of returning defective products.
Product expiry sold in store?
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Selling expired goods is a serious offense. You can file a complaint on the National Consumer Helpline (1915).
E-commerce ‘Dark Patterns’?
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Using fake countdown timers or hidden costs is now illegal and punishable under CCPA guidelines.
Are WhatsApp screenshots evidence?
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Yes, under BSA 2023, but they must be accompanied by a Section 63 certificate (Self-Declaration).
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Family & Inheritance

Does a second wife have rights?
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If the first marriage is subsisting, a second marriage is void under Hindu Law, and the second wife has no inheritance rights.
Can parents evict children?
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Under the Maintenance & Welfare of Parents Act, senior citizens can evict children if they are being harassed or not cared for.
Is a Registered Will better?
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Registration isn’t mandatory but highly recommended as it provides strong proof of the Will’s authenticity.
Maintenance for a working wife?
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Courts may still grant maintenance if the wife’s income is insufficient to maintain the standard of living she had during marriage.
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Finance & Debt

Can I go to jail for EMI default?
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An ordinary inability to repay an EMI is not, by itself, a criminal offence. Cheque dishonour may attract Section 138 of the Negotiable Instruments Act only when its statutory requirements are met. An unsuccessful ACH/NACH auto-debit does not automatically amount to a criminal offence.
Recovery agents calling at night?
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RBI rules prohibit recovery agents from calling before 8 AM or after 7 PM.
Limitation period for recovering debt?
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Generally 3 years from the date the debt became due.
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General Legal Knowledge

What is ‘Sub-judice’?
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A matter currently being considered by a court. Discussing or publishing details that influence the case may be contempt.
Difference between Cognizable & Non-Cognizable?
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In Cognizable offenses (serious), police can arrest without a warrant. In Non-Cognizable (minor), a warrant is needed.
How to send a Legal Notice?
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A legal notice generally identifies the parties, facts, grievance and requested remedy. An advocate is not universally required to draft every notice. Specific laws may prescribe notice periods or methods of service, so check the applicable law and keep evidence of dispatch and delivery.
Validity of a Notarized Doc?
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A Notary only certifies that the person signed in their presence. It does not prove the truth of the document’s contents.
Can I represent myself in court?
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Yes, any citizen can appear as a ‘Party-in-Person’ without an Advocate, though it is not advised for complex trials.