Category: Know Your Rights

If your builder has not given possession by the date in your agreement, Section 18 of the Real Estate (Regulation and Development) Act, 2016 gives you a choice. You can withdraw from the project and get your money back with interest, or you can stay and get interest for every month of delay until possession. File a complaint before your state’s RERA Authority under Section 31. Compensation is decided by the adjudicating officer under Sections 71 and 72. Either side can appeal to the Real Estate Appellate Tribunal within 60 days under Section 44. You may also go to the consumer commission instead.

What Section 18 gives you

Section 18(1) applies where the promoter fails to complete the project or is unable to give possession in terms of the agreement for sale, or by the date specified in it. Two options open up:

• Withdraw and take a refund. The promoter must return the amount received, with interest at the rate prescribed by the state rules, and compensation as provided under the Act.
• Stay in the project. If you do not want to withdraw, the promoter must pay you interest for every month of delay until it hands over possession, at the prescribed rate.

The interest rate is set by each state’s RERA rules, so check your state’s rules and recent orders of your state Authority instead of relying on a figure you read elsewhere.

In Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (decided 11 November 2021), the Supreme Court described the allottee’s right to a refund on demand as an “unconditional absolute right” where the promoter fails to give possession within the agreed time. That right is not defeated by claims of unforeseen events or stay orders. The Court also held that refund and interest are for the RERA Authority to decide, while compensation is for the adjudicating officer.

Step by step: filing a RERA complaint

1. Check the project on your state’s RERA website. Note the registration number and the completion date the promoter declared.
2. Collect documents. Agreement for sale, allotment letter, payment receipts, bank statements, demand letters, and any letters from the builder about delay.
3. Send a written demand. A short letter or a legal notice stating your choice: refund with interest, or interest for delay. This frames the dispute clearly.
4. File the complaint under Section 31. In Uttar Pradesh, register and file on up-rera.in. Choose refund or delay interest, and file a separate claim for compensation before the adjudicating officer if you want it. Pay the fee your state’s rules prescribe.
5. Attend hearings. Check the notice for whether your hearing is online or in person. Keep your complaint number and track it on the portal.
6. Enforce the order. If the builder does not pay, apply to the Authority for execution of its order.

Compensation, appeals and pre-deposit

• Compensation (ss.71 and 72). The Authority appoints an adjudicating officer to decide compensation. Under Section 72, the officer considers factors such as the unfair gain made by the promoter, the loss caused to you, and whether the default is repetitive.
• Appeal (s.44). Anyone aggrieved by an order of the Authority or the adjudicating officer may appeal to the Real Estate Appellate Tribunal within 60 days of receiving a copy of the order.
• Pre-deposit (s.43(5)). A promoter who appeals must first deposit at least 30% of the penalty, or the full amount payable to the allottee with interest and compensation, as the case may be. The Supreme Court upheld this condition in Newtech Promoters. It stops builders from using appeals only to delay payment.
• Second appeal (s.58). A further appeal lies to the High Court within 60 days of the Tribunal’s order, on the grounds in Section 100 of the Code of Civil Procedure.

RERA or consumer commission?

Section 79 of RERA bars civil courts from hearing matters the Authority can decide. In Imperia Structures Ltd. v. Anil Patni (2 November 2020), the Supreme Court held that a consumer commission is not a “civil court” for this purpose, and that Section 88 makes RERA an addition to other laws. So a homebuyer can choose between RERA and the consumer commission. Do not run both for the same relief at the same time.

• RERA: specialised forum, interest at the rate fixed by state rules, and a pre-deposit before any builder appeal.
• Consumer commission: useful where you also want wider relief for deficiency in service. Jurisdiction depends on the consideration paid: District up to ₹50 lakh, State above ₹50 lakh to ₹2 crore, National above ₹2 crore. See our e-Jagriti guide.

Example: Rahul and Pooja booked a flat in Greater Noida in 2021 with possession promised by March 2024. By October 2026 the tower is incomplete. They file on up-rera.in seeking a full refund with interest under Section 18, and a separate compensation claim before the adjudicating officer. The builder appeals, but must first make the pre-deposit under Section 43(5).

Frequently asked questions

Can the builder refuse a refund citing the pandemic or a court stay?

The Supreme Court in Newtech Promoters held the refund right to be unconditional where possession is not given within the agreed time, regardless of unforeseen events or stay orders. Specific facts can still matter, so read your agreement.

Who decides compensation: the Authority or the adjudicating officer?

Refund and interest are decided by the Authority. Compensation is decided by the adjudicating officer under Sections 71 and 72.

What is the time limit to appeal a RERA order?

Sixty days from the date you receive a copy of the order, before the Appellate Tribunal under Section 44.

Can I go to the consumer forum even though RERA exists?

Yes. Imperia Structures (2020) held that RERA does not bar consumer commissions.

What interest will I get?

The rate prescribed in your state’s RERA rules. It varies by state.

Quick quiz

Learn RERA, property and consumer remedies in the Certificate Course in Everyday Law for Every Indian (₹349).

Sources

• Real Estate (Regulation and Development) Act, 2016: Sections 18, 31, 43(5), 44, 58, 71, 72, 79 and 88
• Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., Supreme Court, 11 November 2021
• Imperia Structures Ltd. v. Anil Patni, Supreme Court, 2 November 2020
• Consumer Protection Act, 2019 and the 2021 jurisdiction rules
• Uttar Pradesh Real Estate (Regulation and Development) Rules (for prescribed interest and fees in UP)

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

In India you own immovable property through a registered document, not through mutation and not through a power of attorney. Section 17 of the Registration Act, 1908 makes registration compulsory for documents such as sale deeds of immovable property worth one hundred rupees or more, and leases for more than a year. Under Section 49, an unregistered document of this kind does not affect the property. Mutation (dakhil kharij) only updates the revenue record so the right person pays land revenue or tax. It does not create title.

Registration: what the law requires

Section 17(1) of the Registration Act lists documents that must be registered. For ordinary buyers the important ones are:

• Non-testamentary instruments that create, declare, assign, limit or extinguish any right, title or interest in immovable property of the value of one hundred rupees and upwards. A sale deed, gift deed or relinquishment deed of a house or plot falls here.
• Leases of immovable property from year to year, for any term exceeding one year, or reserving a yearly rent.

Registration is done at the office of the Sub-Registrar where the property is situated. Both sides, or their authorised agents, appear with identity proof and witnesses, and the stamp duty and registration fee are paid. Stamp duty is a state subject, so rates differ from state to state. Check your state registration department’s current rates before you budget.

Section 49: why an unregistered deed is risky

Section 49 says a document that must be registered but is not registered shall not “affect any immovable property comprised therein”, and cannot be received as evidence of the transaction. There are two narrow exceptions in the proviso: the document may be used as evidence of a contract in a suit for specific performance, or as evidence of a collateral transaction that does not itself need registration.

In plain terms: if you paid full price but only signed an unregistered “sale agreement” or notarised paper, you are not the owner. At best you can sue for specific performance to force a proper sale deed.

Mutation (dakhil kharij): what it is and what it is not

After you buy or inherit property, you apply to the revenue office (tehsil) or municipal body to enter your name in its records. In Uttar Pradesh and many northern states this is called dakhil kharij. It matters in practice: you need it to pay house tax or land revenue, get some government benefits, and show a clean record when you sell.

But mutation is not ownership. In Jitendra Singh v. State of M.P. (decided 6 September 2021), the Supreme Court repeated that a mutation entry “does not confer any right, title or interest” and is made only for fiscal purposes. A person claiming title, for example under a will, must establish it before a civil court. Revenue authorities cannot decide a title dispute through mutation.

• A name in the khatauni or municipal record is not proof that the person can sell.
• A wrong mutation entry does not take away your title. Object to it before the revenue officer, and go to the civil court where title itself is disputed.

Power of attorney “sales” do not transfer title

For years, property in many cities changed hands through a bundle of agreement to sell, general power of attorney (GPA) and will, to avoid stamp duty. In Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana (11 October 2011), the Supreme Court held that such transactions do not convey title or create an interest in immovable property. Property can be transferred only by a registered deed of conveyance. Later decisions, including Ghanshyam v. Yogendra Rathi (2023), have reaffirmed that a GPA or will does not make the holder the owner.

Checklist before you buy

1. Title chain. Get copies of previous sale deeds going back several transfers, as far as records allow. Each link should be a registered document.
2. Encumbrance certificate. Get it from the Sub-Registrar’s office (online in many states) for a long period. It shows registered mortgages and transactions on the property.
3. Revenue and municipal records. Check that the seller’s name is in the mutation record and that house tax is paid. Remember this supports, but does not prove, title.
4. Approved map and land use. Confirm the building plan was sanctioned by the development authority and that the land use permits housing.
5. RERA registration. For a new project, check registration on the state RERA portal. See our RERA delay guide.
6. Loans and disputes. Ask whether any bank loan is outstanding and search for pending court cases on the property.
7. Register the sale deed. Pay full stamp duty and register. Then apply for mutation.

Example: Imran in Lucknow buys a plot from Ramesh on the strength of a GPA and a notarised agreement. Two years later Ramesh’s sons sell the same plot by a registered sale deed to another buyer. Imran’s papers do not make him owner. Had he insisted on a registered sale deed, and checked the encumbrance certificate, he would have been protected.

Frequently asked questions

Does mutation in my name make me the owner?

No. Mutation is a fiscal record. Title comes from a registered document, inheritance or a court decree.

Is a notarised sale agreement enough?

No. A sale of immovable property worth ₹100 or more must be by a registered instrument. Notarisation is not registration.

Do I need to register an 11-month rent agreement?

Section 17 makes registration compulsory for leases of more than one year or from year to year. State laws can add requirements, such as Uttar Pradesh’s tenancy law requiring the agreement to be informed to the Rent Authority. See rent agreement in Uttar Pradesh.

I inherited my father’s house. Do I need a sale deed?

No. Inheritance happens by law. You apply for mutation with the death certificate and proof of heirship. See who inherits property without a will.

Quick quiz

Learn property, RERA and inheritance law in plain language in the Certificate Course in Everyday Law for Every Indian (₹349).

Sources

• Registration Act, 1908: Sections 17 and 49
• Transfer of Property Act, 1882
• Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, Supreme Court, 11 October 2011 (2012) 1 SCC 656
• Jitendra Singh v. State of Madhya Pradesh, Supreme Court, 6 September 2021
• Ghanshyam v. Yogendra Rathi, (2023) 7 SCC 361
• Real Estate (Regulation and Development) Act, 2016

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

If you are covered by EPF, both you and your employer contribute 12% of your wages every month, and you can check every deposit yourself in your EPF passbook using your UAN. If the employer deducts PF from your salary but does not deposit it, file a grievance on EPFiGMS (epfigms.gov.in); under section 133 of the Code on Social Security, 2020, failing to pay an employee’s contribution that was deducted from wages is punishable with imprisonment of one to three years and a fine of ₹1 lakh. ESI covers employees earning up to ₹21,000 a month (₹25,000 for persons with disability) and gives medical care and cash benefits.

EPF basics under the Code on Social Security

The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 was subsumed into the Code on Social Security, 2020 when the Labour Codes took effect on 21 November 2025. On 29 June 2026 the Ministry of Labour notified the EPF Scheme, 2026, the EPS Scheme, 2026 and the EDLI Scheme, 2026, replacing the 1952, 1995 and 1976 schemes. Existing members carried over automatically. Your UAN and balance remain the same.

• Contribution: 12% of wages from you and 12% from the employer. Out of the employer’s share, 8.33% (on wages up to the ceiling) goes to the pension scheme (EPS).
• Wage ceiling: ₹25,000 a month for mandatory coverage, with effect from 17 September 2026 (it was ₹15,000 before that). Employees above it can contribute on higher wages if they and the employer jointly opt.
• Insurance: the EDLI scheme pays an assurance benefit to the family if a member dies in service.
• Wages definition: under the Codes, if allowances exceed 50% of total pay, the excess is added back to wages. This stops employers from shrinking “basic” to cut PF.

Check your UAN and passbook today

1. Get your UAN from your salary slip or HR. It stays the same across jobs.
2. Activate it on the EPFO member portal with your Aadhaar-linked mobile number.
3. Open the passbook and match each month’s deposit against your salary slips. A missing month is your early warning.
4. Make sure Aadhaar, bank account and PAN are linked (KYC), and that your date of birth and name match Aadhaar. Mismatches are the most common reason for claim rejection.
5. When you change jobs, check that the new employer has linked the same UAN, and file an online transfer request if the old balance has not moved.

Withdrawals: the October 2025 simplification

On 13 October 2025, EPFO’s Central Board of Trustees approved a major simplification of partial withdrawals. Thirteen separate provisions were merged into one rule with three categories: essential needs (illness, education, marriage), housing needs, and special circumstances. Members can withdraw up to 100% of the eligible balance (employee and employer share), with minimum service of 12 months, but 25% of contributions must stay in the account as a minimum balance. The EPF Scheme, 2026 reflects the 12-month and 25% rules.

The Board also extended the waiting period for premature final settlement: 12 months after leaving employment for the EPF balance, and 36 months for final pension withdrawal. Full withdrawal remains available on retirement and in other specified cases. Always check the current rule on the member portal before filing a claim.

Employer deducting PF but not depositing it

This is serious. Section 133 of the Code on Social Security punishes an employer who fails to pay the employee’s contribution deducted from wages with imprisonment of not less than one year, which may extend to three years, and a fine of ₹1 lakh. Failure to pay other contributions also attracts imprisonment and fine.

What to do:

1. Download your passbook and collect salary slips showing the PF deduction.
2. Email HR asking for the challan details for the missing months.
3. File a grievance on EPFiGMS (epfigms.gov.in), choosing your establishment and attaching the evidence. Note the registration number.
4. EPFO can assess dues, levy damages and interest, and recover them from the employer. Follow up on the portal.
5. If nothing moves, send a legal notice and approach the regional EPFO office in person.

Example: Sandeep, a supervisor at a Ghaziabad packaging unit, sees ₹1,800 cut as PF on every slip, but his passbook shows no deposits for 8 months. He files on EPFiGMS with slips and the passbook. EPFO takes it up with the establishment, and the arrears are credited with interest.

ESI: who is covered and what you get

The Employees’ State Insurance scheme covers employees drawing wages up to ₹21,000 a month (₹25,000 for persons with disability) in covered establishments, generally those with 10 or more persons. The employee pays 0.75% of wages and the employer pays 3.25%. Employees with a daily average wage up to ₹176 do not pay their share; the employer still does.

ESI benefits include medical care for you and your family at ESI dispensaries and hospitals, cash sickness benefit, maternity benefit, disablement benefit for employment injury, and dependants’ benefit if an insured worker dies from an employment injury. Ask HR for your ESI insurance number and e-Pehchan card.

Frequently asked questions

How do I know if my employer is depositing PF?

Check the EPF passbook with your UAN. Every month’s employee and employer share should appear.

Where do I complain about PF?

On EPFiGMS, the EPFO grievance portal at epfigms.gov.in.

Is PF compulsory if my salary is above ₹25,000?

The mandatory ceiling is ₹25,000 a month from 17 September 2026 (earlier ₹15,000). Above it, coverage depends on whether you were already a member and on joint options; many employers cover all staff.

What is the ESI salary limit?

₹21,000 a month in wages, or ₹25,000 for persons with disability.

Can I withdraw my full PF while still employed?

Partial withdrawal of up to 100% of the eligible balance is allowed after 12 months of membership, but 25% of contributions must remain.

Quick quiz

To learn every work right with a certificate, see Certificate Course in Everyday Law for Every Indian.

Sources

• Code on Social Security, 2020, including section 133
• Employees’ Provident Fund Scheme, 2026; Employees’ Pension Scheme, 2026; EDLI Scheme, 2026 (notified 29 June 2026)
• EPFO Central Board of Trustees, 238th meeting, 13 October 2025, press brief
• ESIC: coverage and contribution notes (esic.gov.in)
• EPFiGMS grievance portal (epfigms.gov.in)

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

If someone creates a fake profile of you, impersonates you or posts your intimate or morphed images, report it at once to the platform’s Grievance Officer and to the national cyber crime portal (cybercrime.gov.in) or helpline 1930. Under Rule 3(2)(b) of the IT Rules, 2021, as amended with effect from 20 February 2026, a platform must remove content showing nudity, sexual acts or electronic impersonation of you within 2 hours of your complaint; other user grievances must be resolved within 7 days. If the platform fails you, appeal to the Grievance Appellate Committee at gac.gov.in within 30 days. The offender can face charges under the IT Act (ss.66C, 66D, 67, 67A) and the BNS (stalking s.78, defamation s.356).

First hour: what to do

1. Do not engage or threaten the harasser. It can escalate matters and alert them to delete evidence.
2. Preserve evidence. Take screenshots that show the profile URL, username, date and time. Copy the links. Save chats and emails. Ask a trusted person to take screenshots from their phone too, because some content is visible only to others.
3. Report on the platform. Use the in-app report button and also write to the platform’s Grievance Officer (contact details are in its terms or grievance page). Say clearly: “This profile impersonates me” or “This content shows me in nudity / is a morphed image of me, removal requested under Rule 3(2)(b)”. Attach proof of identity if asked.
4. Report the crime. File on cybercrime.gov.in under the women and children related crime category, or call 1930. You can also file an FIR at any police station; under section 173 of the BNSS, a zero FIR can be registered irrespective of where the offence happened.
5. Tell family or a friend. Online harassment works through isolation. Support helps you act quickly.

What the IT Rules require of platforms

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require every intermediary (social media, messaging, hosting platforms) to publish the name and contact of a Grievance Officer and to act on complaints. MeitY amended the Rules on 10 February 2026, with effect from 20 February 2026, and shortened key timelines:

• Rule 3(2)(b): where you complain about content that exposes your private areas, shows you in full or partial nudity or in a sexual act, or impersonates you in electronic form, including artificially morphed images, the platform must remove or disable access within 2 hours (earlier 24 hours).
• Rule 3(2)(a): general grievances must be resolved within 7 days (earlier 15 days).
• Rule 3(1)(d): takedowns ordered by a court or the government must be done within 3 hours.

If the Grievance Officer rejects or ignores your complaint, you can appeal to the Grievance Appellate Committee on gac.gov.in within 30 days of the platform’s decision. The Committee aims to decide appeals within 30 days.

Which offences apply

• Fake profile using your name and photos: identity theft under section 66C of the IT Act (fraudulently or dishonestly using another person’s electronic signature, password or other unique identification feature). If the fake profile is used to cheat people (asking your friends for money), cheating by personation under section 66D.
• Posting obscene or sexually explicit material: sections 67 and 67A of the IT Act. Capturing or publishing images of a person’s private area without consent is also an offence under section 66E.
• Repeatedly following, contacting or monitoring a woman’s online activity despite clear disinterest: stalking under section 78 of the Bharatiya Nyaya Sanhita, 2023, which expressly covers monitoring “the internet, e-mail or any other form of electronic communication”. Up to 3 years and fine on first conviction, up to 5 years on a subsequent conviction.
• False statements damaging your reputation: defamation under section 356 of the BNS. Defamation is a complaint case before a Magistrate, and a civil suit for damages and an injunction is also available.

Which sections the police add depends on the facts. Your complaint should describe exactly what was done, when, on which platform, with links.

Real-life example

Ananya, a college student in Indore, found an Instagram account using her photos with sexual captions, messaging her classmates. She took screenshots with URLs, reported the account in-app and emailed the Grievance Officer stating that the content impersonated her and used morphed images, and filed on cybercrime.gov.in. The account was taken down the same day. The police traced the account through the platform and registered an FIR under the IT Act and BNS.

Common mistakes

• Deleting your own account or chats in panic. Evidence goes with it.
• Reporting only in-app without a written complaint to the Grievance Officer. The written complaint starts the legal clock.
• Paying a “takedown agent” who promises removal. Use only the platform, the portal and the police.
• Waiting for the harassment to stop. Early reporting gives the best chance of tracing the account.

Frequently asked questions

How fast must Instagram or Facebook remove a fake profile with my morphed photos?

Within 2 hours of your complaint, under Rule 3(2)(b) of the IT Rules as amended in 2026, where it shows nudity, sexual acts or impersonates you.

Can someone else complain on my behalf?

Yes. A complaint under Rule 3(2)(b) can be made by the individual or by any person on their behalf.

Where do I appeal if the platform does nothing?

To the Grievance Appellate Committee at gac.gov.in, within 30 days.

Is creating a fake profile a crime?

Using someone’s identity information fraudulently or dishonestly is identity theft under section 66C of the IT Act. Using it to cheat is section 66D.

Do I need a lawyer to file a cyber complaint?

No. You can file on cybercrime.gov.in or at a police station yourself. Free legal aid is available through NALSA on 15100.

Quick quiz

For a complete module on cyber safety and your rights, see Certificate Course in Everyday Law for Every Indian.

Sources

• Information Technology Act, 2000, sections 66C, 66D, 66E, 67 and 67A
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rules 3 and 3A, as amended by the Amendment Rules, 2026 (in force 20 February 2026)
• Bharatiya Nyaya Sanhita, 2023, sections 78 and 356
• Bharatiya Nagarik Suraksha Sanhita, 2023, section 173
• National Cyber Crime Reporting Portal (cybercrime.gov.in) and helpline 1930

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

Your notice period is mainly what your appointment letter says; no general law fixes 30, 60 or 90 days for every employee. Whatever the notice dispute, your employer cannot hold back wages you have already earned: under section 17(2) of the Code on Wages, 2019, dues must be paid within two working days of resignation, dismissal or retrenchment. A “worker” retrenched under the Industrial Relations Code, 2020 is entitled to one month’s notice (or wages in lieu) and compensation of 15 days’ average pay for every completed year of continuous service. A non-compete that stops you working after you leave is generally void under section 27 of the Indian Contract Act, 1872.

Notice period: what actually binds you

For most private sector employees, the notice period is a contract term. If your appointment letter says 60 days, that is your starting point. Many letters also allow the employer to accept “salary in lieu of notice”, or let you buy out the balance.

• If you leave early without consent: the employer can usually claim the notice pay shortfall, but only up to what the contract provides. It cannot invent a penalty that is not in the contract.
• If the employer refuses to accept your resignation: keep your resignation email and the date. Ask in writing for the last working day. Do not simply stop coming to work without a written record.

Your money cannot be held hostage

Section 17(2) of the Code on Wages says that where an employee is removed, dismissed, retrenched or resigns, “wages payable” must be paid within two working days. A notice period dispute does not cancel this duty. The employer may adjust a genuine notice pay shortfall if the contract permits, but it cannot freeze your entire salary, leave encashment and other earned dues until you “settle”.

Gratuity, if you qualify, is a separate statutory right. Provident fund belongs to you and is withdrawn or transferred through EPFO, not through the employer’s goodwill. See gratuity rules and PF and ESI rights.

If dues are not paid, the route is a written demand, a legal notice, and a claim before the authority under section 45 of the Code on Wages within three years. The full process is in salary not paid by employer.

Termination and retrenchment under the Industrial Relations Code

The four Labour Codes came into force on 21 November 2025. Retrenchment is now governed by the Industrial Relations Code, 2020.

Who is protected: a “worker” under section 2(zr). This excludes persons employed mainly in a managerial or administrative capacity, and persons in a supervisory capacity drawing wages above the notified limit (currently ₹18,000 per month). A software developer with no managerial role may well be a worker; a regional sales head usually is not. Coverage depends on the real nature of duties, not the job title.

Conditions for retrenching a worker with at least one year’s continuous service (s.70):

1. one month’s written notice stating the reasons, or wages for the notice period in lieu;
2. retrenchment compensation equal to 15 days’ average pay for every completed year of continuous service;
3. notice to the appropriate Government in the prescribed manner.

In addition, section 83 requires the employer to deposit 15 days’ last drawn wages per retrenched worker into the worker re-skilling fund. This is separate from retrenchment compensation.

Larger units: Chapter X applies to industrial establishments (factories, mines and plantations) that employed 300 or more workers on average per working day in the preceding 12 months. Retrenchment there needs three months’ notice or wages in lieu and prior permission of the appropriate Government (s.79).

Managers and others outside “worker” are governed by their contract. Their remedy for wrongful termination is usually damages for the notice period and dues in a civil suit, not reinstatement.

Relieving letter, experience certificate and original documents

There is no general statute that gives every private employee a right to a relieving letter. In Bharat Aviation Pvt. Ltd. v. Rahul Sudhindra Soni (Bombay High Court, May 2026), the court refused to compel a relieving letter and experience certificate where the employee had left in breach of his service bond. Standing orders for workers in industrial establishments do provide for a service certificate on exit, but that applies only within their coverage.

In practice:

• Resign by email, complete handover, return company assets against a receipt, and then ask in writing for the relieving letter.
• If the contract or HR policy promises these documents, a legal notice citing that clause usually works.
• Never hand over original degree or school certificates. Show originals for verification and give self-attested copies. If an employer is holding your originals, demand them back in writing and then send a legal notice; a civil suit for return of specific movable property is available.

Non-compete clauses after you leave

Section 27 of the Indian Contract Act makes void every agreement by which anyone is restrained from exercising a lawful profession, trade or business. In Percept D’Mark (India) Pvt. Ltd. v. Zaheer Khan (2006), the Supreme Court held that restrictive covenants operating after the contract ends are hit by section 27. So a clause saying “you will not join any competitor for two years” is generally unenforceable once you have left.

Two cautions. First, a restriction during employment (no moonlighting for a rival) is usually valid. Second, confidentiality and non-use of trade secrets survive your exit. Taking client lists or source code is a separate legal problem.

Frequently asked questions

Is a 90-day notice period legal?

Yes, if it is in your contract. No general law caps it for private employees. You can negotiate a buyout or early release.

Can my employer withhold my salary because I did not serve full notice?

It can adjust notice pay only as the contract permits. Earned wages must otherwise be paid within two working days of exit under section 17(2) of the Code on Wages.

How is retrenchment compensation calculated?

For a worker, 15 days’ average pay for every completed year of continuous service, under section 70 of the Industrial Relations Code. So a worker with 6 completed years gets 90 days’ (6 × 15) average pay, plus notice pay if notice was not given.

Is a relieving letter mandatory?

Not under a general statute. It depends on your contract, HR policy and, for workers, applicable standing orders.

Can I be sued for joining a competitor?

A post-employment non-compete is generally void under section 27 of the Contract Act. Misuse of confidential information is a different matter.

Quick quiz

To understand work rights from offer letter to exit, see Certificate Course in Everyday Law for Every Indian.

Sources

• Code on Wages, 2019, sections 17 and 45
• Industrial Relations Code, 2020, sections 2(zr), 70, 77, 79 and 83
• Indian Contract Act, 1872, section 27
• Percept D’Mark (India) Pvt. Ltd. v. Zaheer Khan, Supreme Court, 2006
• Bharat Aviation Pvt. Ltd. v. Rahul Sudhindra Soni, Bombay High Court, 2026

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

If you or a family member is injured or killed in a road accident, you can claim compensation by filing a claim petition before the Motor Accidents Claims Tribunal (MACT) under section 166 of the Motor Vehicles Act, 1988. Since 1 April 2022, the petition must be filed within six months of the accident (s.166(3)). In hit-and-run cases, a fixed compensation of ₹2 lakh for death and ₹50,000 for grievous hurt is paid under section 161. Victims are also entitled to cashless treatment of up to ₹1.5 lakh for the first 7 days after the accident (the 2025 cashless scheme, and the PM RAHAT scheme launched in February 2026), and anyone who helps a victim is protected as a Good Samaritan under section 134A.

Step-by-step: from the accident to the claim

1. Get medical help first. Call 112. Take the victim to the nearest hospital. Under the cashless scheme, a designated hospital must give treatment up to ₹1.5 lakh for the first 7 days; a non-designated hospital must at least stabilise the patient.
2. Make sure an FIR is registered. The police must register an FIR for an accident involving injury or death. Get a copy. Note the vehicle number, driver details and insurer if known.
3. Police reports to the Tribunal. In Gohar Mohammed v. U.P. State Road Transport Corporation (2022), the Supreme Court directed the investigating officer to send the First Accident Report to the Claims Tribunal within 48 hours and to compile the Detailed Accident Report within 90 days. The Central Motor Vehicles Rules (rule 150A, inserted in 2022) lay down this procedure. Section 166(4) lets the Tribunal treat the accident report forwarded to it as a claim application, but file your own petition in time rather than rely on that.
4. File the claim petition within six months. File before the MACT having jurisdiction where the accident occurred, where you reside or carry on business, or where the defendant resides. Name the owner, driver and insurer.
5. Prove your loss. Medical bills, discharge summary, disability certificate, salary slips or ITRs, age proof, and for death cases, the post-mortem report and proof of dependants.
6. Settlement or award. Insurers often offer settlement based on the DAR. You can accept or contest before the Tribunal or a Lok Adalat.

The insurance company’s role

Third-party insurance is compulsory for every motor vehicle. Once the offending vehicle is identified and insured, the insurer usually pays the award. It can raise only limited defences, such as breach of specified policy conditions (for example, an unlicensed driver) or non-receipt of premium. In many such cases, tribunals still direct the insurer to pay the victim first and recover from the owner later.

If the vehicle is uninsured, the owner and driver are liable, and the Motor Vehicle Accident Fund under section 164B may also come into play.

How compensation is calculated (in outline)

Compensation in death cases follows a structured method laid down by the Supreme Court in Sarla Verma v. DTC (2009) and refined in National Insurance Co. v. Pranay Sethi (2017):

1. Income: the deceased’s monthly income, after tax.
2. Future prospects: added to income by age and job type. For a permanent job: 50% if below 40, 30% from 40 to 50, 15% from 50 to 60. For self-employed or fixed salary: 40%, 25% and 10% for the same age bands.
3. Deduction for personal expenses: a fraction of income, depending on the number of dependants and whether the deceased was married (Sarla Verma guidance).
4. Multiplier: chosen from the Sarla Verma table by the deceased’s age. Annual dependency loss × multiplier = loss of dependency.
5. Conventional heads: loss of estate ₹15,000, loss of consortium ₹40,000, funeral expenses ₹15,000 (as fixed in 2017), enhanced by 10% every three years.

Injury cases include medical expenses, loss of earnings during treatment, future loss of earning capacity based on functional disability, pain and suffering, and attendant charges.

Hit and run, and no-fault claims

In a hit-and-run case, where the vehicle cannot be traced, compensation is paid under section 161 and the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022: ₹2 lakh for death and ₹50,000 for grievous hurt. In S. Rajaseekaran v. Union of India (2024), the Supreme Court directed that police inform victims about the scheme and send the accident report to the Claims Enquiry Officer within a month; if no claim follows, the District Legal Services Authority should help.

Under section 164, a claimant can take fixed compensation of ₹5 lakh for death and ₹2.5 lakh for grievous hurt without proving fault. But accepting it ends the regular claim under section 166, so compare carefully before choosing.

Good Samaritans

Section 134A protects any person who, in good faith, voluntarily and without expecting reward, gives emergency help at the scene or takes the victim to hospital. Such a person is not liable for any civil or criminal action for injury or death of the victim caused by their negligence while helping. The Central Government has made rules on how Good Samaritans may be questioned and on keeping their personal details confidential.

Example: On the Lucknow to Kanpur highway, a truck hits Ramesh’s motorcycle. Pooja, driving behind, takes him to a hospital. She is protected by section 134A for helping. Ramesh gets cashless treatment for the first week, his family checks the FIR and insurer, and they file a MACT claim in the fourth month, well within six months.

Frequently asked questions

What is the time limit to file a MACT claim?

Six months from the date of the accident, under section 166(3), for accidents on or after 1 April 2022.

Can I claim if the vehicle fled?

Yes. Hit-and-run compensation of ₹2 lakh for death and ₹50,000 for grievous hurt is payable under section 161.

Do I need a lawyer for MACT?

It helps, because calculation and evidence matter. Free legal aid is available through NALSA (15100).

Will the hospital ask me to pay before treating an accident victim?

Under the cashless scheme, eligible victims get treatment up to ₹1.5 lakh for 7 days at designated hospitals, and other hospitals must stabilise the patient.

Can a passer-by who helped get into legal trouble?

Section 134A and the rules made under it protect Good Samaritans and regulate how they are examined. Helping a victim does not make you liable for the accident.

Quick quiz

Learn your rights on the road and in insurance claims in Certificate Course in Everyday Law for Every Indian.

Sources

• Motor Vehicles Act, 1988 (as amended in 2019), sections 134A, 161, 164, 164B and 166
• Central Motor Vehicles Rules, 1989, rule 150A (inserted 2022)
• Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022
• Cashless Treatment of Road Accident Victims Scheme, 2025 (MoRTH) and PM RAHAT scheme, 2026
• Sarla Verma v. Delhi Transport Corporation, Supreme Court, 2009
• National Insurance Co. Ltd. v. Pranay Sethi, Supreme Court, 2017
• Gohar Mohammed v. U.P. State Road Transport Corporation, Supreme Court, 2022
• S. Rajaseekaran v. Union of India, Supreme Court, 2024

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

A working woman in India gets up to 26 weeks of paid maternity benefit for her first two children, and 12 weeks from the third child onwards, under section 60 of the Code on Social Security, 2020, which replaced the Maternity Benefit Act, 1961 from 21 November 2025. She must have actually worked at least 80 days in the 12 months before the expected delivery. Adoptive and commissioning mothers get 12 weeks from the date the child is handed over. Her employer cannot dismiss or discharge her during maternity leave (s.68), and establishments with 50 or more employees must provide a creche (s.67).

What the Code gives you

The Maternity Benefit Act, 1961 was repealed when the four Labour Codes took effect on 21 November 2025. Its scheme now sits in Chapter VI of the Code on Social Security, 2020. The core entitlements were carried over.

1. Paid leave at your average daily wage. 26 weeks if you have fewer than two surviving children; 12 weeks if you have two or more.
2. Medical bonus. ₹3,500, or any higher amount the Central Government notifies, where the employer does not provide free pre-natal and post-natal care (s.64).
3. Nursing breaks. Two breaks a day until the child is 15 months old (s.66).
4. Creche. Every establishment with 50 or more employees must have a creche, alone or as a common facility; the mother may visit four times a day, including rest intervals (s.67(1)).
5. Work from home. After the leave, if the nature of work allows, the employer may let you work from home on mutually agreed terms (s.60(5)). This is by agreement, not an automatic right.
6. Written information. The employer must tell every woman about these benefits in writing and electronically at the time of initial appointment (s.67(2)).

Who is eligible

Chapter VI applies to every factory, mine and plantation (including government ones), and to every shop or establishment in which 10 or more employees are or were employed on any day in the preceding 12 months. The government can extend it to other establishments.

You must have actually worked at least 80 days in the 12 months immediately before your expected date of delivery. Days of lay-off and paid holidays during that period count. The test is days worked, not total length of service, so a woman who joined 5 months ago and has worked 100 days already qualifies.

Contract, probation and fixed-term status does not by itself take away the benefit. In Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare (2023), the Supreme Court held that a contractual employee could claim maternity benefit running beyond the end date of her contract.

If you are insured under the Employees’ State Insurance scheme, ask HR and your ESI branch office whether your benefit is paid by the employer or through ESI, and keep that answer in writing.

Adoptive and commissioning mothers

Section 60(4) gives 12 weeks’ maternity benefit to a woman who legally adopts a child, and to a commissioning mother (in surrogacy), from the date the child is handed over. The original text limited adoption benefit to a child below three months. On 17 March 2026, in Hamsaanandini Nanduri v. Union of India, the Supreme Court struck down that age limit as unconstitutional. An adoptive mother of a two-year-old can now claim the 12 weeks.

Protection from dismissal

Section 68 makes it unlawful to discharge or dismiss a woman during or on account of her maternity absence, or to give her a notice that expires during that absence, or to vary her service conditions to her disadvantage. Even if she is dismissed during pregnancy, she does not lose the maternity benefit or medical bonus, except where dismissal is for gross misconduct as prescribed. A woman deprived of benefit or dismissed can appeal to the competent authority within 60 days.

Example: Neha, a marketing executive at a Pune firm with 40 staff, informs HR of her pregnancy in March. In June, a week into her leave, she gets an email “restructuring your role out”. That termination is hit by section 68. She should reply in writing, preserve the email, and approach the Inspector-cum-Facilitator or send a legal notice.

Step-by-step: claiming your maternity benefit

1. Give written notice to your employer of the date from which you will be absent. Remember that for the 26-week entitlement, not more than 8 weeks can be taken before the expected delivery.
2. Attach proof of pregnancy or delivery, such as a doctor’s certificate, as your employer’s rules require.
3. Keep copies of every email and HR acknowledgement.
4. If refused, complain to the Inspector-cum-Facilitator under the Code, or raise it on the Ministry of Labour’s Samadhan portal (samadhan.labour.gov.in), and consider a legal notice.

Common mistakes

• Resigning under pressure before leave starts. Once you resign, the dismissal protection is harder to use.
• Accepting “leave without pay” when you qualify for paid benefit.
• Not counting days worked correctly. It is 80 days actually worked, not 80 days of employment.
• Assuming work from home is a right. It is by mutual agreement.

Frequently asked questions

Is maternity leave 26 weeks for every child?

No. 26 weeks applies if you have fewer than two surviving children. From the third child, it is 12 weeks.

Do I need one year of service?

No. You need to have actually worked at least 80 days in the 12 months before the expected delivery date.

Can a private company refuse maternity leave to a probationer?

If the establishment is covered and you meet the 80-day test, probation does not take away the benefit.

What is the medical bonus?

₹3,500 or such amount as the Central Government notifies, payable where the employer does not provide free pre-natal and post-natal care (s.64).

Is a creche compulsory for a small office?

The creche duty applies to establishments with 50 or more employees.

Quick quiz

For a full, practical module on work rights, see Certificate Course in Everyday Law for Every Indian.

Sources

• Code on Social Security, 2020, Chapter VI (sections 59 to 72), including sections 60, 64, 66, 67 and 68, and the First Schedule
• Social Security (Central) Rules, 2026
• Hamsaanandini Nanduri v. Union of India, Supreme Court, 17 March 2026
• Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare, Supreme Court, 2023

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

In India you can register a marriage in two main ways. A Hindu, Buddhist, Jain or Sikh couple already married by ceremony registers it under section 8 of the Hindu Marriage Act, 1955, following the state’s registration rules. Any couple, of any religion, can marry and register under the Special Marriage Act, 1954 by giving notice to the Marriage Officer of a district where one of them has lived for at least 30 days; after a 30-day objection period, the marriage is solemnised before three witnesses and a certificate is entered. In Seema v. Ashwani Kumar (2006), the Supreme Court directed that marriages of all citizens be made compulsorily registrable.

Route 1: Registration under the Hindu Marriage Act

Section 8 of the Hindu Marriage Act, 1955 lets states make rules for registering Hindu marriages to make proof easier. The marriage is valid because of the ceremony (for example saptapadi), not because of registration. Registration is the evidence.

Each state has its own rules, forms, office and fee. Many states now accept online applications through the stamps and registration department portal, followed by a visit to the Sub-Registrar or Registrar of Marriages with both spouses and witnesses. Fees and late fees vary by state, so check your state portal.

The same Act also covers Buddhists, Jains and Sikhs. Muslim, Christian and Parsi marriages follow their own personal and statutory laws, though state compulsory registration laws may also apply to them.

Route 2: Special Marriage Act, step by step

1. Check eligibility (s.4). Neither party has a living spouse; both can give valid consent; the man is at least 21 and the woman at least 18; the parties are not within prohibited degrees unless custom permits.
2. Give notice (s.5). Both parties give written notice in the prescribed form to the Marriage Officer of a district where at least one of them has lived for at least 30 days immediately before the notice.
3. Publication (s.6). The Marriage Officer enters the notice in the Marriage Notice Book, open to public inspection, and displays a copy in the office. If a party permanently resides elsewhere, a copy goes to that district’s Marriage Officer.
4. 30-day objection period (s.7). Anyone may object within 30 days, but only on the ground that a condition in section 4 is not met. If an objection is raised, the officer must inquire and decide within 30 days, and an appeal lies to the district court within 30 days of refusal (s.8).
5. Declaration and solemnisation (ss.11 and 12). The parties and three witnesses sign a declaration before the Marriage Officer. Each party says, in a language both understand, that they take the other as lawful spouse.
6. Certificate (s.13). The officer enters a certificate in the Marriage Certificate Book, signed by the parties and three witnesses. It is conclusive evidence of the marriage.

If the marriage is not solemnised within three calendar months of the notice, the notice lapses and a fresh notice is needed (s.14).

A couple already married in another form, for instance by religious ceremony, can also register under section 16 of the Special Marriage Act, after a 30-day public notice, if they meet the conditions in section 15.

Privacy and the public notice

Couples, especially inter-faith couples, often worry about the 30-day public notice. In Safiya Sultana v. State of U.P. (2021), the Allahabad High Court held that publication of the notice is optional in Uttar Pradesh: the couple may ask in writing that it not be published, and the Marriage Officer must then proceed without publication, while verifying identity, age and consent. If you face threats, you can also approach the police and the High Court for protection.

Documents usually needed

• Application form (state portal or SMA form), signed by both parties
• Proof of age: birth certificate, school leaving certificate, passport or similar
• Proof of address and residence in the district (for SMA, 30 days)
• Recent photographs of both parties, and for Hindu Marriage Act registration often a wedding photograph and the invitation card
• Affidavits on age, marital status, nationality and not being within prohibited degrees, as the state requires
• For a divorced person: the divorce decree; for a widow or widower: the spouse’s death certificate
• Identity proof of the witnesses

Requirements differ by state, so download the checklist from your state’s registration portal before you go.

Why the certificate matters

In Seema v. Ashwani Kumar (2006), the Supreme Court said that registration of marriages is a strong safeguard against child marriage, denial of marriage, bigamy and disputes about maintenance, and directed states and the Centre to make it compulsory. Several states have done so through their own laws or rules.

In practice, you will need the certificate for:

• changing your surname or adding a spouse’s name in a passport application;
• spouse and dependant visas;
• bank accounts, nominations and insurance claims;
• maintenance, divorce, succession and pension matters.

Example: Riya and Arjun married in a temple in Jaipur in 2023 but never registered. When Arjun got a job abroad, the consulate asked for a marriage certificate. They registered under the Hindu Marriage Act with photographs, the invitation card and witnesses. Had they registered in the first month, it would have saved weeks.

Frequently asked questions

Is a marriage invalid if not registered?

Under the Hindu Marriage Act, a valid ceremony makes the marriage valid; registration is proof. Failing to register under a state’s compulsory registration law may attract a penalty under that law, but does not by itself invalidate the marriage.

Can a Hindu and a Muslim marry under the Hindu Marriage Act?

No. An inter-faith couple who wish to keep their religions should marry under the Special Marriage Act.

How long does Special Marriage Act registration take?

At least 30 days after the notice is published, because of the objection period, and it must be completed within three months of the notice.

How many witnesses are needed under the Special Marriage Act?

Three.

What is the fee?

Fees are fixed by each state and change from time to time. Check your state portal.

Quick quiz

To understand family law and your everyday rights, see Certificate Course in Everyday Law for Every Indian.

Sources

• Hindu Marriage Act, 1955, section 8
• Special Marriage Act, 1954, sections 4 to 8 and 11 to 16
• Seema v. Ashwani Kumar, Supreme Court, 2006
• Safiya Sultana v. State of U.P., Allahabad High Court, 2021

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

Pending traffic challans can often be settled at a National Lok Adalat, which legal services authorities hold several times a year. First check your challans on echallan.parivahan.gov.in. Then register and download a token or appointment through the online process your state notifies before each Lok Adalat. Minor, compoundable offences are usually taken up. Serious ones such as drunk driving, hit and run, or causing death by negligent driving are generally kept out. If a challan is wrong, you can contest it before the virtual court through vcourts.gov.in instead of paying.

How traffic challans reach a court

Most challans today are e-challans generated on the eChallan system and sent to you by SMS. You can pay many of them online. If a challan stays unpaid, it can be forwarded to a court for disposal, often a virtual court set up under the eCourts project. Virtual courts deal with traffic challans online: the case is shown with the proposed fine, and you can either pay or choose to contest.

A National Lok Adalat gives another route. Legal services authorities, under the Legal Services Authorities Act, 1987, refer pending compoundable challans to the Lok Adalat so they can be closed in bulk on a single day. Whether a fine is reduced, and by how much, is for the Lok Adalat bench to decide in each case. No fixed discount is guaranteed.

Step by step: settling challans at a National Lok Adalat

1. Check pending challans. On echallan.parivahan.gov.in, search by challan number, vehicle number or driving licence number. Note each challan number, date, offence and whether it is shown as sent to court.
2. Watch for the Lok Adalat date. NALSA and state legal services authorities announce National Lok Adalat dates in advance. Traffic police and state legal services websites then publish their own notice for challans.
3. Register online and get a token. Many states, such as Delhi, require online registration and a downloaded token or appointment letter that names the court, date and time. Walk-ins are often not accepted. Follow your state’s notice exactly.
4. Attend on the day. Carry the token, a printout of the challan, your driving licence, the vehicle’s registration certificate and identity proof. Go to the bench named on the token.
5. Settle and keep proof. Pay whatever the bench settles on and keep the receipt or order. Check the eChallan portal after some days to confirm the challan shows as disposed.

What can and cannot be settled

Section 19(5) of the Legal Services Authorities Act bars a Lok Adalat from dealing with any offence that is not compoundable. State notices for traffic challans therefore usually limit the Lok Adalat to minor violations. Lists differ by state and by sitting, but commonly:

• Usually taken up: riding without a helmet, not wearing a seat belt, jumping a red light, wrong parking, over-speeding, no valid PUC certificate, missing or improper number plate, ignoring traffic signs, and challans issued in error.
• Usually excluded: drunk driving, hit and run, causing death by negligent driving, driving by a minor, unauthorised racing, vehicles used in a crime, challans of another state, and challans already pending before a regular court.

Always check your own state’s list for that particular Lok Adalat. If your challan is excluded, it will be dealt with by the regular or virtual court.

Contesting a wrong challan before the virtual court

You do not have to pay a challan you believe is wrong. If it has been sent to a virtual court:

1. Open vcourts.gov.in and choose the court for your state or the department that issued the challan.
2. Search by challan number, vehicle number, mobile number or CNR number.
3. Open the case. You will see the offence and the proposed fine, with options to pay or to contest.
4. Choose contest, add a short remark on why the challan is wrong, and submit. Save the acknowledgement.
5. The case then goes to the regular court for hearing. The online payment option will no longer apply, so attend on the date given with your evidence, such as photos, a dashcam clip, or proof that the vehicle was elsewhere.

Example: Vikram in Delhi finds three challans on the eChallan portal: two for parking and one for a red light he says his car never crossed, because it was at a service centre that day. He registers for the National Lok Adalat for the parking challans and settles them on the day. For the red light challan he chooses “contest” on vcourts.gov.in, keeping the service centre’s job card as proof.

Frequently asked questions

Will the Lok Adalat waive my challan completely?

Possibly, but it is not guaranteed. The bench decides each case. Many challans are settled at a reduced amount; some are closed.

Can I settle a drunk driving challan at a Lok Adalat?

Generally no. State notices typically exclude drunk driving and other serious offences.

Do I need to register in advance?

In most states that run traffic challan benches, yes. Delhi, for example, requires an online token and appointment.

Can I appeal a Lok Adalat settlement later?

No. A Lok Adalat award is final and no appeal lies under Section 21. Settle only if you accept the terms.

My challan is from another state. Can I settle it in my city?

Usually not. Challans are dealt with by the courts of the state that issued them.

Quick quiz

Learn traffic law, Lok Adalats and everyday legal remedies in the Certificate Course in Everyday Law for Every Indian (₹349).

Sources

• Motor Vehicles Act, 1988, as amended in 2019
• Legal Services Authorities Act, 1987: Sections 19, 20 and 21
• eChallan system of the Ministry of Road Transport and Highways (NIC): echallan.parivahan.gov.in
• eCourts Virtual Courts: vcourts.gov.in
• State legal services authority and traffic police notices for National Lok Adalats

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

Under RBI’s rules, recovery agents cannot call you before 8 am or after 7 pm. They cannot threaten or abuse you, shame you in public, or harass your family, friends or referees. If an agent does any of this, complain in writing to the lender’s grievance officer. If the lender does not resolve it within 30 days, go to the RBI Ombudsman at cms.rbi.org.in. Threats of injury or of ruining your reputation can also be reported to the police as criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita, 2023. Missing an EMI is a civil default. It does not take away your right to dignity.

What RBI’s rules say about recovery agents

RBI does not stop a bank or NBFC from recovering its money. It controls how it is done. Two sets of instructions matter today.

• The August 2022 circular on regulated entities employing recovery agents applies to banks, NBFCs and other entities regulated by RBI. It bars intimidation or harassment “of any kind, either verbal or physical”. It bars calls before 8:00 a.m. and after 7:00 p.m., persistent calls, threatening or anonymous calls, false or misleading representations, and inappropriate messages on mobile or social media. It also bars acts meant to publicly humiliate or intrude on the privacy of the borrower’s family members, referees and friends. RBI said breaches “will be viewed seriously”.
• The 2008 guidelines for banks require the bank to give you the recovery agency’s details. The agent must carry a copy of the bank’s notice, the authorisation letter and an identity card. Banks must have a grievance mechanism for recovery complaints. Banks should not hand a case to an agency while your grievance about it is still pending, unless they have proof that you keep filing frivolous complaints.

Microfinance loans have their own RBI directions and are outside the 2022 circular.

New rules coming from 1 January 2027

On 6 August 2026 RBI issued amendment directions for banks, co-operative banks, NBFCs, housing finance companies and all-India financial institutions, applying from 1 January 2027. They keep the 8:00 to 19:00 window and add more: notice of the recovery agency’s details at least one day before the first visit in person, recording of recovery calls kept for six months, and the grievance officer’s name, email, phone number and address on every recovery communication. Until then, the 2022 and 2008 instructions guide your complaint.

Step by step: what to do when agents harass you

1. Collect proof. Save call logs with times, message screenshots, and names of anyone who visited. Ask any visiting agent for the identity card and authorisation letter, and note the agency’s name.
2. Write to the lender’s grievance officer. Email or write to the grievance redressal officer named on the lender’s website. State the loan account number, dates and times of calls, what was said, and ask for action against the agency. Keep the complaint number.
3. Wait 30 days, then go to the RBI Ombudsman. If the lender rejects your complaint, does not reply in 30 days, or replies unsatisfactorily, file free at cms.rbi.org.in under RB-IOS 2026. File within 90 days after the lender’s reply period ends or its last reply, whichever is later. See our RBI Ombudsman guide.
4. Go to the police for threats. If an agent threatens injury, threatens to harm your reputation, or abuses you to provoke you, give a written complaint at the police station. Criminal intimidation is punishable under Section 351 of the BNS: up to two years under Section 351(2), up to seven years where the threat is of death or grievous hurt under Section 351(3), and an extra term of up to two years under Section 351(4) where the threat comes anonymously. Intentional insult to provoke a breach of peace is Section 352. If the police refuse to register an FIR, see what to do when police refuse an FIR.

Illegal loan apps: a different problem

Many harassment cases come from apps that are not linked to any RBI-regulated lender at all. Such apps often grab your contacts and photos and then send shaming messages to your relatives.

• Check before you borrow. RBI now publishes on its website a list of digital lending apps reported by regulated entities. If the app is not linked to a bank or registered NBFC, avoid it.
• Report the app. RBI’s Sachet portal, sachet.rbi.org.in, takes complaints about unauthorised entities. RBI has also asked people to report such apps and the bank accounts linked to them to law enforcement.
• Report the crime. Call 1930 or file on cybercrime.gov.in, especially if money was taken by fraud or your photos or contacts are being misused. See cyber fraud: what to do in the first hour.

Defaulting does not take away your dignity

A loan default is a civil matter. The lender can sue or use the lawful recovery routes open to it. It cannot use fear. Your right to live with dignity under Article 21 does not end because an EMI bounced. Harassment does not cancel the debt either, so complain about the conduct and, separately, discuss repayment with the lender in writing.

Example: Arjun in Indore misses three EMIs. An agent calls him at 10 pm, then calls his sister and manager calling him a fraud. Arjun emails the NBFC’s grievance officer with screenshots, and when there is no reply in 30 days, files with the RBI Ombudsman.

Frequently asked questions

Can a recovery agent call my parents or my office?

RBI bars acts that publicly humiliate or intrude on the privacy of your family, referees and friends, and bars harassment of any kind. Calls meant to shame you before relatives or colleagues are exactly what the rules forbid.

Will a complaint stop the lender from recovering the loan?

No. A complaint is about the method, not the debt. The lender can still recover through lawful means.

Can I complain to the RBI Ombudsman directly?

No. You must first complain to the lender. The Ombudsman route opens after a rejection, no reply in 30 days, or an unsatisfactory reply.

Quick quiz

Learn bank complaints, RBI remedies and your rights against harassment in the Certificate Course in Everyday Law for Every Indian (₹349).

Sources

• RBI circular RBI/2022-23/108 dated 12 August 2022: Outsourcing of Financial Services, responsibilities of regulated entities employing recovery agents
• RBI guidelines on recovery agents engaged by banks, 24 April 2008
• RBI Responsible Business Conduct amendment directions dated 6 August 2026 (effective 1 January 2027)
• Reserve Bank Integrated Ombudsman Scheme, 2026
• Bharatiya Nyaya Sanhita, 2023: Sections 351 and 352
• Bharatiya Nagarik Suraksha Sanhita, 2023: Section 173
• RBI press release of 23 December 2020 cautioning against unauthorised digital lending platforms; RBI press release on the digital lending apps directory (2025)
• Constitution of India: Article 21

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

If your insurance claim is rejected, first file a written grievance with the insurer. Under IRDAI’s 2024 master circular, the insurer must acknowledge it immediately and resolve it within 14 days, giving reasons if it says no. If that fails, you can escalate on IRDAI’s Bima Bharosa portal and then go to the Insurance Ombudsman. The Ombudsman is free and handles claims up to ₹50 lakh, and you must approach it within one year of the rejection. You can go to the consumer commission on e-Jagriti instead, within two years.

Step by step: what to do after a rejection

1. Get the rejection in writing. Ask for the repudiation letter with the exact clause relied on. “Policy terms” is not a reason. You need the clause number.
2. Read the clause against your policy schedule. Check waiting periods, exclusions, sub-limits, and what you disclosed in the proposal form.
3. File a written grievance with the insurer. Use the grievance email or portal, not just the call centre. Explain why the rejection is wrong, attach documents, and keep the complaint number. Under the 2024 master circular the insurer must acknowledge the grievance immediately and send a final reply within 14 days, giving reasons if it rejects the grievance.
4. Escalate on Bima Bharosa. If the insurer does not resolve it, register a complaint on IRDAI’s Bima Bharosa portal. IRDAI forwards it to the insurer and tracks the reply.
5. Go to the Insurance Ombudsman. File online at cioins.co.in, or by post or email, at the office with jurisdiction. You must have complained to the insurer first, and the same matter must not be pending before a court, consumer commission or arbitrator.
6. Or go to the consumer commission. If your claim is above ₹50 lakh, or you want a full adjudication, file a consumer complaint on e-Jagriti. See our e-Jagriti guide.

The Insurance Ombudsman in detail

The Ombudsman works under the Insurance Ombudsman Rules, 2017. It handles complaints against life, general and health insurers, and the 2021 amendment widened it to cover deficiency in service and brought brokers and other intermediaries within its reach. The key conditions:

• Prior complaint to the insurer. If the insurer rejects it, does not reply within 30 days, or you are not satisfied, you can approach the Ombudsman.
• One year. Approach within one year of the rejection, repudiation or partial settlement of the claim.
• ₹50 lakh. The value of the claim, including expenses, must not exceed ₹50 lakh.
• No fee. The Council for Insurance Ombudsmen states that no fee is charged.
• Award compliance. Under the 2024 master circular, an insurer must comply with an Ombudsman award within 30 days. If it does not, it pays the complainant ₹5,000 for every day of delay.

The government published draft amendments to the Ombudsman Rules in November 2025, including an appellate authority and changes to the ₹50 lakh cap. As on 29 October 2026 we could not confirm that they have been notified, so the 2017 Rules as amended in 2021 apply.

Health insurance: rules you should quote

IRDAI’s 2024 master circular on health insurance gives policyholders strong points to rely on:

• Cashless authorisation requests must be decided immediately, and within one hour.
• Final authorisation for discharge must be given within three hours of the hospital’s request. Extra charges caused by delay beyond that are to be borne by the insurer.
• No claim can be rejected without the approval of the insurer’s claims review committee.
• Policyholders need not submit documents for claim settlement; the insurer or TPA must collect them from the hospital.
• After 60 continuous months of cover (the moratorium period), a policy or claim cannot be contested for non-disclosure or misrepresentation, except on established fraud.
• Non-cashless (reimbursement) claims are to be settled within 15 days of submission of the claim.

If a claim is not settled in the required time, the 2024 circular entitles you to interest at 2% above the bank rate from intimation to payment.

Common mistakes

• Going to the Ombudsman without first writing to the insurer. The complaint will not be entertained.
• Waiting too long. One year from rejection for the Ombudsman. Two years from the cause of action for the consumer commission.
• Running two forums at once. If the matter is before a consumer commission or court, the Ombudsman will not take it.
• Arguing in general terms. Quote the policy clause and the IRDAI rule. Attach discharge summary, bills and the proposal form.

Example: Sunita in Nagpur is refused a ₹2.4 lakh hospitalisation claim for “non-disclosure of diabetes”. Her policy has run for over five years. She writes to the insurer citing the moratorium rule, gets no satisfactory reply in 14 days, escalates on Bima Bharosa, and then files with the Insurance Ombudsman at cioins.co.in, well within a year of the rejection.

Frequently asked questions

Is the Insurance Ombudsman free?

Yes. No fee is charged for filing a complaint.

My claim is ₹70 lakh. Can I go to the Ombudsman?

No. The limit is ₹50 lakh including expenses. File before the State Consumer Commission on e-Jagriti, since the consumer forum jurisdiction depends on the consideration paid.

Is the Ombudsman’s decision binding on the insurer?

Under the 2024 master circular, the insurer must comply with the award within 30 days of receiving it, unless it challenges the award within that time. Delay costs the insurer ₹5,000 per day, payable to the complainant.

What is Bima Bharosa?

It is IRDAI’s online grievance portal. IRDAI forwards your complaint to the insurer and monitors the response.

Can a legal heir complain about a rejected death claim?

Yes. A complaint can be filed by the policyholder, claimant, legal heir or assignee.

Quick quiz

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Sources

• Insurance Ombudsman Rules, 2017, as amended in 2021
• IRDAI Master Circular on Protection of Policyholders’ Interests, 2024 (5 September 2024)
• IRDAI Master Circular on Health Insurance Business, 2024 (May 2024)
• Consumer Protection Act, 2019: Section 69 (limitation); Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021
• Insurance Act, 1938

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

Free legal aid is a right in India. Article 39A of the Constitution requires the State to make sure no one is denied justice for lack of money. Section 12 of the Legal Services Authorities Act, 1987 lists who qualifies: women and children, SC and ST members, persons in custody, persons with disabilities, victims of trafficking, industrial workmen, disaster victims, and people below the income limit their state has notified. You can apply at your District Legal Services Authority (DLSA), online through the NALSA website, or by calling the NALSA helpline 15100.

Who can get free legal aid (Section 12)

• A member of a Scheduled Caste or Scheduled Tribe.
• A victim of trafficking in human beings or begar, as referred to in Article 23.
• A woman or a child.
• A person with a mental illness or other disability.
• A person in undeserved want, such as a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster.
• An industrial workman.
• A person in custody, including custody in a protective home, juvenile home, or psychiatric hospital or nursing home.
• A person whose annual income is below the limit notified by the state government, or by the Central Government for cases in the Supreme Court.

Note that women and children qualify whatever their income. So do persons in custody. Income limits matter only for people who do not fall in any other category. NALSA’s eligibility page lists the limit for every state and union territory: ₹3,00,000 a year for Uttar Pradesh, Delhi and Maharashtra, for example, and lower figures in some states. Check your state’s current figure before applying.

How to apply

1. Visit the DLSA. Every district court complex has a District Legal Services Authority office, often called the front office. Taluk or sub-division level committees work in smaller towns. You can apply in writing on the prescribed form, or orally, in which case a staff member or paralegal volunteer records your request.
2. Apply online. Use the Legal Aid Application link on the NALSA website or your State Legal Services Authority website. The application goes to the authority concerned.
3. Call 15100. NALSA’s helpline gives legal advice and guides you to the right legal services office.
4. Give basic papers. Your identity, a short note of the problem, any court papers, and an income affidavit if you apply on the income ground.
5. Get a decision. Under the NALSA (Free and Competent Legal Services) Regulations, 2010, the application must be decided immediately and within seven days. Aid can be advice, drafting, or a panel lawyer to appear for you in court, free of cost.

Free lawyers in criminal cases: the Legal Aid Defense Counsel System

NALSA has set up the Legal Aid Defense Counsel System, which works like a public defender’s office. Dedicated lawyers are attached to the DLSA and handle the defence of eligible accused persons from the stage of arrest and remand through trial and appeal. As on 30 September 2025, 668 districts had a functional office, according to a government statement.

If you or a family member is arrested, ask for a legal aid lawyer at the police station or in front of the Magistrate. Persons in custody are eligible under Section 12. See rights of an arrested person under BNSS.

Lok Adalats and Permanent Lok Adalats

Legal services authorities also organise Lok Adalats under Sections 19 to 22 of the Act.

• What they handle (s.19): cases pending in court and disputes not yet filed. They cannot deal with an offence that is not compoundable under any law.
• How a case reaches them (s.20): a court refers a pending case when the parties agree, or on one party’s application if settlement looks possible. A pre-litigation dispute can be referred on one party’s application after hearing the other side.
• Effect of the award (s.21): the award is treated as a decree of a civil court. It is final and binding on all parties, and no appeal lies against it. When a pending case is settled, the court fee paid is refunded.
• Permanent Lok Adalats (ss.22A to 22E): set up under Section 22B for public utility services such as transport, postal and telephone services, electricity, water, sanitation, hospitals and insurance. If the parties do not settle, the Permanent Lok Adalat can decide the dispute on merits, so long as it does not involve a non-compoundable offence. Its pecuniary limit is ₹1 crore after the 2015 notification. Its award is final and binding.

Example: Lakshmi, a domestic worker in Pune, is being evicted without notice. As a woman she qualifies for free legal aid whatever her income. She calls 15100, is guided to the Pune DLSA, and a panel lawyer is assigned to reply to the notice and appear for her.

Frequently asked questions

Is legal aid only for poor people?

No. Women, children, SC and ST members, persons in custody, persons with disabilities and other Section 12 categories qualify regardless of income.

Can I choose my own lawyer under legal aid?

Legal aid lawyers are assigned from the authority’s panel. You can raise concerns about the lawyer with the legal services authority.

Can I appeal a Lok Adalat award?

No. Section 21 makes the award final and binding with no appeal. Settle only on terms you accept.

What does a Permanent Lok Adalat do differently?

It deals with public utility services, and can decide the dispute on merits if conciliation fails. Its limit is ₹1 crore.

What is 15100?

NALSA’s national legal aid helpline. It gives advice and connects you with the legal services authority for your area.

Quick quiz

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Sources

• Constitution of India: Articles 39A and 23
• Legal Services Authorities Act, 1987: Sections 12, 13, 19, 20, 21, 22, 22A to 22E
• National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010: Regulation 7
• Central Government notification of 20 March 2015 raising the Permanent Lok Adalat limit to ₹1 crore
• NALSA Legal Aid Defense Counsel Scheme, 2022
• NALSA eligibility page (state-wise income limits)

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