LLexfolio

Category: Know Your Rights

  • School Fee Hike Complaint: How to Challenge an Illegal Hike

    A school fee hike complaint in India goes to the fee committee or authority set up under your state’s fee regulation law, not to the consumer court, because the RTE Act bans capitation fees but does not fix tuition fees. In Uttar Pradesh, a hike for existing students is capped at the latest annual CPI increase plus 5% of the fee (s.4(1) of the 2018 Act). In Delhi, the 2025 Act fixes fees for a block of three years through a school committee that includes parents, with an appeal to a District Fee Appellate Committee within 30 days. Start with a written request to the school, then the committee, then the education department.

    PointPosition
    Who regulates tuition feesState fee laws; the RTE Act only bans capitation fees (s.13)
    Uttar PradeshU.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018: hike for existing students capped at CPI plus 5% (s.4(1)); District Fee Regulatory Committee
    DelhiDelhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025: school-level committee with parents; fee fixed for three years; appeal within 30 days
    MaharashtraEducational Institutions (Regulation of Fee) Act, 2011: complaint to the committee needs a group of parents (at least 25%)
    Consumer forumUsually not the route: schools’ core teaching activity is generally not treated as a “service”
    Harassing the child over feesMental harassment barred by RTE Act s.17 (Classes 1 to 8); complain to SCPCR or NCPCR

    Why the state law decides your school fee hike complaint

    Parents often assume there is one national rule on school fees. There is not. Fee regulation is done by state Acts and rules, and they differ in caps, committees and procedure. Tamil Nadu, Rajasthan, Karnataka, Madhya Pradesh and Haryana, among others, also have their own laws or rules. Before you write a single letter, find out which Act applies to your child’s school and which committee hears complaints. The district education office can tell you.

    • Uttar Pradesh (2018 Act): for existing students, the fee can be raised once a year, linked to the average rise in teachers’ salaries and capped at the latest annual Consumer Price Index rise plus 5% of the fee. District Fee Regulatory Committees work out limits and hear matters, for example a new charge introduced mid-year.
    • Delhi (2025 Act, notified 14 August 2025): each school forms a School Level Fee Regulation Committee that includes parents chosen by draw of lots. The approved fee binds for three academic years. Parents can appeal to a District Fee Appellate Committee within 30 days. Excess fee must be refunded, and schools face fines from ₹1 lakh to ₹5 lakh for a first violation and ₹2 lakh to ₹10 lakh for later ones, with possible loss of recognition for repeat violations.

    How to check whether a fee hike is lawful

    1. Get both years’ fee structures in writing, head by head.
    2. Calculate the rise in the total and in each head. A new head that appears from nowhere is a red flag.
    3. Read the cap and procedure in your state’s law: committee approval, notice to parents, display on the website or notice board.
    4. Ask the school in writing for the basis of the hike and the committee approval, where the law requires one.
    5. Join other parents. Some laws need a minimum group of parents to complain, and a group complaint carries more weight anyway.

    Real-life example: parents at a Ghaziabad school receive a circular raising fees by 15% and adding a “digital learning fee”. Forty parents write to the school asking for the CPI calculation and the committee’s approval for the new charge. When no reply comes in three weeks, they file a complaint with the District Fee Regulatory Committee.

    Learn this properly, with a certificate. Module 2 of the course explains state fee laws, how to test a hike, board exam rights and coaching refunds, and Module 6 gives a model fee complaint letter. Legal Rights of Parents: Education, Safety, Custody and Family Law, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    How to file a school fee hike complaint, in order

    1. Written letter to the principal and managing committee. State the old fee, the new fee, the percentage rise, and ask for the approval and calculation within 15 days. Send by email and registered post.
    2. Complaint to the fee committee or authority under your state law, within any time limit it sets (30 days for an appeal under the Delhi Act). Attach the circulars, receipts and your letter.
    3. District Education Officer or Director of Education, if there is no committee or it does not act.
    4. High Court writ petition for a policy-level or repeated violation affecting many parents, with legal advice.

    When the school punishes the child over fees

    A fee dispute is between the school and the parent. Stopping a child from attending class, making the child sit apart, or announcing names of defaulters can amount to mental harassment under s.17 of the RTE Act for Classes 1 to 8. Complain to the principal in writing and to the State Commission for Protection of Child Rights or the NCPCR’s e-Baal Nidan portal. Courts have also restrained such tactics: in 2022, during a pandemic-era fee dispute, the Calcutta High Court by interim order barred 145 schools from denying promotion or withholding report cards for non-payment of fees.

    Frequently asked questions

    Where do I file a school fee hike complaint?

    File it with the fee committee or authority under your state’s fee regulation law, after first writing to the school. In Uttar Pradesh that is the District Fee Regulatory Committee; in Delhi, the District Fee Appellate Committee hears appeals within 30 days. If your state has no committee, go to the District Education Officer.

    How much can a private school increase fees every year?

    It depends on the state. In Uttar Pradesh the hike for existing students is capped at the latest annual CPI rise plus 5% of the fee. In Delhi the fee approved by the school-level committee binds for three years. Other states have their own caps or approval systems.

    Can I file a consumer case against a school for a fee hike?

    Usually not. Consumer commissions have generally held that schools, in their core teaching and examination activity, are not service providers under the Consumer Protection Act, 2019. Fee disputes with schools go to the fee committee, the education department or the High Court.

    Should I stop paying fees while my complaint is pending?

    It is usually safer to pay the undisputed part against receipts and say in writing that you pay the rest under protest. This protects your child’s schooling and shows good faith before the committee.

    Quick quiz

    Q1. Under the U.P. 2018 fee Act, a hike for existing students is capped at:

    1. 10% every year
    2. The latest annual CPI rise plus 5% of the fee
    3. Whatever the management decides
    4. No hike for three years
    Show answer

    Answer: B. Section 4(1) links the cap to the CPI rise plus 5% of the fee.

    Q2. Under Delhi’s 2025 fee Act, an appeal to the District Fee Appellate Committee lies within:

    1. 7 days
    2. 15 days
    3. 30 days
    4. 2 years
    Show answer

    Answer: C. Parents can appeal within 30 days.

    Q3. Which law bans capitation fees at admission?

    1. Consumer Protection Act, 2019
    2. RTE Act, 2009, s.13
    3. Code on Wages, 2019
    4. POCSO Act, 2012
    Show answer

    Answer: B. Section 13 of the RTE Act bars capitation fees; tuition fee control is left to state laws.

    For fee rights, admissions and child safety in one course: Legal Rights of Parents certificate course, ₹349.

    Sources

    • Right of Children to Free and Compulsory Education Act, 2009: ss.13, 17
    • Uttar Pradesh Self-Financed Independent Schools (Fee Regulation) Act, 2018: s.4(1)
    • Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025
    • Maharashtra Educational Institutions (Regulation of Fee) Act, 2011
    • Gujarat Self-Financed Schools (Regulation of Fees) Act, 2017
    • Rajib Chakraborty v. State of West Bengal, Calcutta High Court, interim order, April 2022

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • School Fee Hike Complaint: How to Challenge an Illegal Hike

    A school fee hike complaint in India goes to the fee committee or authority set up under your state’s fee regulation law, not to the consumer court, because the RTE Act bans capitation fees but does not fix tuition fees. In Uttar Pradesh, a hike for existing students is capped at the latest annual CPI increase plus 5% of the fee (s.4(1) of the 2018 Act). In Delhi, the 2025 Act fixes fees for a block of three years through a school committee that includes parents, with an appeal to a District Fee Appellate Committee within 30 days. Start with a written request to the school, then the committee, then the education department.

    PointPosition
    Who regulates tuition feesState fee laws; the RTE Act only bans capitation fees (s.13)
    Uttar PradeshU.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018: hike for existing students capped at CPI plus 5% (s.4(1)); District Fee Regulatory Committee
    DelhiDelhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025: school-level committee with parents; fee fixed for three years; appeal within 30 days
    MaharashtraEducational Institutions (Regulation of Fee) Act, 2011: complaint to the committee needs a group of parents (at least 25%)
    Consumer forumUsually not the route: schools’ core teaching activity is generally not treated as a “service”
    Harassing the child over feesMental harassment barred by RTE Act s.17 (Classes 1 to 8); complain to SCPCR or NCPCR

    Why the state law decides your school fee hike complaint

    Parents often assume there is one national rule on school fees. There is not. Fee regulation is done by state Acts and rules, and they differ in caps, committees and procedure. Tamil Nadu, Rajasthan, Karnataka, Madhya Pradesh and Haryana, among others, also have their own laws or rules. Before you write a single letter, find out which Act applies to your child’s school and which committee hears complaints. The district education office can tell you.

    • Uttar Pradesh (2018 Act): for existing students, the fee can be raised once a year, linked to the average rise in teachers’ salaries and capped at the latest annual Consumer Price Index rise plus 5% of the fee. District Fee Regulatory Committees work out limits and hear matters, for example a new charge introduced mid-year.
    • Delhi (2025 Act, notified 14 August 2025): each school forms a School Level Fee Regulation Committee that includes parents chosen by draw of lots. The approved fee binds for three academic years. Parents can appeal to a District Fee Appellate Committee within 30 days. Excess fee must be refunded, and schools face fines from ₹1 lakh to ₹5 lakh for a first violation and ₹2 lakh to ₹10 lakh for later ones, with possible loss of recognition for repeat violations.

    How to check whether a fee hike is lawful

    1. Get both years’ fee structures in writing, head by head.
    2. Calculate the rise in the total and in each head. A new head that appears from nowhere is a red flag.
    3. Read the cap and procedure in your state’s law: committee approval, notice to parents, display on the website or notice board.
    4. Ask the school in writing for the basis of the hike and the committee approval, where the law requires one.
    5. Join other parents. Some laws need a minimum group of parents to complain, and a group complaint carries more weight anyway.

    Real-life example: parents at a Ghaziabad school receive a circular raising fees by 15% and adding a “digital learning fee”. Forty parents write to the school asking for the CPI calculation and the committee’s approval for the new charge. When no reply comes in three weeks, they file a complaint with the District Fee Regulatory Committee.

    Learn this properly, with a certificate. Module 2 of the course explains state fee laws, how to test a hike, board exam rights and coaching refunds, and Module 6 gives a model fee complaint letter. Legal Rights of Parents: Education, Safety, Custody and Family Law, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    How to file a school fee hike complaint, in order

    1. Written letter to the principal and managing committee. State the old fee, the new fee, the percentage rise, and ask for the approval and calculation within 15 days. Send by email and registered post.
    2. Complaint to the fee committee or authority under your state law, within any time limit it sets (30 days for an appeal under the Delhi Act). Attach the circulars, receipts and your letter.
    3. District Education Officer or Director of Education, if there is no committee or it does not act.
    4. High Court writ petition for a policy-level or repeated violation affecting many parents, with legal advice.

    When the school punishes the child over fees

    A fee dispute is between the school and the parent. Stopping a child from attending class, making the child sit apart, or announcing names of defaulters can amount to mental harassment under s.17 of the RTE Act for Classes 1 to 8. Complain to the principal in writing and to the State Commission for Protection of Child Rights or the NCPCR’s e-Baal Nidan portal. Courts have also restrained such tactics: in 2022, during a pandemic-era fee dispute, the Calcutta High Court by interim order barred 145 schools from denying promotion or withholding report cards for non-payment of fees.

    Frequently asked questions

    Where do I file a school fee hike complaint?

    File it with the fee committee or authority under your state’s fee regulation law, after first writing to the school. In Uttar Pradesh that is the District Fee Regulatory Committee; in Delhi, the District Fee Appellate Committee hears appeals within 30 days. If your state has no committee, go to the District Education Officer.

    How much can a private school increase fees every year?

    It depends on the state. In Uttar Pradesh the hike for existing students is capped at the latest annual CPI rise plus 5% of the fee. In Delhi the fee approved by the school-level committee binds for three years. Other states have their own caps or approval systems.

    Can I file a consumer case against a school for a fee hike?

    Usually not. Consumer commissions have generally held that schools, in their core teaching and examination activity, are not service providers under the Consumer Protection Act, 2019. Fee disputes with schools go to the fee committee, the education department or the High Court.

    Should I stop paying fees while my complaint is pending?

    It is usually safer to pay the undisputed part against receipts and say in writing that you pay the rest under protest. This protects your child’s schooling and shows good faith before the committee.

    Quick quiz

    Q1. Under the U.P. 2018 fee Act, a hike for existing students is capped at:

    1. 10% every year
    2. The latest annual CPI rise plus 5% of the fee
    3. Whatever the management decides
    4. No hike for three years
    Show answer

    Answer: B. Section 4(1) links the cap to the CPI rise plus 5% of the fee.

    Q2. Under Delhi’s 2025 fee Act, an appeal to the District Fee Appellate Committee lies within:

    1. 7 days
    2. 15 days
    3. 30 days
    4. 2 years
    Show answer

    Answer: C. Parents can appeal within 30 days.

    Q3. Which law bans capitation fees at admission?

    1. Consumer Protection Act, 2019
    2. RTE Act, 2009, s.13
    3. Code on Wages, 2019
    4. POCSO Act, 2012
    Show answer

    Answer: B. Section 13 of the RTE Act bars capitation fees; tuition fee control is left to state laws.

    For fee rights, admissions and child safety in one course: Legal Rights of Parents certificate course, ₹349.

    Sources

    • Right of Children to Free and Compulsory Education Act, 2009: ss.13, 17
    • Uttar Pradesh Self-Financed Independent Schools (Fee Regulation) Act, 2018: s.4(1)
    • Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025
    • Maharashtra Educational Institutions (Regulation of Fee) Act, 2011
    • Gujarat Self-Financed Schools (Regulation of Fees) Act, 2017
    • Rajib Chakraborty v. State of West Bengal, Calcutta High Court, interim order, April 2022

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • RTE 25 Percent Admission: How to Apply, Eligibility and Documents

    RTE 25 percent admission means that, under section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, every private unaided school must fill at least 25% of its entry class (Class 1, or the pre-school class if it has one) with children from weaker sections and disadvantaged groups in the neighbourhood. These children study free until Class 8, and the state reimburses the school. You apply online on your state’s RTE portal, usually early in the calendar year, and seats are allotted by lottery. Income limits, categories, documents and dates are fixed state-wise.

    PointPosition
    LawRTE Act, 2009, s.12(1)(c), backed by Article 21A of the Constitution
    Which schoolsPrivate unaided schools and “specified category” schools; minority schools are outside the Act (see FAQ)
    Which classEntry class only: Class 1 or the pre-school class
    Who qualifiesChildren of “weaker section” (income-based) and “disadvantaged group” (such as SC, ST and other notified groups), as notified by each state
    How seats are allottedOnline application on the state portal, verification, then lottery
    CostFree elementary education till Class 8; state reimburses the school (s.12(2))
    Donation or interviewBanned by s.13: fine up to ten times a capitation fee; ₹25,000, then ₹50,000, for screening

    Who is eligible for RTE 25 percent admission

    The Act itself does not fix one national income limit. It uses two terms, “child belonging to weaker section” and “child belonging to disadvantaged group”, and leaves each state to define them by notification.

    In practice, most states include:

    • families below a notified annual income limit (the weaker section);
    • children from SC and ST communities and other groups the state notifies, such as orphans, children with disabilities or children of certain categories of parents (the disadvantaged group);
    • a “neighbourhood” condition, so the child must live within a set distance or ward of the school.

    The Supreme Court upheld the 25% reservation in private unaided schools in Society for Unaided Private Schools of Rajasthan v. Union of India (2012). So a school cannot refuse to take part on the ground that it receives no government aid.

    RTE admission process: how to apply, step by step

    Every state runs its own online system, usually through the state basic or school education department. The broad steps are the same everywhere:

    1. Watch the notification. States usually announce the RTE schedule between December and February for the session starting in April. Uttar Pradesh, for example, took applications for 2026-27 on its portal (rte25.upsdc.gov.in) in three phases between 2 February and 25 March 2026, with age counted as on 1 April 2026.
    2. Check the age rule for the class you are applying to (pre-school or Class 1). It differs by state.
    3. Register online with the child’s and parent’s details, and choose schools within your neighbourhood. Choose several schools, not one.
    4. Upload documents and submit before the phase closes. Save the acknowledgement or application number.
    5. Verification by the district or block education office.
    6. Lottery and allotment. Results are published on the portal. Download the allotment letter.
    7. Report to the school with the allotment letter and original documents within the time given.

    Documents usually asked for RTE admission

    The list is state-wise, but these are common:

    • child’s birth certificate or other age proof;
    • residence proof (Aadhaar, ration card or residence certificate);
    • income certificate from the competent authority, for the weaker section;
    • caste certificate, for SC, ST or other notified groups;
    • certificates for special categories, such as a disability certificate or a parent’s death certificate;
    • a parent’s Aadhaar and photographs.

    Under s.14(2), no child shall be denied admission for lack of age proof. If the birth certificate is not ready, ask the education office which other document your state accepts.

    Learn this properly, with a certificate. Module 1 of the course explains RTE admission rights, the 25% seats, the ban on donations and screening, transfer certificates and where to complain, with model letters in Module 6. Legal Rights of Parents: Education, Safety, Custody and Family Law, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    If the school refuses the RTE seat or demands money

    An allotted school sometimes says the seat is “full”, asks for a “development fee”, or calls the parents for an “interaction”. Each of these has an answer in the Act.

    • Donation: s.13(1) bars any capitation fee. Under s.13(2), the fine can go up to ten times the amount charged.
    • Interview or test: a screening procedure of the child or parents is barred; fine up to ₹25,000 for the first contravention and ₹50,000 for each later one.

    What to do, in order:

    1. Give the school a short written letter with the allotment number and ask for admission by a date. Keep proof of delivery.
    2. Complain in writing to the District Basic Education Officer or District Education Officer (the title varies by state). Section 32 allows a grievance to be raised with the local authority.
    3. Escalate to the State Commission for Protection of Child Rights, or the NCPCR’s online portal e-Baal Nidan (ebaalnidan.nic.in), which has an education category.
    4. For repeated or serious denial, a writ petition in the High Court is possible. Free legal aid is available through the District Legal Services Authority (NALSA helpline 15100).

    Frequently asked questions

    What is RTE 25 percent admission and who can apply?

    It is the reservation of at least 25% of entry-class seats in private unaided schools under s.12(1)(c) of the RTE Act, 2009. Children from weaker sections and disadvantaged groups living in the school’s neighbourhood can apply. Each state defines the income limit and the categories.

    What is the income limit for RTE admission?

    There is no single national limit. Each state notifies its own income ceiling for the weaker section and its own list of disadvantaged groups, and the two may have different conditions. Check your state education department’s current notification.

    Is RTE admission completely free?

    The child is entitled to free elementary education until Class 8, and the state reimburses the school. Tuition must not be charged. Whether books, uniforms and similar items are also free depends on the state’s rules.

    Do minority schools have RTE seats?

    In Pramati Educational and Cultural Trust v. Union of India (2014), the Supreme Court held that the RTE Act does not apply to minority schools, aided or unaided. In September 2025 the Supreme Court referred that exemption to a larger bench for reconsideration, so check the latest position before relying on it.

    Quick quiz

    Q1. Which section of the RTE Act requires private unaided schools to admit at least 25% of the entry class from weaker and disadvantaged groups?

    1. Section 5
    2. Section 12(1)(c)
    3. Section 17
    4. Section 30
    Show answer

    Answer: B. Section 12(1)(c) creates the 25% seats; s.12(2) provides for reimbursement by the state.

    Q2. A school demands a ₹1 lakh “building fund” before giving admission. The maximum fine under s.13(2) is:

    1. ₹25,000
    2. ₹50,000
    3. Up to ten times the capitation fee charged
    4. No fine, only a warning
    Show answer

    Answer: C. Receiving a capitation fee attracts a fine up to ten times the amount (s.13(2)).

    Q3. A child’s birth certificate is not yet issued. Under s.14(2), the school:

    1. Must refuse admission
    2. Can charge a late fee
    3. Cannot deny admission for lack of age proof
    4. Must conduct an age test
    Show answer

    Answer: C. Section 14(2) says no child shall be denied admission for lack of age proof.

    For admission, fees, safety and custody in one place: Legal Rights of Parents certificate course, ₹349. It is a certificate of completion, not a professional qualification.

    Sources

    • Constitution of India: Article 21A
    • Right of Children to Free and Compulsory Education Act, 2009: ss.12(1)(c), 12(2), 13, 14(2), 32
    • Society for Unaided Private Schools of Rajasthan v. Union of India, Supreme Court, 2012
    • Pramati Educational and Cultural Trust v. Union of India, Supreme Court, 2014; reference to a larger bench, Supreme Court, September 2025
    • Uttar Pradesh Basic Education Department, RTE admission schedule for 2026-27
    • Legal Services Authorities Act, 1987: s.12

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • Mutual Fund Mis-Selling Complaint: AMC, SCORES, AMFI and ODR

    To make a mutual fund mis-selling complaint, write first to the asset management company (AMC) whose scheme was sold, naming the distributor and its ARN and attaching proof of what you were told. If the AMC does not resolve it, file on SEBI SCORES within one year, complain to AMFI about the distributor’s conduct, and use SEBI’s SMART ODR portal for a money claim. If a bank sold the scheme, you can also complain about the bank under the RBI Integrated Ombudsman Scheme, 2026.

    PointPosition
    RegulatorSEBI (SEBI (Mutual Funds) Regulations, 1996)
    DistributorAMFI Registration Number (ARN); paid commission by the AMC through regular plans
    Investment adviserSEBI registration starting “INA”; fee from client only, no commission
    Direct plansEvery scheme must offer one since 1 January 2013, with no distributor commission
    Entry loadAbolished in 2009
    Complaint ladderAMC, then SCORES (within 1 year), AMFI, SMART ODR
    Bank as sellerAlso RBI Integrated Ombudsman Scheme, 2026, after complaining to the bank

    Distributor, adviser or research analyst: who sold it to you?

    The law separates three roles, and your complaint depends on which one you dealt with.

    • Mutual fund distributor: holds an ARN from AMFI after NISM certification, earns commission from the AMC built into regular plans, and may give incidental guidance under AMFI’s code of conduct. A distributor is not your adviser.
    • Registered investment adviser (RIA): registered with SEBI under the Investment Advisers Regulations, 2013, number starting “INA”. Charges a fee only to you, under a written agreement, and cannot take commission from product makers.
    • Research analyst: registered under the Research Analysts Regulations, 2014, number starting “INH”.

    Titles such as “wealth manager” or “financial planner” on a visiting card mean nothing legally. Check the ARN on AMFI’s website and an INA or INH number on SEBI’s website.

    What counts as mis-selling

    • Calling a market-linked scheme “guaranteed”, “safe like an FD” or “no risk”.
    • Selling a high-risk scheme to a retired person who asked for safety, without explaining the risk.
    • Frequent switching between schemes to earn fresh commission (“churning”).
    • Hiding that a direct plan exists, or hiding the exit load.
    • Selling an insurance policy, such as a ULIP, as if it were a mutual fund or deposit.
    • Asking for your login, OTP or signed blank forms “to manage everything”.
    • An unregistered person charging a fee for “advice”.

    A loss alone is not mis-selling. Every scheme carries a six-level riskometer (Low to Very High), evaluated monthly, and the Key Information Memorandum discloses risks and exit loads. Your complaint is strongest where you can show the seller said something different from what the documents say, ideally in writing.

    Learn this properly, with a certificate. Module 3 covers mutual fund protections, the distributor and adviser rules, mis-selling and IPO rights, and Module 4 shows how to use SCORES and SMART ODR, with complaint formats in Module 6. Legal Rights of Investors, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    How to file a mutual fund mis-selling complaint, step by step

    1. Collect evidence: application form, KIM, account statements, and especially WhatsApp messages, emails or brochures showing what you were told. Note dates, branch and the seller’s name and ARN.
    2. Write to the AMC’s investor service or grievance officer. State the facts in date order, name the distributor and ARN, and ask for a specific remedy: for example, reversal of switches, refund of the exit load charged, or compensation for loss caused by the misrepresentation. AMCs are responsible for monitoring distributors who sell their schemes.
    3. Complain to AMFI about the distributor’s conduct. AMFI can act against an ARN under its code of conduct.
    4. File on SEBI SCORES against the AMC if its reply is unsatisfactory or late, within one year of the event. The AMC must file an Action Taken Report within 21 calendar days. See SEBI SCORES complaint.
    5. Use SMART ODR (smartodr.in) for a disputed money claim against the AMC or another SEBI-regulated intermediary: conciliation, then arbitration.
    6. If a bank sold it, complain to the bank and, if it rejects or does not reply in 30 days, go to the RBI Ombudsman at cms.rbi.org.in. See RBI Ombudsman complaint.

    If what you were sold was actually an insurance policy, the route is the insurer, IRDAI’s Bima Bharosa portal and the Insurance Ombudsman. A life or health policy can be returned within the 30-day free-look period.

    Real-life examples

    Pooja, Lucknow: a bank relationship manager sold her a scheme as “safe like an FD with better returns”. Six months later it was down and an exit load applied. The KIM showed “Very High” risk and the exit load, so her complaint rests on the manager’s written WhatsApp message calling it “FD-like” and “no risk”. She complains to the AMC, then SCORES, and separately to the bank under the RBI scheme.

    Mr and Mrs Joshi, Pune: a “financial planner” with an ARN, not an INA registration, moved ₹15 lakh from deposits into equity schemes and switched them twice in a year, earning commission each time. They write to the AMCs with his messages, report churning to AMFI and escalate to SCORES when one AMC’s reply is vague.

    Against an unregistered tipster or fake app, SCORES and ODR will not help; see fake trading app fraud what to do.

    Frequently asked questions

    Where do I file a mutual fund mis-selling complaint?

    Start with the AMC whose scheme was sold, naming the distributor and ARN. If unresolved, file on SEBI SCORES within one year, complain to AMFI about the distributor, and use SMART ODR for a money claim. If a bank sold the scheme, the RBI Ombudsman is also available.

    Can a mutual fund distributor give investment advice?

    A distributor may give incidental guidance while distributing schemes, but is not a SEBI-registered investment adviser. Personalised advice for a fee is the role of an RIA, registered with SEBI with a number starting “INA”, who cannot take commission.

    Is a loss in a mutual fund enough to prove mis-selling?

    No. Market losses are disclosed risks. Mis-selling needs evidence of misrepresentation or unsuitable selling, such as a written “guaranteed return” claim, hidden exit loads or churning.

    What is the difference between a direct plan and a regular plan?

    Both invest in the same portfolio. A regular plan pays distributor commission out of scheme expenses, so its expense ratio is higher; a direct plan has no distributor commission. Every scheme has had to offer a direct plan since 1 January 2013.

    Quick quiz

    Q1. A SEBI-registered investment adviser’s number begins with:

    1. ARN
    2. INZ
    3. INA
    4. INH
    Show answer

    Answer: C. Advisers registered under the SEBI (Investment Advisers) Regulations, 2013 carry “INA” numbers.

    Q2. Where should a mutual fund mis-selling complaint go first?

    1. The AMC
    2. The Supreme Court
    3. The stock exchange
    4. The Income Tax Department
    Show answer

    Answer: A. SEBI’s complaint ladder requires approaching the entity (the AMC) before SCORES.

    Q3. Since when must every mutual fund scheme offer a direct plan?

    1. 1 April 2009
    2. 1 January 2013
    3. 1 April 2024
    4. 1 September 2026
    Show answer

    Answer: B. SEBI required direct plans from 1 January 2013 under the Mutual Funds Regulations framework.

    Mutual fund mis-selling complaint formats for AMCs and distributors are in Legal Rights of Investors (₹349), which teaches rights and remedies, not what to invest in. It gives a Lexfolio certificate of completion, not a professional qualification.

    Sources

    • SEBI (Mutual Funds) Regulations, 1996
    • SEBI (Investment Advisers) Regulations, 2013; SEBI (Research Analysts) Regulations, 2014
    • SEBI circulars on SCORES 2.0 (20 September 2023) and Online Dispute Resolution (31 July 2023)
    • Reserve Bank Integrated Ombudsman Scheme, 2026

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • Is It Legal to Use ChatGPT at Work in India? Rules and Risks

    Is it legal to use ChatGPT at work in India? Yes: no Indian law bans employees from using ChatGPT, Gemini, Copilot or similar AI tools for office work. What decides whether you may use it is your employer’s AI policy, your employment contract and confidentiality duties, and laws such as the Digital Personal Data Protection Act, 2023 that bind your employer. Breaking a workplace AI rule, especially by pasting confidential or personal data, can lead to disciplinary action, even though using the tool itself is not a crime.

    PointPosition
    Is there a law banning ChatGPT at work?No. India has no standalone AI law as on 29 October 2026
    What actually governs your useEmployer AI policy, employment contract, service rules, NDAs with clients
    Data law in the backgroundDPDP Act, 2023 and DPDP Rules, 2025; most duties apply from 13 May 2027
    Penalty on organisations (DPDP)Up to ₹250 crore for failing to take reasonable security safeguards
    Government exampleMinistry of Finance (Department of Expenditure) advisory, 29 January 2025: no AI tools such as ChatGPT and DeepSeek on office devices
    Can you be fired?Possibly, for breaching a policy or confidentiality duty, under your contract or service rules
    Safest stepAsk your manager in writing which tool and which tasks are allowed

    Is it legal to use ChatGPT at work in India? The short legal answer

    Using an AI tool to draft an email or suggest an Excel formula is lawful. The government’s November 2025 India AI Governance Guidelines, issued by MeitY, take the view that India does not need a standalone AI law at this stage and that existing laws can handle most risks. Those guidelines are a policy framework and do not create duties for employees.

    So the real question is “what did you put into it, and what did you do with the output?” Three sets of rules answer that: your employer’s AI, IT or service rules; your contract (almost every appointment letter has a confidentiality clause, and client NDAs bind you through the company); and general law, such as the DPDP Act, the Information Technology Act, 2000, the Copyright Act, 1957 and the defamation provision in the Bharatiya Nyaya Sanhita, 2023 if AI output is published carelessly.

    ChatGPT at office rules: what a company AI policy usually says

    Most workplace AI policies cover the same ground:

    1. Approved tools: only listed tools or the company’s enterprise account. Using a personal free account for office material is a common breach.
    2. Prohibited data: no personal data of customers, staff or students, no client documents, unpublished financials, passwords or source code.
    3. Human review and disclosure: you are responsible for every output, and must disclose AI use where a client or manager requires it.
    4. Incident reporting: report accidental data sharing the same day.

    Government offices are stricter. On 29 January 2025, the Department of Expenditure in the Union Ministry of Finance told its staff not to use AI tools such as ChatGPT and DeepSeek on office devices, citing confidentiality of government data.

    Learn this properly, with a certificate. Module 3 of the AI at Work course covers confidentiality and employer AI policies, and Module 4 explains the DPDP Act, copyright and the IT Rules on synthetic content as they apply to everyday AI use. AI at Work: Using ChatGPT and AI Tools Safely, Smartly and Legally, ₹299: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    Can I get fired for using ChatGPT at work?

    Not simply for using an allowed tool. The risk comes from how you use it: pasting a client list or salary sheet into a personal account, sending AI output with invented figures to a client, ignoring an express ban, or letting AI decide on hiring or appraisal without human review.

    The consequence depends on your contract, the company’s rules and the seriousness of the breach: from a warning to disciplinary proceedings and, for serious leaks of confidential data, termination. Establishments with 300 or more workers have standing orders under the Industrial Relations Code, 2020, listing misconduct and procedure. Freelancers risk the client ending the contract or claiming damages. Prompt self-reporting is usually treated far more leniently than concealment.

    Confidentiality and data protection: why employers worry

    What you type goes to the provider’s servers and may be stored or, depending on your account and settings, used for training. Treat the prompt box like an email to an outside company.

    Under the DPDP Act your employer is the Data Fiduciary. From 13 May 2027 it must take reasonable security safeguards and report personal data breaches; failure on safeguards can cost up to ₹250 crore. The fine falls on the organisation, which is exactly why employers discipline staff who paste personal data into unapproved tools.

    Example: Neha, an HR executive in Pune, describes a rejection email without names in the approved tool and adds the name herself. Lawful. Her colleague uploads 40 candidate CVs with salaries to a free personal account. That is a policy breach and a data incident. No policy at your office? Ask in writing which tool and tasks are allowed; a written yes protects you.

    Frequently asked questions

    Is it legal to use ChatGPT at work in India?

    Yes. There is no Indian law that bans employees from using ChatGPT or similar AI tools. Your employer’s policy, your contract and data protection law decide how you may use it, and breaking those rules can lead to disciplinary action.

    Can my company stop me from using ChatGPT?

    Yes. An employer can restrict or ban AI tools for work through its policies or service rules, just as it can restrict USB drives. If the policy says no, using the tool for office work is a breach.

    Can I get fired for using ChatGPT?

    It depends on what you did and on your contract and company rules. Using an approved tool properly is not misconduct, but leaking confidential or personal data, or ignoring an express ban, can lead to warnings, disciplinary proceedings or, in serious cases, termination.

    Do I have to tell my boss I used AI?

    Only if your policy, your manager or a client requires it, or if the reader would reasonably assume a human wrote it and it matters to them. A one-line note of what you used AI for and what you checked is a good habit.

    Quick quiz

    Q1. Which statement about using ChatGPT at work in India is correct as on 29 October 2026?

    1. A central AI law bans it in all offices
    2. No law bans it; employer policy and contract govern its use
    3. It needs a licence from MeitY
    4. Only government employees may use it
    Show answer

    Answer: B. India has no standalone AI law; MeitY’s India AI Governance Guidelines (November 2025) are non-binding.

    Q2. Under the DPDP Act, 2023, who can be fined up to ₹250 crore for failing to take reasonable security safeguards?

    1. The individual employee
    2. The AI tool’s user in a personal capacity
    3. The Data Fiduciary (the organisation)
    4. The Data Principal
    Show answer

    Answer: C. Penalties under the Schedule to the DPDP Act are imposed by the Data Protection Board on the organisation.

    Q3. What did the Department of Expenditure’s advisory of 29 January 2025 say?

    1. Staff should use ChatGPT for all drafting
    2. Staff should not use AI tools such as ChatGPT and DeepSeek on office devices
    3. AI tools are banned across India
    4. AI output must be registered
    Show answer

    Answer: B. The Ministry of Finance advisory cited risks to the confidentiality of government data and documents.

    Sources

    • Digital Personal Data Protection Act, 2023 (Data Fiduciary duties; Schedule of penalties) and Digital Personal Data Protection Rules, 2025
    • Information Technology Act, 2000
    • Industrial Relations Code, 2020 (standing orders)
    • Department of Expenditure, Ministry of Finance, advisory dated 29 January 2025 on use of AI tools on office devices
    • MeitY, India AI Governance Guidelines, 5 November 2025

    To build safe AI habits with a certificate, see the AI at Work certificate course.

    This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.

  • How to Reply to an Income Tax Notice: Steps, Timelines, Mistakes

    How to reply to an income tax notice: first verify it through its Document Identification Number (DIN) on the e-filing portal, then read what it asks and by when, collect your return, Form 168 (old Form 26AS), AIS and supporting papers, and reply online under “e-Proceedings” within the time given, which is usually 30 days for a proposed adjustment and 15 days for a defective return notice. Most notices today are automated data mismatches that close with a short, documented reply. The real danger is not replying at all.

    PointPosition
    Is it genuine?Check the DIN with “Authenticate notice/order issued by ITD” on incometax.gov.in
    Where to replye-filing portal: Pending Actions, then e-Proceedings (or the compliance portal for e-campaigns)
    Proposed adjustment on processingReply within the time given, usually 30 days
    Defective returnCure within 15 days unless extended (s.263(7) of the 2025 Act; s.139(9) of the 1961 Act)
    ReassessmentShow-cause (s.281, old s.148A), then notice (s.280, old s.148): take professional help
    DocumentsReturn, computation, Form 130/131 (old 16/16A), Form 168, AIS, bank statements, deeds, invoices
    If the order is wrongRectification, or appeal to the Commissioner (Appeals), then the Appellate Tribunal

    How to reply to an income tax notice, step 1: check it is genuine

    Fake tax “refund” and “penalty” messages are a common fraud. Before you do anything:

    • Every genuine communication from the department carries a DIN. Enter it in the “Authenticate notice/order issued by ITD” service on the e-filing portal.
    • Log in to the portal yourself (do not click the link in the message) and check Pending Actions and e-Proceedings. Genuine notices appear there.
    • Never pay through a link in an SMS, email or WhatsApp message. Tax is paid only through the portal’s payment system or authorised banks.
    • Report a fake notice on helpline 1930 or cybercrime.gov.in (see cyber fraud: the first hour).

    Step 2: identify the type of notice

    Notices about 2025-26 and earlier years can still quote 1961 Act sections such as 143(1)(a), 139(9) or 148, even though the 2025 Act applies from 1 April 2026. Read the year and section on the notice.

    PointPosition
    Proposed adjustment while processingA mismatch with Form 168 or the AIS, an arithmetic error or a claim not allowed. Agree, or disagree with reasons and documents, within the time given
    Intimation after processingShows no demand, a refund or a demand. Compare with your computation; seek rectification online if there is a mistake
    Defective returnEssential details missing or inconsistent. Correct within 15 days or the return can be treated as invalid
    Scrutiny noticeReturn picked for detailed, mostly faceless assessment. Reply with documents, ideally with a CA
    Reassessment show-cause and noticeInformation suggests income escaped assessment for an earlier year. Reply with evidence; get professional help at once
    Compliance or e-campaign messageHigh-value transactions in the AIS or a missing return. Respond on the compliance portal; file or update the return if needed
    Demand noticeTax, interest or penalty payable under an order. Pay, or appeal and seek a stay; never ignore

    Learn this properly, with a certificate. Module 4 of the course covers income-tax notices, verification and responses, and Module 6 gives model replies to simple notices and letters to deductors, along with GST notices and appeals. New Income-tax Act 2025 and GST Basics, ₹399: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    How to reply to an income tax notice: the method

    1. Read the whole notice. Note the year, section, what is asked and the deadline.
    2. Collect documents listed in the table above, as relevant.
    3. Find the cause. The usual culprits: FD or savings interest not reported, a share or mutual fund sale reported only by sale value, TDS claimed in the wrong year, or a deduction such as old 80C claimed while filing under the new regime.
    4. Decide. If the department is right, accept and pay. If it is wrong, disagree briefly and attach proof.
    5. Reply online and on time. Submit through e-Proceedings, save the acknowledgement, and if you genuinely need more time, ask for an adjournment in writing on the portal before the deadline.

    Example: Vikram, a pharmacist in Nagpur, gets a proposed adjustment adding ₹1,85,000 from the AIS as “sale of securities”. He checks: that is the sale value of mutual fund units bought for ₹1,70,000. His actual gain of ₹15,000 is already in his return. He disagrees online and attaches the fund house’s capital gains statement. The adjustment is dropped.

    Mistakes when deciding how to reply to an income tax notice

    • Ignoring it. The department can then proceed on the information it has.
    • Replying without evidence. “This is wrong” achieves nothing. Attach the statement, deed or certificate that proves your point.
    • Sending AIS feedback only. Give feedback on a wrong AIS entry and also attach it to your reply.
    • Handling serious notices alone. Scrutiny, reassessment, cash deposits, unexplained investments, property deals, penalty or prosecution: take a chartered accountant’s help, and a tax lawyer for prosecution or litigation.

    If the final order goes against you

    For a mistake apparent from the record, such as a TDS credit not given, apply for rectification online. For a dispute on facts or law, appeal to the Commissioner (Appeals) or Joint Commissioner (Appeals), and then to the Income Tax Appellate Tribunal. Appeal time limits are short, so act as soon as the order arrives, and ask about a stay if the demand is large.

    Frequently asked questions

    How to reply to an income tax notice online?

    Log in to the e-filing portal, go to Pending Actions and then e-Proceedings, open the notice and choose to submit a response. Select whether you agree or disagree, explain briefly, attach documents in the permitted format and submit before the deadline. Download the acknowledgement for your records.

    How do I know if an income tax notice is genuine?

    Every genuine notice carries a Document Identification Number (DIN), which you can check with the “Authenticate notice/order issued by ITD” service on incometax.gov.in. A genuine notice also appears in your own login under e-Proceedings. Never pay through a link received by SMS or email.

    What happens if I don’t reply to an income tax notice?

    The department can complete the proceeding on the information it already has, which usually means the proposed addition or demand becomes final. Penalties may also follow for non-compliance. Replying late but before the order is passed is still better than not replying.

    How many days do I get to reply to an income tax notice?

    It depends on the notice. A proposed adjustment during processing usually allows 30 days, and a defective return notice 15 days, extendable on request. Other notices state their own deadline, so read the date on the notice itself.

    Quick quiz

    Q1. What should you check first to confirm a notice is genuine?

    1. The sender’s mobile number
    2. The Document Identification Number (DIN)
    3. The officer’s signature
    4. The payment link
    Show answer

    Answer: B. Every genuine notice has a DIN, verifiable on the e-filing portal.

    Q2. Under the Income-tax Act, 2025, which section deals with the show-cause stage before reassessment?

    1. Section 280
    2. Section 281
    3. Section 263
    4. Section 148
    Show answer

    Answer: B. Section 281 replaces old s.148A; s.280 is the reassessment notice.

    Q3. Within how many days must a defective return usually be cured?

    1. 7 days
    2. 15 days
    3. 30 days
    4. 90 days
    Show answer

    Answer: B. 15 days, extendable on request (s.263(7) of the 2025 Act).

    Know how to reply to an income tax notice, and how to avoid one: New Income-tax Act 2025 and GST Basics certificate course (a certificate of completion, not a professional qualification).

    Sources

    • Income-tax Act, 2025: s.263(7) (defective return), s.280 (reassessment notice), s.281 (show-cause before reassessment)
    • Income-tax Act, 1961: ss.139(9), 143(1)(a), 148 and 148A (for earlier years, through the saving provisions)
    • Income-tax Rules, 2026 (Form 130, Form 131, Form 168)
    • Income Tax Department e-filing portal: notice authentication (DIN) and e-Proceedings services

    This page is for education and general information, not tax or legal advice for a specific case. For your own notice, consult a chartered accountant. Law as on 31 October 2026.

  • Income-tax Act 2025 Key Changes: Tax Year, New Sections, Forms

    The Income-tax Act 2025 key changes are about structure, not tax rates: the new Act replaced the Income-tax Act, 1961 from 1 April 2026, swapped “previous year” and “assessment year” for a single “tax year”, renumbered almost every section and renamed the main forms (Form 16 is now Form 130, Form 26AS is now Form 168). Slabs, the ₹12 lakh rebate and the basic scheme of taxation were carried over. Income earned from 1 April 2026 is tax year 2026-27, and its return will be filed in 2027 under the new Act.

    PointPosition
    LawIncome-tax Act, 2025 (Act 30 of 2025), assent 21 August 2025
    In force1 April 2026; the Income-tax Act, 1961 is repealed, with saving provisions for old years
    Size536 sections, 23 chapters, 16 schedules
    Year conceptOne “tax year” (1 April to 31 March) in place of previous year and assessment year
    Tax ratesLargely carried over; Budget 2026 did not change the new regime slabs
    Rules and formsIncome-tax Rules, 2026 with new form numbers (Form 130, 131, 168, 121)
    Income of 2025-26Returns filed in 2026 under the old Act and old forms

    Income-tax Act 2025 key changes at a glance

    The government’s stated aim was simplification: the 1961 Act had been amended so often that one rule could run across a section, several provisos and explanations. What did not change matters as much. The five heads of income, the default new regime, the ₹12 lakh rebate limit and capital gains rates all continue. If your income is the same, your tax for 2026-27 is broadly what it would have been under the old Act.

    • One tax year. Income earned from 1 April 2026 to 31 March 2027 is income of “tax year 2026-27”. The old pair, “financial year 2026-27, assessment year 2027-28”, is gone. See our guide on what is tax year in the new Income-tax Act.
    • Tables in place of scattered sections. TDS on rent, professional fees, contracts, property and interest, which sat in dozens of sections from 194A to 194T, is now in one table in section 393.
    • Presumptive taxation in one place. Old sections 44AD, 44ADA and 44AE are now section 58.

    The new section numbers you will meet most

    These are the new numbers ordinary taxpayers see most often:

    PointPosition
    New tax regime (default)Old s.115BAC, now s.202
    Rebate for resident individualsOld s.87A, now s.156
    Standard deduction from salaryOld s.16, now s.19
    Deduction for PF, PPF, life insurance and similarOld s.80C, now s.123
    Return of income (belated, revised, updated)Old s.139, now s.263
    TDS on salary / other payments / TCSOld s.192 / ss.193 to 194T / s.206C, now s.392 / s.393 / s.394
    Reassessment notice and show-causeOld s.148 and 148A, now s.280 and 281

    Residential status stays in section 6; heads of income move from section 14 to 13; tax audit from 44AB to 63.

    Learn this properly, with a certificate. Module 1 of the course walks through the tax year, the new structure and the key renumbering, and later modules cover the regimes, TDS under sections 392 to 394, returns under section 263 and GST basics, with worked Indian examples. New Income-tax Act 2025 and GST Basics, ₹399: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    Income-tax Act 2025 key changes in forms: Form 16 is now Form 130

    The Income-tax Rules, 2026 renumbered the forms. If someone asks you for “Form 16” for tax year 2026-27, they mean Form 130.

    • Form 130: salary TDS certificate from your employer (was Form 16).
    • Form 131: TDS certificate for other payments such as interest, rent or fees (was Form 16A).
    • Form 168: your annual tax statement on the e-filing portal (was Form 26AS).
    • Form 121: one no-TDS declaration replacing Forms 15G and 15H.

    What changed from 1 April 2026: the transition year explained

    Two laws run side by side for a while, and this is where most confusion arises.

    1. Income earned up to 31 March 2026 (financial year 2025-26, assessment year 2026-27): returns filed in 2026 used the old Act, old section numbers and old forms.
    2. Income earned from 1 April 2026 (tax year 2026-27): governed by the new Act. Returns will be filed in 2027.
    3. Old assessments, notices and appeals continue under the old law’s substantive provisions through the saving clauses. A notice for an old year may still quote 1961 Act sections.

    The Finance Act, 2026 also amended the new Act: non-audit businesses and professionals now file by 31 August, and a revised return can be filed up to 12 months from the end of the tax year, with a fee in the last three months.

    Common mistakes about the Income-tax Act 2025 key changes

    • Writing “80C” or “87A” in a declaration for 2026-27. Use the new numbers (s.123, s.156), or simply describe the item.
    • Thinking the new Act raised or cut your tax. For most people it did neither; check the slabs in our new vs old tax regime 2026-27 guide.
    • Ignoring a notice that quotes an unfamiliar section. See how to reply to an income tax notice.
    • Quoting old TDS sections. See our TDS rules 2026 guide.

    For your own return or a notice, consult a chartered accountant.

    Frequently asked questions

    What are the Income-tax Act 2025 key changes for a salaried person?

    For a salaried person, the key changes are labels, not tax. Income from April 2026 is called tax year 2026-27, the employer’s certificate is Form 130 instead of Form 16, and Form 26AS is now Form 168. The slabs, the ₹75,000 standard deduction and the ₹12 lakh rebate limit continue.

    When did the new Income-tax Act come into force?

    The Income-tax Act, 2025 came into force on 1 April 2026. It received the President’s assent on 21 August 2025 and repealed the Income-tax Act, 1961, subject to saving provisions for earlier years.

    Did the new Income-tax Act change tax slabs?

    No. The new Act carried over the existing rates, and the Union Budget of 1 February 2026 made no change to the new regime slabs. Income up to ₹12 lakh remains tax-free for resident individuals under the new regime because of the rebate in section 156.

    What is section 80C called in the new Income-tax Act?

    The deduction for items such as provident fund, PPF, life insurance premium and tuition fees is now in section 123 of the Income-tax Act, 2025, with the eligible items listed in a schedule. It is available only under the old regime, up to ₹1.5 lakh.

    Quick quiz

    Q1. From which date did the Income-tax Act, 2025 come into force?

    1. 1 April 2025
    2. 21 August 2025
    3. 1 April 2026
    4. 1 February 2026
    Show answer

    Answer: C. The Act received assent on 21 August 2025 and came into force on 1 April 2026.

    Q2. Which section of the new Act contains the default new tax regime?

    1. Section 115BAC
    2. Section 202
    3. Section 156
    4. Section 263
    Show answer

    Answer: B. Section 202 replaces old section 115BAC; section 156 is the rebate.

    Q3. What is Form 26AS called under the Income-tax Rules, 2026?

    1. Form 130
    2. Form 131
    3. Form 121
    4. Form 168
    Show answer

    Answer: D. The annual tax statement is now Form 168; Form 130 replaces Form 16.

    Want the Income-tax Act 2025 key changes in full, from slabs to GST returns? Take the New Income-tax Act 2025 and GST Basics certificate course. It is a certificate of completion, not a professional qualification.

    Sources

    • Income-tax Act, 2025 (Act 30 of 2025): ss.3, 6, 13, 19, 58, 63, 123, 156, 202, 263, 280, 281, 392, 393, 394
    • Income-tax Act, 1961 (repealed from 1 April 2026, subject to saving provisions)
    • Income-tax Rules, 2026 (form numbers)
    • Finance Act, 2026 (due dates and revised return window)
    • Income Tax Department, published text of the Income-tax Act, 2025 on incometaxindia.gov.in

    This page is for education and general information, not tax or legal advice for a specific case. Consult a chartered accountant for your own return. Law as on 31 October 2026.

  • New GST Rates After September 2025: 5%, 18% and 40% Explained

    The new GST rates after September 2025 rest on two main slabs, 5% (merit rate) and 18% (standard rate), with a 40% rate for a short list of luxury and sin goods and nil for essentials. The GST Council approved this at its 56th meeting on 3 September 2025, and it took effect on 22 September 2025, replacing the old 5%, 12%, 18% and 28% structure for almost all items. Tobacco products moved to 40% from 1 February 2026, when compensation cess on them ended.

    PointPosition
    Decision56th GST Council meeting, 3 September 2025
    Effective22 September 2025
    Main rates5% and 18%
    De-merit rate40% for a few luxury and sin goods
    NilEssentials such as roti and chapati; individual life and health insurance
    Special rates still in placeFor example 3% on gold, silver and jewellery
    Tobacco40% GST from 1 February 2026, with compensation cess ended and new excise duties
    Check your itemRate depends on HSN (goods) or SAC (services) classification in the CBIC rate notifications

    New GST rates after September 2025: the structure

    GST is charged on each supply of goods and services, and registered businesses take credit for the GST they pay on purchases. Until 21 September 2025, most items fell into one of four slabs: 5%, 12%, 18% or 28%. The Council’s rate rationalisation collapsed these into two main slabs:

    • 5% for daily-use goods, many foods and medicines, and some services.
    • 18% as the standard rate for most goods and services, including most professional and business services.
    • 40% for a narrow list of luxury and sin goods.
    • Nil for essentials and certain exempt services.

    Most items that were at 12% moved down to 5%, and most at 28% moved down to 18%. A few moved up to 40%.

    New GST rates after September 2025: examples

    PointPosition
    Roti, chapati and similar Indian breads5% to nil
    Individual life and health insurance policies18% to nil (exempt)
    Toilet soap, shampoo, hair oil, toothpaste18% to 5%
    Many medicines12% to 5% (some to nil)
    Hotel rooms up to ₹7,500 per day12% to 5%
    Beauty and physical well-being services (salons, gyms and similar)18% to 5%, without input tax credit
    Small cars, three-wheelers, motorcycles up to 350cc28% to 18%
    Televisions, monitors, air conditioners, cement28% to 18%
    Motorcycles above 350cc, large and luxury cars28% to 40%

    These are broad categories. The exact rate for a product depends on its classification and sometimes on conditions such as packaging or price. A shampoo and a medicated hair product, or a hotel room at ₹7,000 and one at ₹8,000, can fall under different entries.

    Learn this properly, with a certificate. Module 5 of the course explains how GST works, registration thresholds, the rate structure after 22 September 2025, composition, invoices, input tax credit and GSTR-1 and GSTR-3B, and Module 6 covers notices and a compliance calendar. New Income-tax Act 2025 and GST Basics, ₹399: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    Tobacco, pan masala and the end of compensation cess

    Tobacco products did not move to the new structure on 22 September 2025. The old rates and GST compensation cess continued on them for some months. From 1 February 2026, the compensation cess ended, tobacco products and pan masala moved to the 40% GST rate, the Centre levied new central excise duties on tobacco, and a separate health cess was imposed on pan masala. If you sell these goods, the change affects both your invoices and your pricing; take a GST practitioner’s help.

    New GST rates after September 2025: what shopkeepers must do

    1. Update every item code in your billing software. Check the HSN or SAC and rate for each product against the current CBIC notification. An old price list is the most common source of wrong invoices.
    2. Get the invoice right. Charge CGST and SGST in equal halves within your state, and IGST for supplies to another state.
    3. Watch input tax credit. Some 5% services, such as beauty and physical well-being services, come without input tax credit. Check whether credit is allowed before you assume it.
    4. Composition dealers. If you are under the composition scheme, you pay a flat rate on turnover and do not charge GST to customers, so the change reaches you mainly through purchase prices. See our guide on GST registration for small business for thresholds and composition.
    5. File on time. Since the July 2025 tax period, the liability shown in GSTR-3B is auto-filled from GSTR-1 and cannot be edited there. Correct sales errors through GSTR-1A before filing GSTR-3B.

    Example: Lakshmi runs a cosmetics and general store in Coimbatore. After 22 September 2025, her soap, shampoo and toothpaste lines dropped from 18% to 5%. She updated her billing codes the same week, and her B2B customers’ credit matched her invoices. Had she kept charging 18%, she would have had to correct invoices later and explain the excess to customers.

    For consumers. If a shop charges an old, higher GST rate on an item that moved to 5%, ask for a corrected bill. A grievance can be raised on the National Consumer Helpline (1915).

    Frequently asked questions

    What are the new GST rates after September 2025?

    From 22 September 2025, GST has two main rates: 5% for daily-use and essential items and 18% as the standard rate. A 40% rate applies to a short list of luxury and sin goods, and essentials such as roti and individual life and health insurance are nil. A few special rates, such as 3% on gold, continue.

    Is 12% and 28% GST removed?

    For almost all items, yes. Items at 12% mostly moved to 5% and items at 28% mostly moved to 18%, with a few moving to 40%. Tobacco products kept their old treatment until 1 February 2026, when they moved to 40%.

    Is health insurance GST free now?

    Individual life insurance and individual health insurance policies became exempt from GST from 22 September 2025; earlier they were at 18%. Group policies and other insurance products may be treated differently, so check your policy document.

    What is the GST on small cars after the change?

    Small cars, three-wheelers and motorcycles up to 350cc moved from 28% to 18% on 22 September 2025. Motorcycles above 350cc and large or luxury cars moved to 40%.

    Where can I check the GST rate for my product?

    Check the rate notifications published by CBIC and the GST rate finder on the official portals, using your product’s HSN code or your service’s SAC. A GST practitioner can confirm classification where the description is not clear.

    Quick quiz

    Q1. From which date did the two-slab GST structure take effect?

    1. 3 September 2025
    2. 22 September 2025
    3. 1 November 2025
    4. 1 February 2026
    Show answer

    Answer: B. The Council decided on 3 September 2025; the new rates applied from 22 September 2025.

    Q2. What is the GST rate on shampoo and toothpaste after the change?

    1. Nil
    2. 5%
    3. 12%
    4. 18%
    Show answer

    Answer: B. They moved from 18% to the 5% merit rate.

    Q3. A motorcycle with a 500cc engine attracts GST at:

    1. 18%
    2. 28%
    3. 40%
    4. 5%
    Show answer

    Answer: C. Motorcycles above 350cc moved to the 40% de-merit rate; up to 350cc is 18%.

    Learn the new GST rates after September 2025 alongside the new Income-tax Act: New Income-tax Act 2025 and GST Basics certificate course (a certificate of completion, not a qualification to act as a GST practitioner).

    Sources

    • Central Goods and Services Tax Act, 2017 and Integrated Goods and Services Tax Act, 2017
    • Recommendations of the 56th GST Council meeting, 3 September 2025, and CBIC rate notifications effective 22 September 2025
    • Notifications ending GST compensation cess on tobacco products and introducing the 40% rate, central excise duty and pan masala health cess, effective 1 February 2026
    • CGST Act, s.22 and s.24 (registration), s.10 (composition)

    This page is for education and general information, not tax or legal advice for a specific case. Check the current rate notification for your item and consult a chartered accountant or GST practitioner. Law as on 31 October 2026.

  • Fake Trading App Fraud: What to Do in the First Hour

    Fake trading app fraud what to do: stop paying at once, call the National Cyber Crime Helpline 1930 and file on cybercrime.gov.in within the first hour if you can, tell your bank to raise a fraud dispute, save every chat and payment reference (UTR), and then lodge an FIR. Do not pay any “tax”, “withdrawal fee” or “unfreezing charge”; that money is lost too. Fast reporting is what gives the police a chance to freeze money still sitting in the receiving accounts.

    PointPosition
    First call1930, National Cyber Crime Helpline
    Online complaintcybercrime.gov.in
    PoliceFIR, including zero FIR or e-FIR (BNSS s.173)
    Main offencesCheating, BNS s.318; cheating by personation using a computer resource, IT Act s.66D
    Check a broker or adviserSEBI registration: brokers start “INZ”, advisers “INA”, research analysts “INH”
    Check a payment ID@valid UPI handles of SEBI-registered entities; SEBI Check on SEBI’s portal and the Saa₹thi app
    Report fraud callsChakshu facility on the Sanchar Saathi portal

    How the WhatsApp stock tips scam works

    The pattern repeats with new names every few months:

    1. You are added to a WhatsApp or Telegram “VIP” group that uses the name of a well-known fund house or claims a “SEBI-registered” expert. Many members are fake, posting profit screenshots.
    2. You are asked to install an app from a link, not from a recognised broker, for “institutional accounts”, “block deals” or “guaranteed IPO allotment”.
    3. You pay into individual or company accounts or UPI IDs that change each time.
    4. The app shows your balance growing. When you try to withdraw, you are asked for “tax”, “service fee” or “unfreezing charges”.
    5. The money was never invested. It went to mule accounts and moves fast.

    Red flags: assured or fixed high returns on market products; pressure to act now; payment to a personal account or a UPI ID that does not end in @valid; an app from a link with no SEBI-registered broker behind it; requests for screen sharing or OTPs; withdrawals allowed only after paying more.

    Fake trading app fraud what to do: the first hour

    1. Call 1930 and file on cybercrime.gov.in. Give each transaction’s date, amount, UTR and the receiving account or UPI ID. Note the acknowledgement number.
    2. Inform your bank through its official app or helpline. Ask it to report the fraud and block further debits. Change passwords and UPI PINs if you shared any.
    3. Stop all payments. Do not pay any release fee, and ignore “recovery agents” who contact you later promising to get the money back for a charge.
    4. Save evidence: group name and link, phone numbers, app name and download link, screenshots of the app balance, chats, and bank statements.
    5. Lodge an FIR at the police station or as an e-FIR, attaching the 1930 acknowledgement. Under BNSS s.173 an FIR can be lodged at any station, whatever the place of offence (zero FIR). See how to file an FIR, zero FIR and e-FIR.
    6. Report the numbers on Chakshu (Sanchar Saathi), the group or app to the platform, and the impersonation to SEBI.

    More on the first-hour drill: cyber fraud: what to do in the first hour.

    Learn this properly, with a certificate. Module 6 covers investment frauds (fake apps, tips groups, finfluencers, Ponzi schemes) with the verification steps and model police and cybercrime complaints, and Module 2 explains @valid UPI, SEBI Check and account freezing. Legal Rights of Investors, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    Will I get my money back?

    On fake trading app fraud what to do about recovery: honestly, it depends on speed and on where the money went. Amounts frozen in receiving accounts after an early 1930 report can be returned through the police and court process. Money already withdrawn becomes part of the investigation.

    • SEBI’s SCORES and SMART ODR will not help against an unregistered app or tipster; they work only against regulated entities. They do help if a real, registered broker or its staff were involved.
    • Banks: the current RBI customer liability rules focus on unauthorised transactions. Payments you made yourself after being tricked are harder to reverse today. New RBI directions covering fraudulent transactions, including authorised-but-tricked payments, apply to transactions from 1 January 2027, not to earlier ones. See UPI and bank fraud refund rules.
    • Criminal law: cheating is punishable under section 318 of the Bharatiya Nyaya Sanhita, 2023, and cheating by personation using a computer resource under section 66D of the Information Technology Act, 2000.

    Example: Farhan, a software tester in Hyderabad, paid ₹3 lakh in four transfers through a fake “capital” app. When withdrawal was refused, he called 1930 within an hour, filed online and alerted his bank. Part of the last two payments was frozen in the receiving accounts. Had he checked the “broker” on SEBI’s website and the UPI IDs on SEBI Check first, he would have found none of them registered.

    How to check before you pay anyone

    • Registration: ask for the SEBI registration number and check it on SEBI’s website; the name, address and contact details must match.
    • Payment route: SEBI-registered brokers and mutual funds collecting money use UPI IDs ending in @valid with a category tag such as “.brk” or “.mf”, fully operational since 1 October 2025. Verify any UPI ID or bank account on SEBI Check.
    • Trades: real trades happen through a broker on a recognised exchange, with contract notes and exchange alerts to your own phone and email.
    • Finfluencers: since SEBI’s 2024 to 2025 changes, regulated entities may not associate with unregistered persons who give advice or claim returns. A person selling stock tips for a fee without SEBI registration is acting outside the rules.

    Frequently asked questions

    Fake trading app fraud what to do first?

    Stop paying, call 1930 and file on cybercrime.gov.in immediately with every transaction’s UTR and the receiving account details. Then inform your bank, save all evidence and lodge an FIR. Speed matters because money in transit can be frozen.

    Can I complain to SEBI about a fake trading app?

    You can report the impersonation or unregistered activity to SEBI, but SCORES and SMART ODR recover money only from SEBI-regulated entities. For money lost to a fake app, the police and cybercrime route is the main remedy.

    How do I check if a stock broker or trading app is genuine?

    Check the SEBI registration number (brokers start with “INZ”) on SEBI’s website, confirm the app belongs to that broker, and verify any payment UPI ID or bank account on SEBI Check. Genuine broker UPI IDs end in @valid.

    Should I pay the withdrawal tax the app is asking for?

    No. Demands for tax, fees or unfreezing charges before withdrawal are a standard part of the fraud. Paying only increases the loss; report it to 1930 instead.

    Quick quiz

    Q1. What is the first number to call after an online investment fraud?

    1. 100
    2. 1930
    3. 1915
    4. 15100
    Show answer

    Answer: B. 1930 is the National Cyber Crime Helpline; report also on cybercrime.gov.in.

    Q2. A SEBI-registered broker’s UPI ID will usually end in:

    1. @okbank
    2. @valid
    3. @sebi
    4. @trade
    Show answer

    Answer: B. SEBI and NPCI’s validated UPI handles (from 1 October 2025) end in @valid, for example with “.brk” for brokers.

    Q3. Which provision punishes cheating by personation using a computer resource?

    1. IT Act s.66D
    2. BNS s.85
    3. BNSS s.35
    4. Companies Act s.125
    Show answer

    Answer: A. Section 66D of the Information Technology Act, 2000.

    For fake trading app fraud what to do, with checks and complaint formats, see Legal Rights of Investors (₹349), which teaches rights and remedies, not what to invest in. It gives a Lexfolio certificate of completion, not a professional qualification.

    Sources

    • Bharatiya Nyaya Sanhita, 2023, s.318; Bharatiya Nagarik Suraksha Sanhita, 2023, s.173
    • Information Technology Act, 2000, s.66D
    • SEBI framework on validated UPI handles and SEBI Check (operational from 1 October 2025)
    • SEBI (Intermediaries) Regulations, 2008, as amended August 2024, on association with unregistered persons
    • RBI directions on fraudulent electronic banking transactions (applicable from 1 January 2027)

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • New SEBI Nomination Rules 2026: Demat and Mutual Fund Nominees

    Under the new SEBI nomination rules 2026, you can name up to three nominees for a demat account or mutual fund folio, and only each nominee’s name and relationship to you are mandatory. The rules come from a SEBI circular dated 29 May 2026 and apply from 1 September 2026. For single-holder accounts and folios opened on or after that date, nomination is required unless you expressly opt out; if you do not state percentages, the holdings are split equally among the nominees.

    PointPosition
    CircularSEBI, 29 May 2026; supersedes earlier nomination circulars for demat accounts and MF folios
    Effective1 September 2026
    Maximum nomineesThree
    Mandatory detailsNominee’s name and relationship with the investor
    Optional detailsContact details, KYC particulars, guardian details for a minor nominee, percentages
    No percentages statedEqual split; any odd lot goes to the first-named nominee
    New single-holder accountsNomination required unless the investor expressly opts out
    Joint accountsOptional; all joint holders must consent to add or change

    What the new SEBI nomination rules 2026 change

    SEBI’s nomination framework for demat accounts and mutual fund folios has been revised several times in recent years. The 29 May 2026 circular replaces all the earlier ones with a simpler regime from 1 September 2026:

    • Up to three nominees. You can name one, two or three people.
    • Less paperwork. Only the nominee’s name and relationship are compulsory. Contact and identity details help the institution trace the nominee later, but they are optional.
    • Default equal shares. If you skip percentages, each nominee gets an equal share. An odd unit or share that cannot be divided goes to the first-named nominee.
    • Online or offline. Online nominations can be authenticated by digital signature, e-sign or two-factor authentication. For physical forms, a witness is no longer needed, except where a thumb impression is used.
    • Change any number of times. You can modify or cancel a nomination whenever circumstances change.

    Mandatory nomination and the opt-out

    For a single-holder demat account or mutual fund folio opened on or after 1 September 2026, you must either nominate or expressly opt out. Silence is not an option. Opting out is lawful, but it means that after your death your family must prove heirship with fuller documents before the DP or AMC releases the holdings.

    For joint accounts, nomination is optional. If you do add or change one, every joint holder must consent, whatever the mode of operation. On the death of one joint holder, the holdings first go to the surviving holder.

    Existing accounts. If you nominated before the new SEBI nomination rules 2026, log in to your DP and each AMC or MF Central and check how the nomination now appears. Accounts that show “no nominee” are worth fixing now; this is a legal safeguard, not a view on any investment.

    Learn this properly, with a certificate. Module 2 covers demat safeguards including the 2026 nomination rules, DDPI and account freezing, and Module 5 explains what happens to shares and mutual funds after a death in the family. Legal Rights of Investors, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    Nominee is not owner: what families must know

    A nominee receives the holdings so that the depository or AMC gets a valid discharge. The nominee does not become the final owner against the legal heirs. The Supreme Court settled this for shares in Shakti Yezdani v. Jayanand Jayant Salgaonkar (14 December 2023): nomination under company and depository law is not a third mode of succession, and the nominee holds for those entitled under the will or the succession law. SEBI’s revised transmission framework, in force from August 2026, likewise treats nominees as receiving the assets as trustees for the legal heirs, and provides that if a nominee dies before the investor and the nomination is not changed, that nominee’s share goes to the surviving nominees in proportion.

    Example: Anil, a Nagpur engineer, names his wife and two children as nominees in his demat account without percentages. Each gets one-third on transmission. But if Anil also has an elderly mother, she is a Class I heir under section 8 of the Hindu Succession Act, 1956 if he dies without a will, and can claim her share from the nominees. If Anil wants his mother excluded or a different split, he needs a valid will, not just a nomination. See how to write a will in India.

    A five-minute nomination check

    1. List every demat account and folio (your monthly CAS shows them).
    2. Confirm that each has the nominees you want under the new SEBI nomination rules 2026, with the relationship correctly recorded.
    3. Add contact details for nominees even though optional, so they can be reached.
    4. State percentages if you want an unequal split.
    5. Tell your nominees where the accounts are, and keep a family list.
    6. Review after marriage, a birth, divorce or a death.

    Bank deposits follow banking law, not these SEBI rules: see bank nomination vs legal heir.

    Frequently asked questions

    What are the new SEBI nomination rules 2026?

    A SEBI circular dated 29 May 2026, effective 1 September 2026, allows up to three nominees for demat accounts and mutual fund folios. Only the nominee’s name and relationship are mandatory, holdings are split equally if no percentages are given, and new single-holder accounts must nominate or expressly opt out.

    How many nominees can I add to my demat account?

    From 1 September 2026, up to three nominees per demat account or mutual fund folio. You can change or cancel the nomination any number of times.

    Is nomination mandatory for mutual funds from September 2026?

    For single-holder folios opened on or after 1 September 2026, yes, unless the investor expressly opts out. For joint folios, nomination is optional, but all holders must consent to it.

    Does the nominee become the owner of my shares after my death?

    No. The nominee receives the holdings but holds them for the legal heirs or beneficiaries under a will, as the Supreme Court held in Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023). A will is the way to control who finally owns them.

    Quick quiz

    Q1. How many nominees are allowed per demat account from 1 September 2026?

    1. One
    2. Two
    3. Three
    4. Ten
    Show answer

    Answer: C. SEBI’s circular of 29 May 2026 allows up to three nominees.

    Q2. Two nominees are named without percentages. How are holdings split?

    1. All to the first nominee
    2. Equally
    3. By age
    4. As the DP decides
    Show answer

    Answer: B. Under the 2026 circular, the split is equal, with any odd lot to the first-named nominee.

    Q3. Which case held that a share nominee is not the owner against legal heirs?

    1. Vineeta Sharma v. Rakesh Sharma
    2. Shakti Yezdani v. Jayanand Jayant Salgaonkar
    3. Lalita Kumari v. Govt of UP
    4. Rajnesh v. Neha
    Show answer

    Answer: B. Supreme Court, 14 December 2023, on the Companies Act and depository nomination provisions.

    The new SEBI nomination rules 2026, transmission and heirs’ rights are covered in Legal Rights of Investors (₹349), which teaches rights and remedies, not what to invest in. It gives a Lexfolio certificate of completion, not a professional qualification.

    Sources

    • SEBI circular on nomination for demat accounts and mutual fund folios, 29 May 2026 (effective 1 September 2026)
    • SEBI revised framework for transmission of securities, July 2026 (effective 23 August 2026)
    • Shakti Yezdani v. Jayanand Jayant Salgaonkar (Supreme Court, 14 December 2023)
    • Companies Act, 2013, s.72; Hindu Succession Act, 1956, s.8

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • Is Corporal Punishment Illegal in India? RTE s.17 and JJ Act

    Is corporal punishment illegal in India? Yes. Section 17 of the RTE Act, 2009 says no child shall be subjected to physical punishment or mental harassment, and a teacher who breaks this faces disciplinary action under the service rules. Where a teacher’s act causes hurt or unnecessary suffering, it can also be a crime: hurt under the Bharatiya Nyaya Sanhita, and cruelty to a child under s.75 of the Juvenile Justice Act, 2015 (up to 3 years, or fine of ₹1 lakh, or both). Parents should record the incident, get a medical check-up and complain in writing to the school, the education officer and the child rights commission.

    PointPosition
    Main ban in schoolsRTE Act s.17(1): no physical punishment or mental harassment
    Consequence under RTEs.17(2): disciplinary action under the teacher’s service rules
    Cruelty to a childJJ Act s.75: up to 3 years, or fine of ₹1 lakh, or both; higher for staff of organisations entrusted with child care (RI up to 5 years and fine up to ₹5 lakh)
    JJ Act s.82Corporal punishment in child care institutions; two High Courts have held it does not reach ordinary schools
    Physical injuryHurt is an offence under the BNS
    Where to complainSchool, District Education Officer, SCPCR or NCPCR (e-Baal Nidan), police where there is injury

    Is corporal punishment illegal in India under the RTE Act?

    Section 17(1) of the Right of Children to Free and Compulsory Education Act, 2009 is short and absolute: no child shall be subjected to physical punishment or mental harassment. Section 17(2) makes a contravention liable to disciplinary action under the service rules that apply to the teacher or staff member. The RTE Act covers children aged 6 to 14, so s.17 speaks directly to Classes 1 to 8; for older students, the criminal laws below still apply.

    What counts? Hitting, slapping, pinching, pulling ears, making a child kneel or stand in the sun, locking a child up. Mental harassment includes abusive language, calling a child “stupid” before the class, and repeated public shaming, for example over unpaid fees.

    When corporal punishment becomes a crime

    • Hurt: causing hurt is an offence under the Bharatiya Nyaya Sanhita, 2023, which replaced the IPC from 1 July 2024.
    • Cruelty to a child, JJ Act s.75: a person having actual charge or control of a child who assaults, abuses or wilfully neglects the child in a way likely to cause unnecessary mental or physical suffering faces up to 3 years, or fine of ₹1 lakh, or both. If the person is employed by or manages an organisation entrusted with the care and protection of the child, the punishment rises to rigorous imprisonment up to 5 years and fine up to ₹5 lakh.
    • Sexual misconduct: any sexual touch, remark or gesture towards a child falls under the POCSO Act, and the school itself must report it to the police.

    What about section 82 of the JJ Act?

    Section 82 specifically punishes corporal punishment by a person in charge of or employed in a child care institution: a fine of ₹10,000 on first conviction, and up to three months, or fine, or both, for later offences, with dismissal and a bar on working with children for a convicted employee. Courts have read it narrowly. The Kerala High Court (Dhanesh Kumar v. State of Kerala, 2024) and the Orissa High Court (Ramesh Chandra Sethi v. State of Orissa, 4 March 2025) held that an ordinary school is not a “child care institution”, so s.82 does not apply to a schoolteacher. In the Orissa case the court still directed the teacher to pay ₹1 lakh compensation to the deceased student’s family and left the education department free to act.

    Learn this properly, with a certificate. Module 1 of the course explains the ban on corporal punishment, the no detention rules and a child’s dignity in school, and Module 3 covers school safety and POCSO reporting. Legal Rights of Parents: Education, Safety, Custody and Family Law, ₹349: self-paced lessons, module quizzes and a 30-question final test; pass at 60% for a verifiable Lexfolio certificate.

    What parents can do, step by step

    1. Listen and record. Write down what the child says, with date, time, place, the teacher’s name and any witnesses. Photograph any injury.
    2. Medical check-up. For any injury, see a doctor and keep the prescription and report.
    3. Written complaint to the principal and management, asking for action under s.17 and the school’s disciplinary rules, and for protection of the child from retaliation.
    4. Escalate to the District Education Officer and the State Commission for Protection of Child Rights, or file on the NCPCR’s e-Baal Nidan portal (ebaalnidan.nic.in).
    5. Police where there is real injury, or any sexual element.

    Discipline without punishment: what schools should do

    Good school practice includes a written code of conduct banning physical punishment, counselling, parent meetings and positive reinforcement. Some states have issued their own guidelines; for example, Tamil Nadu released Guidelines for the Elimination of Corporal Punishment in Schools in 2024 after the Madras High Court asked the state to act. The Supreme Court in September 2024 also directed states to implement the Ministry of Education’s 2021 Guidelines on School Safety and Security, which cover children’s protection from abuse and violence.

    Frequently asked questions

    Is corporal punishment illegal in India in private schools too?

    Yes. Section 17 of the RTE Act applies to all schools covered by the Act, government and private, and the BNS and JJ Act s.75 apply to everyone. A private school teacher who hits a child can face disciplinary action and, where the ingredients are met, criminal charges.

    Can a teacher be jailed for hitting a student?

    If the act amounts to hurt under the BNS or cruelty under JJ Act s.75, yes, imprisonment is possible after trial. Section 75 provides up to 3 years, or fine of ₹1 lakh, or both. Minor cases often end in departmental action under RTE s.17.

    Where should I complain about corporal punishment?

    First to the principal and management in writing, then the District Education Officer and the State Commission for Protection of Child Rights or e-Baal Nidan. Go to the police where there is injury or any sexual misconduct.

    Can I file a police complaint against a teacher for beating my child?

    Yes, where there is injury or unnecessary suffering. Hurt is an offence under the BNS, and cruelty to a child is punishable under JJ Act s.75. Get a medical report first and attach it to your written complaint.

    Quick quiz

    Q1. Which provision bans physical punishment and mental harassment of children in schools?

    1. RTE Act s.12
    2. RTE Act s.17
    3. POCSO Act s.23
    4. JJ Act s.94
    Show answer

    Answer: B. Section 17(1) of the RTE Act bans both.

    Q2. The maximum punishment for cruelty to a child under JJ Act s.75 (basic offence) is:

    1. 6 months
    2. Up to 3 years, or fine of ₹1 lakh, or both
    3. Life imprisonment
    4. Only a warning
    Show answer

    Answer: B. Section 75 provides up to 3 years, or fine of ₹1 lakh, or both.

    Q3. Two High Courts have held that JJ Act s.82 does not apply to ordinary schools because:

    1. Schools are not “child care institutions”
    2. Teachers are public servants
    3. The RTE Act repealed it
    4. It applies only to girls
    Show answer

    Answer: A. Section 82 covers persons in child care institutions; schools fall outside that definition.

    Know your child’s rights at school, online and at home: Legal Rights of Parents certificate course, ₹349.

    Sources

    • Right of Children to Free and Compulsory Education Act, 2009: s.17
    • Juvenile Justice (Care and Protection of Children) Act, 2015: ss.75, 82
    • Bharatiya Nyaya Sanhita, 2023 (offences of hurt)
    • Dhanesh Kumar v. State of Kerala, Kerala High Court, 2024
    • Ramesh Chandra Sethi v. State of Orissa, Orissa High Court, 4 March 2025
    • Bachpan Bachao Andolan v. Union of India, Supreme Court, September 2024; Ministry of Education, Guidelines on School Safety and Security, 2021
    • Tamil Nadu School Education Department, Guidelines for the Elimination of Corporal Punishment in Schools, 2024

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.

  • Children Online Safety Law India: 2026 Guide for Parents

    Children online safety law in India is spread across several statutes rather than one code: the POCSO Act and IT Act punish online sexual exploitation, the BNS covers threats, stalking and extortion, the IT Rules require platforms to remove intimate or morphed images within 2 hours of a complaint, and the DPDP Act will require verifiable parental consent for children’s data from 13 May 2027. In October 2026 the Supreme Court held that internet access is a fundamental right of children too, and rejected blanket bans in favour of parental guidance and safe defaults. Report abuse on cybercrime.gov.in, call 1930 if money is lost, and inform the police where a child is sexually targeted.

    PointPosition
    Supreme Court, October 2026Just Rights for Children Alliance v. S. Harish: internet access a fundamental right of every individual, including children (Art. 21 with Art. 19(1)(a)); blanket bans rejected
    Online sexual exploitationPOCSO Act (ss.11 to 15) and IT Act s.67B; reporting compulsory under POCSO s.19
    Threats, stalking, extortionBNS s.351 (intimidation), s.78 (stalking), s.308 (extortion)
    TakedownIT Rules as amended from 20 February 2026: intimate images and impersonation removed within 2 hours of complaint
    Appeal against platformGrievance Appellate Committee (gac.gov.in) within 30 days
    Children’s dataDPDP Act s.9: parental consent, no tracking or targeted ads; applies from 13 May 2027
    Online money gamesBanned under the Promotion and Regulation of Online Gaming Act, 2025, in force from 1 May 2026
    Helplines1930 (cyber fraud), 112 (emergency), 1098 (child helpline), 14416 (Tele-MANAS)

    The October 2026 Supreme Court ruling on children and the internet

    In Just Rights for Children Alliance v. S. Harish (October 2026), a bench of Justices J.B. Pardiwala and K. Vinod Chandran, while dealing with how child sexual abuse material is detected and removed online, held that the right to access and use the internet is a fundamental right of every individual, including children, flowing from Article 21 read with Article 19(1)(a).

    As reported, the Court:

    • rejected blanket restrictions on children’s internet access as unproven and disproportionate;
    • said child safety and children’s freedom are not opposed;
    • cautioned against universal age verification because of privacy and surveillance risks;
    • suggested safeguards such as parental consent and oversight, a “child mode”, private accounts by default, limits on contact from unknown adults and moderation of content and ads aimed at children, leaving details to the Union Government;
    • directed steps for a national system to identify and remove child sexual abuse material across platforms.

    Children online safety law India: which law covers which harm

    • Threats to the child or family: criminal intimidation, BNS s.351.
    • Repeated online following or monitoring of a girl despite clear disinterest: stalking, BNS s.78.
    • Money or more images demanded under threat (sextortion): extortion, BNS s.308; for a child, also POCSO offences and IT Act s.67B.
    • Sexual messages or repeated contact with a child with sexual intent: sexual harassment under POCSO s.11, punishable up to 3 years and fine (s.12).
    • Morphed or private images: IT Act s.66E (privacy), ss.67 and 67A; for children, s.67B and POCSO.
    • Fake profile: IT Act s.66D where its ingredients are present, plus platform impersonation rules.

    Possessing or forwarding sexual material involving a child is itself an offence (POCSO s.15; IT Act s.67B), even “as evidence”. Never copy it. Note where it is and let the police seize it.

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    What to do in the first hour if your child is targeted online

    1. Stay calm and support the child. The child is the victim. If there is any risk of self-harm, stay with the child and call 112 or 1098.
    2. Do not pay a blackmailer. Payment usually brings more demands.
    3. Save evidence without copying images: screenshots of profiles, usernames, URLs, demands and payment IDs.
    4. Report: call 1930 if money was paid, and file on cybercrime.gov.in, which has a category for crimes against women and children.
    5. Inform the police or SJPU where a child is sexually targeted. This is a duty under POCSO s.19.
    6. Ask the platform to remove content. Intimate images and impersonation must be acted on within 2 hours under the amended IT Rules; other grievances within 7 days. If refused, appeal to the Grievance Appellate Committee within 30 days.
    7. Tell the school in writing if classmates are involved, and ask it to protect your child’s identity.

    Children’s data under the DPDP Act

    A “child” under the Digital Personal Data Protection Act, 2023 is anyone below 18 (s.2(f)). Section 9 requires verifiable consent of a parent or guardian before a child’s data is processed, bars processing likely to harm the child’s well-being, and bars tracking, behavioural monitoring and targeted advertising directed at children. Penalties go up to ₹200 crore for breach of the children’s data duties. These obligations apply from 13 May 2027. Schools have a narrow exemption for educational tracking and children’s safety only.

    Frequently asked questions

    What is the children online safety law in India?

    There is no single Act. Protection comes from the POCSO Act, the IT Act and IT Rules, the BNS, the DPDP Act and the Online Gaming Act, 2025. In October 2026 the Supreme Court added that internet access is a fundamental right of children too, so the focus is on safe use rather than bans.

    Has India banned social media for children?

    No. The Supreme Court in October 2026 rejected blanket bans on children’s internet access as disproportionate, and favoured parental guidance, child modes and safe defaults. It left the detailed safeguards to the Union Government.

    Where do I report online abuse of my child?

    File on cybercrime.gov.in, call 1930 if money has been lost, and inform the local police or SJPU if the abuse is sexual, since POCSO makes reporting compulsory. In an emergency call 112, and for child support call 1098.

    How fast must Instagram or other platforms remove a morphed photo of my child?

    Under the IT Rules as amended from 20 February 2026, platforms must act within 2 hours on complaints about intimate images and impersonation, including morphed images. If the platform refuses, appeal to the Grievance Appellate Committee within 30 days.

    Quick quiz

    Q1. In October 2026, the Supreme Court held that internet access for children is:

    1. A privilege parents may grant
    2. A fundamental right flowing from Art. 21 with Art. 19(1)(a)
    3. Banned below 16
    4. Allowed only with Aadhaar verification
    Show answer

    Answer: B. Just Rights for Children Alliance v. S. Harish treated it as a fundamental right of every individual, including children.

    Q2. A teenager is being sextorted. The parent should first:

    1. Pay quickly to end it
    2. Forward the video to the school as proof
    3. Not pay, save identifiers, report on 1930 or cybercrime.gov.in and to the police
    4. Delete all chats
    Show answer

    Answer: C. Forwarding the material is itself an offence (POCSO s.15, IT Act s.67B); report and preserve identifiers.

    Q3. From when do the DPDP Act’s children’s data duties under s.9 apply?

    1. 1 July 2024
    2. 13 November 2025
    3. 13 May 2027
    4. 1 January 2030
    Show answer

    Answer: C. Most substantive DPDP duties, including s.9, apply from 13 May 2027.

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    Sources

    • Constitution of India: Articles 19(1)(a), 21
    • Just Rights for Children Alliance v. S. Harish, Supreme Court, October 2026
    • Protection of Children from Sexual Offences Act, 2012: ss.11, 12, 15, 19
    • Information Technology Act, 2000: ss.66D, 66E, 67, 67A, 67B; IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from 20 February 2026
    • Bharatiya Nyaya Sanhita, 2023: ss.78, 308, 351, 356
    • Digital Personal Data Protection Act, 2023: ss.2(f), 9; DPDP Rules, 2025
    • Promotion and Regulation of Online Gaming Act, 2025

    This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.