INDEX

S. No. Title of FAQs Page No.

1. New Criminal Laws, 2024 1
Related FAQs
2. Myth Vs Truth (New 6
Criminal Laws, 2024)
Related FAQs
3. Crime Related FAQs 10
4. FIR / NC / Complaint / 13
Cognizance Related FAQs
5. Arrest / Bail Related FAQs 15
6. POCSO Related FAQs 17
7. Motor Vehicle Act, 1988 24
(Amended 2019) Related
FAQs
8. Inner Line Permit 29
Chungchang FAQs

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New Criminal Laws, 2024 Related FAQs
1. How is the new BNS is different from IPC for crimes against the State
“DESHDROH”?

While IPC Section 124A deals with acts “against the Government,” BNS Section
152 shifts the focus to actions endangering the “sovereignty, unity, and
integrity of India.” Colonial interests replaced by needs of the democratic
interests in Swatantra Bharat (Independent India). Criticism of the Government
policies and actions are not punished under the new law. The requirement of
‘intent’ in law further raises the threshold for applicability of the provision.

2. What is the punishment if I am the First-Time Offender?

Multiple considerations have been introduced through several sections for

first-time offenders including:

▪ Introducing non-custodial punishment such as community service, and

counselling for eligible individuals, fostering personal growth and
societal reintegration through the legal framework.
▪ First-time offenders are to be given relaxed punishment (one-fourth and
one-sixth of stipulated punishment) in plea bargaining.
▪ First time under-trial offender is given statutory bail after completion of
one-third period of the maximum punishment prescribed.

3. Has Mob-Lynching been defined in New Criminal Laws? What is the

punishment for it?

Section 103(2) of BNS addresses offence related to mob lynching, stating that
when a group of five or more persons acting in concert commits murder on the
grounds of race, caste or community, sex, place of birth, language, personal
belief or any other similar ground, each member of such group shall be
punished with death or with imprisonment for life as stipulated under
‘Punishment for Murder’, and shall also be liable to a fine as deemed
appropriate.

4. How the New Criminal Laws does cracks down on Organized crimes?

Dedicated sections (Sec 111 &112) have been introduced in Bharatiya Nyaya
Sanhita (BNS) 2023 to combat organized crime, ensuring no room for unlawful
activities orchestrated by syndicates, which pose a grave threat to the internal
security of the country.

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5. What is Community Service in the New Criminal Laws?

The introduction of community service for minor offences marks a

groundbreaking approach in India’s legal system. Minor Offences include:

▪ Involvement of public servants in illegal trade.

▪ Non-appearance in response to a proclamation.
▪ Attempt to commit suicide to influence legal authority.
▪ First conviction of petty theft involving property valued below ₹5,000.
▪ Public misconduct by a drunken person.
▪ Defamation

Community service can be awarded for the benefit of various groups in need,
including children, the elderly, people with disabilities, and language learners.
Additionally, it can be used to provide help to animals in shelters or can
contribute to the improvement of public places such as local parks, historic
sites, scenic areas, and more.

6. How does the BNS deals with the menace of Snatching?

Section 304 has marked snatching as a distinct crime with up to 3 years of

imprisonment and a fine as decided by the court.

7. How is Technology incorporated in BNSS?

▪ Section 105 of BNSS 2023 introduces procedures for videography of

search and seizure, including preparing lists of seized items and witness
signatures. The records are presented immediately before magistrates
to ensure transparency in evidence collection and discouraging
fabrication of evidence.
▪ The new laws retain provisions for mandatory videography of police
statements and audio-video recordings for vulnerable victims with
physical or mental disabilities.

8. How will the New Criminal Laws prevent Over-crowding in jails?

▪ First-time offenders who have never been convicted of any offence in the
past, can now be released on bail after serving one-third of the
prescribed maximum sentence.
▪ The responsibility of applying for bail now rests with the Jail
Superintendent of the prison where the accused is lodged.

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9. How does the New criminal Laws promote Victim-Centric Approach?

▪ The institutionalization of Zero-FIRs and the introduction of e-FIRs

enhance accessibility, allowing victims to report crime anywhere
irrespective of the crime location.
▪ It grants victims the authority to obtain a free copy of the FIR. The law
also provides obligatory measures to keep victims informed about the
progress of investigations within 90 days.
▪ It also incorporates provisions dedicated to providing victims with
crucial information at various stages of investigation and trial.

10. If I am a witness to a crime, how does the new law ensure my safety?

Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 mandates every State

Government under Section 398 to prepare and notify a Witness Protection
Scheme (WPS) to shield witnesses from threats and intimidation.

11. How does the New Criminal Laws uphold the safety of Women and
Children?

▪ Stringent Punishment for Offenders: Enhanced punishment for offenders

involved in heinous acts against women and children.
▪ Victim-centric Approach: New provisions ensure victims are heard
before withdrawal of any case, thus recognizing them as stakeholders in
the legal process.
▪ Section 95 of BNS penalises the exploitation of children, punishing those
who hire/engage/ employ children for criminal activities.
▪ Gender Neutrality and e-FIR: Various offences against woman and child
have been made gender neutral in terms of both the victim and the
perpetrator.

12. How will the BNSS help in faster settlement of case properties?

▪ Preparation of Statement: The process begins with preparation of a

statement by the Magistrate describing the property.
▪ Photography/Videography: The process followed with the thorough
documentation of the case property through photographs and videos.
▪ Admissible Evidence: These records become admissible evidence in
legal proceedings, strengthening your case.
▪ Swift Decision: The court or magistrate takes prompt action within 30
days for the disposition of the case property.

13. What is the punishment for Acid-Attack?

“Acid” includes any substance which has acidic or corrosive character or

burning nature that is capable of causing bodily injury. Punishment with
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 imprisonment of either description for a term which shall not be less than 10
years but which may extend to imprisonment for life, and with fine.

14. How does the New Criminal Laws deal with Human-Trafficking?

BNS 2023 has a victim-centric approach to women and child trafficking. It has
been made a part of organized crime which includes trafficking of a person or
human trafficking for prostitution or ransom.

▪ The act of buying a child for prostitution has been dealt with enhanced
punishment with mandatory minimum punishment of 7 years extendable
to 14 years.
▪ The offence of importation of persons from foreign country is made
gender-neutral. It covers the importation of both boys under 18 years
and girls under 21 years for the purpose of forced or seduced sexual
exploitation.
▪ Beggary has been added in the expression ‘exploitation’ for the purpose
of human trafficking.

15. What are the procedural safeguards for women while making an arrest?

▪ While making an arrest of a woman, the police officer cannot touch her
arrest unless the police officer is a female.
▪ No arrest after sunset and before sunrise.
▪ Whenever it is necessary to cause a female to be searched, the same
shall be done by another female.
▪ Medical examination of a female is to be examined it has to be done only
by or under the supervision of a female registered medical practitioner.
▪ Statements of a woman is to be recorded by a woman magistrate, and in
her absence, by a male magistrate in the presence of a woman.
▪ Statements of a woman is to be recorded by a woman magistrate, and in
her absence, by a male magistrate in the presence of a woman.
▪ Immediate treatment of women victims, free of cost.

16. What is the punishment for Gang-Rape of a minor?

Section 70(2) of BNS provides death penalty for gang rape of woman under 18
years of age.

17. Can the trial be conducted by the Judicial magistrate in absence of the
accused?

Yes, Section 356 of the BNSS mandates the court to proceed with the trial and
also pronounce the judgement in absentia when a person declared as a
proclaimed offender has absconded to evade trial, and there is no immediate
prospect of arresting him.
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18. Is there any time-line for declaring a judgement?

Yes, Criminal court have to declare judgments within 45 days post the trial's
conclusion.

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MYTH VS TRUTH (NEW CRIMINAL LAWS, 2024)
Related FAQs
Myth ×

The new criminal laws threaten individual freedom and aim to establish a police
state.

Truth 🗸

➢ Safeguards against misuse: The new laws incorporate safeguards to prevent

misuse of power, emphasising accountability and transparency in law
enforcement actions, instilling confidence in the justice system.
➢ Transparency and accountability: The new provision for audio-video
recording of search and seizure operations ensures transparency, fostering
police accountability and safeguarding individual rights.
➢ Accessibility and convenience: Introduction of e-FIR provision enhances
accessibility, allows individuals to lodge complaints from anywhere, thereby
reducing barriers and ensuring timely legal remedies.
➢ Preserving personal liberty: The provisions requiring unnecessary arrests
have been removed. The denial of bail only on the ground of extended police
custody beyond first 15 days is not allowed.
➢ Jurisdictional flexibility: Provision of Zero FIR eliminates jurisdictional
constraints, enabling individuals to file complaints at any police station,
thereby expediting the legal process and improving citizen-friendliness.
➢ Oversight mechanisms and accountability: Strict oversight mechanisms,
including mandatory recording of arrests and of evidence collection, act as
preventive measures against potential police excesses, ensuring adherence to
legal procedures and protection of citizens.
➢ Protection of fundamental rights: The laws prioritise the protection of
fundamental rights, including the right to free speech and to assemble
peacfully allaying concerns of arbitrary suppression of dissent.

Myth ×

The new criminal laws are mere repackaging of existing draconian provisions.

Truth 🗸

The new laws enshrine the concept of justice embedded in our Constitution to
improve the criminal justice system of the country. While the old laws were British
legacies which were introduced by the colonial masters to enforce and strengthen
their rule in India, the new laws are citizen centric, victim centric and sensitive to
offences against women and children, introducing new offences, such as ‘deshdroh’,

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terrorist acts, mob lynchings, organised crimes, petty organised crimes, snatchings,
etc.

➢ Repeal of sedition: The colonial legacy related to the sedition section in the
IPC has been removed in the Bharatiya Nyaya Sanhita (BNS) 2023. The repeal
of erstwhile Section 124A (sedition) is a positive step, addressing concerns of
misuse against dissenters and critics of the Government.

Gender-neutral provisions

➢ The new laws incorporate gender-neutral language, promoting inclusivity and

equality in the legal framework.
➢ Mental health terminology: Replacing the term ‘insanity’, ‘lunatic’ and ‘idiot’
with ‘unsound mind’ and ‘mental retardation’ with ‘intellectual disability’ in the
legal language demonstrates a more modern and sensitive approach to mental
health.
➢ Time-bound prosecution for civil servants: Providing time-bound approval
for prosecuting erring civil servants ensures a more efficient legal process,
fostering accountability and preventing undue delays in addressing allegations
of misconduct.
➢ Community service for criminal defamation: Shifting from imprisonment to
community service for criminal defamation aligns with modern approaches to
justice, emphasising rehabilitation and societal contribution over punitive
measures.

Myth ×

The extension of police custody from 15 to 90 days in the new criminal laws is a
shocking provision that will enable police torture.

Truth 🗸

Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 lays down the
procedure when investigation is not completed within 24-hours.

The period of police custody is restricted to 15 days like before. Under BNSS, police
custody may be taken in parts or in whole within a period of 40/60 days out of the total
period of 60/90 days as applicable.

The court’s discretion in granting police custody is retained as earlier.

Further, police custody beyond the first 15 days shall not be an impediment to grant
bail to the accused, if he is otherwise eligible for bail.

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Myth ×

Sedition is gone, but appears as “Deshdroh” in Bharatiya Nyaya Sanhita (BNS)

2023.

Truth 🗸

The colonial legacy related to the sedition section in the IPC has been removed in the
Bharatiya Nyaya Sanhita (BNS) 2023. The new laws enshrine the concept of justice
embedded in our Constitution to improve the criminal justice system of the country.
The old laws were British legacies which were introduced by the colonial masters to
enforce and strengthen their colonial administration in India.

➢ Clarity in definitions (BNS Section 152): Bharatiya Nyaya Sanhita (BNS) 2023
brings clarity by explicitly defining “deshdroh” as actions endangering the
“sovereignty, unity, and integrity of India.” This replaces colonial-era language
with terminologies more aligned with the democratic interests and identifies
such acts as a crime against the country, not the Government.
➢ Expanding scope for comprehensive protection (BNS Section 152): Unlike
IPC Section 124A, Bharatiya Nyaya Sanhita (BNS) 2023 Section 152 goes beyond
criminalising expressions causing hatred towards the Government. It punishes
acts such as armed rebellion, subversive activities, and separatist activities,
thus providing a comprehensive approach to protect the nation’s integrity.
➢ Inclusion of democratic values: Bharatiya Nyaya Sanhita (BNS) 2023
introduces the element of ‘intent’ in the definition of treason, allowing for a
more nuanced understanding. This inclusion safeguards freedom of speech
and expression by distinguishing between deliberate threats to the nation and
genuine expressions of opinion.

Myth ×

Harsh punishment of 10 years of imprisonment with ₹10 lakh fine in hit-and-run cases
under the Bharatiya Nyaya Sanhita (BNS)2023.

Truth 🗸

To enhance road safety and justice for victims, the new laws introduces intensified
penalties to curb the rising incidents of hit-and-run accidents under section 106(1),
106(2) of the Bharatiya Nyaya Sanhita (BNS) 2023.

The law provides gradation of punishment in hit and run cases. The amount of fine
being ₹10 lakh is completely false. The enhanced punishment of 10 years is for those
who escapes without reporting the hit-and-run case. The offence is still bailable,
triable by the Magistrate Court under section 106(1).

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The Ministry of Home Affairs, Government of India, has taken note of the concerns
raised by truckers regarding the provision of 10 years imprisonment and fines under
Section 106 (2) of the Bharatiya Nyaya Sanhita (BNS) 2023.

Following detailed discussions with representatives of the All India Motor Transport
Congress, it has been clarified that these new laws and provisions have not been
implemented yet. The decision to invoke Section 106(2) will only be taken after
consultation with the All India Motor Transport Congress.

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Crime Related FAQs
1. What is cognizable Offence?

As per Bharatiya Nagarik Suraksha Sanhita, the offences are divided into two
categories; one Cognizable (Section 2(1)(g)) and the other Non-cognizable
(Section 2(1)(o)). Police is empowered to register the FIR and investigate only the
cognizable offences. Police can arrest an accused involved in cognizable crime
without the warrant from the Court.

2. What is Non-cognizable Offence?

The category of offences as per BNSS in which Police can neither register the FIR
nor can investigate or effect arrest without the express permission or directions
from the court are known as Non-cognizable offences (Section 2(1)(o)). These
mostly include minor offences such as abusing each other, minor scuffles without
injuries etc.

3. What is First Information Report (FIR)?

As per Section 173 of BNSS, report pertaining to occurrence of a cognizable offence,

received at the Police Station is called First Information Report (FIR), popularly
known as FIR.

4. What to do if the Police Station refuses to register the FIR?

As per Section 173(4) of BNSS, if the Police Station refuses to register FIR, substance
of the information in writing can be sent by post to the SP of the concerned district.
He, if satisfied that the information discloses the commission of a cognizable
offence, shall get the FIR registered and investigated.

5. What the Police Station does with a complaint pertaining to Non-cognizable

offence?

As per Section 174 of BNSS, Police Station is required to record an abstract of such
complaint in the General Diary and advise the complainant to file the complaint in
the concerned court as police is not empowered to initiate action in such matters
without the directions of the court. A copy of the entry made in the General Diary
may be provided to the complainant free of cost.

6. Is the complainant entitled to a free copy of the FIR?

Yes, definitely. As per BNSS Section 173(2) it is mandatory on the part of police to
provide a copy of the FIR, free of cost to the complainant or the victim.

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7. Are any kind of fee or charges to be paid for getting the injured medically
examined or for putting up challan in the court?

No, the entire investigation of the case, including the medical examination of the
injured and submitting challan in the court, is part of Government duty for which
no charges are levied by the govt. If any demand for money is made at any stage
of investigation, a complaint should immediately be made to the senior police
officers.

8. What is a Bailable offence?

In bailable offences (Section 2(1)(c) of BNSS), the accused can claim bail as a matter
of right. Police is supposed to release such an accused on bail if he is prepared to
give bail at any time while he is in the custody of a Police Officer.

9. What is a Non-Bailable offence?

In non-bailable offences (Section 2(1)(c) of BNSS), the accused is not entitled to bail
as a matter of right. Police invariably does not take bail in such cases and only the
Court grants bail. The list of bailable and non-bailable offences is given in the first
schedule of the BNSS.

10. Can Police call someone for investigation even if granted anticipatory bail by
the court?

Yes, certainly. The court only forbids the arrest but does not prevent police from
calling the accused for investigation. Intact, invariably it is one of the conditions of
the anticipatory bail that the accused shall make himself available for investigation
as and when required by the investigating officer. Refusal to do so may entitle the
investigating officer to move the court for cancellation of anticipatory bail. In case
the investigating officer finds that a criminal case is made out against an accused
granted anticipatory bail by the court, he will not arrest him but will release him on
bail, even if the offence is Non-Bailable.

11. Is it an offence to register/lodge false FIR?

Yes. Lodging of a false FIR/complaint is punishable under BNS. Such an informant /

complainant can be proceeded against under section 217 of BNS or under section
248 of BNS by the police. Private person against whom false FIR/complaint has been
lodged can also file complaint in the court for the offence of defamation.

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12. Why Police does not remove encroachments from public lands when
complained about it?

Police is not empowered to remove encroachments from public lands under any
law. The job of the police is to provide police assistance for maintaining law and
order when sought by such agencies.

13. What is preventive arrest?

Police is empowered to arrest a person when it is satisfied that doing so is essential

in order to prevent occurrence of a cognizable offence example Sec 126/170 of
BNSS. Police can also make preventive arrests under special Laws.

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FIR / NC / Complaint / Cognizance Related FAQs
1. What is an F.I.R.?

F.I.R. means First Information Report, made to police, about commission of a

cognizable offence, In effect, it amounts to putting law in to motion by giving
information relating to the commission of a cognizable offence to an officer in
charge of a police station, (which shall be reduced into writing and read over to the
informant) and shall be signed by the person giving such information. It is
mandatory to give a copy of the first information report (as recorded by police) to
the complainant or informant free of cost.

2. How do I lodge F.I.R.?

The informant/ complainant can lodge his complaint at any/nearest police station
irrespective of the jurisdiction (Zero- FIR) and report to officer in-charge/ station
house officer about commission of a cognizable offence. In case information is given
on telephone, the informant / complainant should subsequently go to the police
station within 3 days of giving the complaint for registration of F.I.R.

3. What is a cognizable case or What is cognizable offence?

A cognizable case means a case in which a police officer may, in accordance with
the First Schedule of BNSS, 2024, or under any other law for the time being in force,
arrest without warrant.

4. What is the meaning of the term ‘taking cognizance’?

The term ‘taking cognizance’ has not been defined in Bharatiya Nagarik Suraksha
Sanhita. When any Magistrate takes cognizance under Section 210 (1) of BNSS., he
must not only have applied his mind to the contents of the petition, but he must have
done so for the purpose of proceeding in a particular way as per procedure
prescribed in the BNSS., and there after sending the complaint for further enquiry.
A magistrate can also order investigations under section 175(3) of BNSS.

5. What is a Non cognizable offence?

Non cognizable offence means in which a police officer has no authority to arrest
without warrant.

6. How do I lodge a NC complaint?

Information about such offences is to be given in a similar manner as explained

under F.I.R.. The officer in-charge would reduce the complaint in writing (about
commission of Non cognizable offence) and give a copy thereof to the complainant

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 free of cost. No police officer can investigate a non-cognizable case unless he
obtains prior permission of a Magistrate having power to try such case.

7. What is meant by a ‘complaint’?

Complaint means any allegation made orally or in writing to a Magistrate, with a

view to his taking action under the BNSS, that some person (whether known or
unknown), has committed an offence.

8. What is meant by public place?

Public place includes (and means) the foreshore, the precincts of every public
building or monument, and all place accessible to the public for drawing water,
washing or bathing or for the purpose of recreation. { B.P.Act 1951, sec 2(13) }

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Arrest / Bail Related FAQs
1. What is an 'Arrest"?

Arrest means the taking, seizing, or detaining of the person of another, either by
touching, or putting hands on him, or by any act which indicates an intention to take
him into custody, and subjects the person arrested to the actual control and will of
the person making the arrest. Chapter V and Section 35 to 62 of BNSS 2024, deals
with Arrest of Persons.

o As per section 35 (1) of BNSS, any police officer may, without an order from a
Magistrate and without a warrant, arrest any person,

▪ who has been concerned in any cognizable offence, or a reasonable

complaint has been made, or credible information has been received or a
reasonable suspicion exists; or
▪ who has in his possession of any implement of house breaking; or
▪ who has been proclaimed as an offender or
▪ in whose possession anything is found which may reasonably be suspected
to be stolen property; or
▪ who obstructs a police officer while in the execution of his lawful duty, or
who has escaped, or attempts to escape, from lawful custody;
▪ Reasonably suspected of being a deserter from any of the Armed Forces.

o As per Section 39 of BNSS., any person who, in the presence of a police officer,
has committed or has been accused of committing a non-cognizable offence,
refuses on demand of such officer to give his name and residence, can be
arrested.
o As per Section 47 of BNSS, person arrested without warrant has to be informed
about the grounds of his arrest and about his entitlement regarding bail.
o As per Section 51 of BNSS, when a person is arrested and if there are reasonable
grounds for believing that an examination of his person will afford evidence as
to the commission of an offence, it shall be lawful for a registered medical
practitioner, acting at the request of a police officer not below the rank of sub-
inspector (and for any person acting in good faith in his aid and his direction),
to make such an examination of a person arrested as is reasonably necessary,
and to use such force as is reasonably necessary for that purpose.
o When a person of a female is to be examined under this section, the examination
shall be made only by, or under the supervision of, a female registered medical
practitioner.
As per Section 57 of BNSS, A police officer making an arrest without warrant
shall, without unnecessary delay and subject to the provisions herein contained

15
 as to bail, take or send the person arrested before a Magistrate having
jurisdiction in the case or before the officer in-charge of a police station.
o As per Section 58 of BNSS, No police officer shall detain in custody a person
arrested without warrant for a longer period than under all the circumstances of
the case is reasonable, and such period shall not, in the absence of a special
order of a Magistrate under section 187 of BNSS, exceed 24 hours exclusive of
the time necessary for the journey from the place of arrest to the Magistrate's
Court.
o As per Section 170 of BNSS., a person can also be arrested to prevent
commission of cognizable offences.

2. What is meant by "Bailable / Non-bailable offences"?

1. Under the BNSS (first schedule), offences have been classified as ‘bailable’ and
‘non-bailable’ offences.
2. In the case of bailable offences, it is binding upon the investigating officer to
grant bail. However, in case of a non-bailable offence, the police cannot grant
bail and bail can be granted by a Judicial Magistrate/Judge only.
3. In the case of a non-bailable offence, the Investigating Officer must produce the
accused before the Judicial Magistrate / Judge concerned within 24 hours of his
arrest. At that time, the accused has a right to apply for bail.

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POCSO Related FAQs
Children, being the most vulnerable section of the society, are more susceptible to
physical, sexual and psychological abuse. The Government of India has taken a
significant initiative to address the issue of sexual offences against children by
enacting a special law “The Protection of Children from Sexual Offences Act, 2012
(POCSO Act, 2012)” which provides for stringent punishment to perpetrators.

1. What are the objectives of enacting Protection of Children from Sexual

Offences (POCSO) Act, 2012?

The objectives of enacting the POCSO Act, 2012 are to protect the children from
various types of sexual offences and to establish Special Court for providing
speedy disposal of cases.

2. Who is defined as a child under POCSO Act, 2012?

POCSO Act defines child as any person below 18 years of age. (Section 2)

3. What are the various types of sexual offences under POCSO Act, 2012?

There are five types of sexual offences against children under POCSO Act. These
are: penetrative sexual assault; aggravated penetrative sexual assault; sexual
assault; aggravated sexual assault; and sexual harassment; (Sections 3, 5, 7, 9 &
11)

4. Whether abetment of an offence or an attempt to commit an offence is

punishable?

Yes. Abetment of an offence or an attempt to commit an offence is also punishable

under the Act. (Section 16)

5. Whether a person repeatedly or constantly follows or watches or contacts a

child either directly or through electronic, digital or any other means is
sexual harassment?

Yes. Repeated or constantly follows or watches or contacts a child either directly

or through electronic, digital or any other means is sexual harassment and is
punishable under POCSO Act (Section 11).

6. Whether using a child for pornographic purposes is punishable?

Yes. Using a child for pornographic purposes such as representation of the sexual
organ of a child, usage of a child engaged in real or stimulated sexual acts, the

17
 indecent or obscene representation of a child is an offence under POCSO Act and
is punishable (Section 13).

7. What punishments can be inflicted for the commission or abetment of

commission of sexual offences?

i. Penetrative Sexual Assault: Imprisonment of seven years extendable to life

imprisonment and fine (Section 4).

ii. Aggravated Penetrative Sexual Assault: Rigorous imprisonment of ten years

extendable to life imprisonment and fine (Section 6).

iii. Sexual Assault: Imprisonment of three years extendable to five years and fine
(Section 8).

iv. Aggravated Sexual Assault: Imprisonment of five years extendable to seven

years and fine (Section 10).

v. Sexual Harassment: Imprisonment up to three years and fine (Section 12).

8. Is sexual offence against a boy covered under the POCSO Act?

Yes, sexual offence against a boy also covered under POCSO Act. The Act does
not distinguish between boy and girl.

9. What is CWC?

Child Welfare Committee (CWC), a statutory body under Juvenile Justice (Care
and Protection of Children) Act, 2000, is a competent authority to deal with
children in need of care and protection (CNCP) and provide for their proper care,
treatment, protection, development and rehabilitation.

10. What is a SJPU?

Special Juvenile Police Unit (SJPU) is a statutory body under the Juvenile Justice
(Care and Protection of Children) Act, 2000 as amended in 2006 consisting of a
Juvenile or Child Welfare Officer not below the rank of a Police Inspector and two
Social Workers one of whom shall be a woman, who has experience in working
with children.

11. What is the role of CWC under POCSO Rule?

The CWC upon receipt of a report from the SJPU or the Local Police regarding
sexual offence against a child shall act in accordance with the powers given under
the JJ Act, 2000 as amended in 2006.

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 i. To determine within three days as to whether a child should be taken out of the
custody of his family or shared household and placed in a children's home or
shelter home.

ii. Take into account the opinion or preference of the child along with the best
interests of the child while making this determination.

iii. Provide a support person to assist the child during the investigation and trial of
the case with the consent of the child or the child's parent/guardian/other person
in whom the child has trust or confidence.

12. Who has been assigned the responsibility of the monitoring of

implementation of the POCSO Act?

The responsibility of monitoring the implementation of the POCSO Act has been
assigned to the National Commission for Protection of Child Rights (NCPCR) at the
national level and the State Commission for Protection of Child Rights (SCPCR) at
the State Levels, constituted respectively under section 3 and section 17 of the
Commissions for Protection of Child Rights Act, 2005 (Section 44 ).

13. What is Special Court?

A Special Court is a court to be set up under section 28 of the POCSO Act for
providing speedy trial and to try the case in a child friendly atmosphere. To try
the offences under POCSO Act, the State Government shall in consultation with the
Chief Justice of the High Court designate for each district a Court of Session to be
a Special Court (Section 28).

14. What are the roles of Special Court under POCSO Act during the trial?

During the trial the Special Court must take the following measures:

i. Create a child friendly atmosphere by allowing a family member, a guardian, a

friend or a relative in whom the child has trust and confidence, to be present.

ii. Permits frequent breaks for the child.

iii. The child is not called repeatedly in the court to testify.

iv. Aggressive questioning and character assassination of the child are not
permitted.

v. The dignity of the child is maintained.

vi. The identity of the child is not disclosed (Section 33).

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15. What procedure the Special Court will follow during trials of cases?

The Special Court shall try cases in camera in the presence of parents of the child
or any other person in who the child has trust or confidence (Section 37).

16. Whether the Special Court can award compensation to the victims?

Yes, the Special Court may award compensation to the victim on its own motion or
on an application filed by or on behalf of the victim. The Special Court may also
pass an order for interim compensation to meet the immediate needs of the child
for relief or rehabilitation (Rule 7).

17. Who shall pay the compensation and within what times the compensation to
be paid?

The State Government shall pay the compensation to the victim, within 30 days
from the receipt of such order, from the Victims Compensation Fund or any other
scheme or fund established by the State Government (Rule 7).

18. If there is an apprehension of commission of an offence under POCSO Act, to

whom the matter is to be informed?

If there is any apprehension of the commission of an offence under the POCSO

Act, the same may be informed either to the SJPU or Local Police (Section 19).

19. Who can provide information or make complaint?

Any person including the child can inform or make a complaint if there is an
apprehension of commission of offence under POCSO Act.

20. What are the responsibilities of SJPU/Local police if the commission or the
apprehension of the commission of an offence is informed?

In such case the SJPU or Local Police shall record such information in writing and
shall make an entry in the book to be kept by the police. Such information shall
also be read over to the informant.

If a child gives such information the same shall be recorded in a simple language
understandable to the child (Section 19).

21. What will the SJPU/Local Police do if it is satisfied that the child against
whom the offence has been committed is in need of care and protection?

In such case SJPU or the Local Police, shall produce the child before the concerned
Child Welfare Committee within 24 hours of receipt of report (Rule 4).

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22. Whether there is an obligation on the part of the media, hotel, lodge, hospital
and club personnel to report to SJPU or Local Police?

Yes, the media/hotel/lodge/hospital/club personnel have an obligation to report

to the SJPU or Local Police if she/he/they come across any material or object which
is sexually exploitative of the child (Section 20).

23. Whether a person shall be punished if she/he fails to report the matter to the
SJPU or Local Police?

Yes, the POCSO Act, 2012 provides for a punishment for failure to inform the SJPU
or Local Police or record a case if she/he/they come across any material or object
which is sexually exploitative of the child. Punishment for such failure is either
imprisonment up to six months or with fine or both (Section 21).

24. Is there any punishment for making false complaint or providing false
information against any person?

Yes. If a person makes a false complaint or provides false information against any
other person, she/he shall be punished with imprisonment up to six months or
with fine or with both (Section 22).

25. Whether the statement of the child can be recorded in the police station?

No. Under no circumstances the statement of a child can be recorded in the police
station.

26. Where shall the statement of the child be recorded?

The statement of the child shall be recorded at his residence or at a place of his
choice or at such other place where he ordinarily resides, as far as possible, by a
woman' officer not below the rank of a sub inspector. While recording the
statement of the child, the police officer shall not be in uniform (Section 24).

27. Can the Magistrate record the statement of the child in the absence of any
other person?

No, the Magistrate shall not record the statement of the child in the absence of any
other person.

28. How can the statement of the child be recorded by the Magistrate?

The Magistrate shall record the statement of the child in the presence of his/her
parents or any other person in whom the child has a trust or confidence. The
Magistrate may take the assistance of a qualified and experienced interpreter or
translator (Section 25).
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29. If the victim is a girl child, whether a male doctor can conduct medical
examination of the victim?

No. If the victim is a girl child, a male doctor shall not conduct medical examination
of the victim. Such medical examination shall be conducted by a lady doctor in the
presence of her parents or any person in whom the child has trust or confidence
(Section 27).

30. Is there any time limit for completion of trial in the Special Court?

Yes. The Special Court shall complete the trial within a period of one year from
the date of taking cognizance of the offence (Section 35).

31. Is there any special provision for recording of statement of a child who has
mental or physical disability?

Yes. The POCSO Act provides for the special provision for recording of evidence
of a child who has mental or physical disability. The Magistrate may take the
assistance of a special educator or a person familiar with the manner of
communication of the child (Section 26).

32. Whether the child has the right to take the assistance of a legal practitioner?

Yes, the child has a right to take the assistance of a legal practitioner. If the parents
or guardian of the child is unable to afford a legal counsel, the Legal Services
Authority shall provide a lawyer (Section 40).

33. Who has been given the responsibility of making public awareness
regarding the provisions of the Act?

The Central and State Governments have been given the responsibility of making
public awareness regarding the provisions of the Act through television, radio,
print media etc (Section 43).

34. Whether the media has been barred from disclosing the identity of the
victim?

Yes. The POCSO Act has barred the media from disclosing the identity of the
victim including his/her name, address, family details, photograph, school,
neighborhood etc (Section 23).

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35. Is there any punishment for disclosing the identity of a victim without the
permission of the Special Court?

Yes. If a person discloses the identity of a child, she/he shall be punished with
imprisonment up to six months extendable to one year or with fine or with both
(Section 23).

36. Whether medical examination of a victim can be conducted without

registering the complaint/FIR?

Yes. The medical examination of a victim can be conducted even if the complaint
or FIR has not been registered. The medical examination shall be conducted as
per section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2024.

37. Whether same procedure will be followed if a child commits any offence
under this Act?

No. If a child commits an offence under the POCSO Act she/he shall be punished
under the Juvenile Justice (Care and Protection of Children) Act 2000 as Amended
in 2006.

38. Is there any time period for recording the evidence of a child in the Special
Court?

Yes. The Special Court shall record the evidence of a child within a period of thirty
days from the date of taking cognizance of such offence. If a delay is made in
recording evidence, such delay shall be recorded in writing (Section 35).

39. On whom the burden of proof lies in the Special Court?

The burden of proof lies with the person against whom a complaint regarding
sexual offence is made (Section 29).

40. Against whom a complaint can be made under POCSO Act?

A complaint can be made against a person who commits or like to commit offences
under POCSO Act.

23
Motor Vehicle Act, 1988 (Amended 2019) Related
FAQs
1. What do you understand by seizure of your vehicle documents?

This is the process of recording a prima-facie offence by the enforcement

agencies for violations of the Motor Vehicle Act and the rules made there under.
Seizure List is a document prepared by the enforcement agency for this purpose.

2. Under what circumstances case may be lodged against your vehicle?

Enforcement wing deploys its teams for checking compliance of legal provisions
by the vehicle owners / drivers in terms of the Motor Vehicle Act, 1988 and the
Rules made there under. You may be stopped by one of these teams. You may be
asked to produce the following documents:

1. Driving License.

2. Registration Certificate.

3. Insurance certificate.

4. Pollution under control certificate.

5. Permits (for commercial vehicles only).

6. Certificate of fitness (for commercial vehicles only).

7. Road Tax Receipt.

8. Any other related document.

If you are not carrying the above-mentioned documents or found violating any of
the Rules / Regulations, a case may be registered against you and your documents
and even the vehicle may also be seized depending upon the violation of sections
of the M V Act 1988, The Central Motor Vehicles Rules, 1989, the West Bengal
Motor Vehicle Rules 1989, The West Bengal Motor Vehicles Tax Act, 1979 and The
West Bengal Additional Tax & One-time Tax on Motor Vehicles Act, 1989.

3. Can your vehicle be seized by the enforcement wing?

Yes. Seizure of vehicle means impounding of a vehicle by the enforcement

agencies for offences committed under the Motor Vehicle Act and rules made
there under and also for non-payment of taxes. The seized vehicle is released only
after all the government dues and custodial fees, if any, are paid.
24
4. What happens when a case is lodged against your vehicle?

Seizure list will be issued to you containing some of the following details:

▪ The authority before which you are required to appear.

▪ Date by which to appear.
▪ Prima facie details of offences committed.
▪ Name and address of offender.
▪ Signature of the seizing officer.
▪ Details of documents retained.
▪ Time and place of occurrence, etc.

5. How can you get the case disposed of?

You have two options:

a. BY COMPOUNDING

By appearing and applying in writing before the compounding authority and

depositing the notified amount.

b. IN THE COURT

You have the choice for disposal in the Court having jurisdiction.

6. How will you get your impounded documents released?

i. From the court, if the case is to be disposed of in the court.

ii. From Compounding Authority / I. O., when the case is compounded.

7. How will you get your impounded vehicle released?

After payment of the fines you will be given a vehicle release order and you will
have to approach the custodian with that and pay the custodial fees, wherever
necessary, to secure release of the seized vehicle.

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Some major Motor Vehicle Offences

OFFENCE IN BRIEF VIOLATION PENAL

Without Driving License: Driver s. 3 s. 181

Without Driving License: Owner s. 5 s. 180

Without Registration s. 39 s. 192

Without Certificate of Fitness s. 56 s. 192

Without Permit s. 66 s. 192A

Violation Speed Limit s. 112 s. 184

Overloading of vehicles s. 113 s. 194

Restriction of use of certain vehicles in certain areas s. 115 s. 177

Non compliance of Traffic Signs s. 119 s. 177

Carry more than 1 pillion for 2 wheelers s. 128 s. 177

Driving Without Helmets s. 129 / wbr 297 s. 177

Without Insurance s. 146 s. 196

Disobedience of orders, etc. x s. 179

Driving at excessive speed x s. 183

Driving dangerously x s. 184

Driving when drunk or drugged x s. 185

Driving when unfit to drive either mentally or

x s. 186
physically

Racing or trials of speed on public road x s. 189

Improper display of Registration number cr 50 s. 177

Improper size of letters & numerals of registration

cr 51 s. 177
number

Auto Emission (Pollution Control norms) cr 115 s. 190(2)

Without payment of Tax s. 3 s. 18(7)

26
The new MV Act, 2019 brought significant changes to the original MV Act, 1988 with
higher penalties for many of the offences. Below is a table showcasing the differences
in penalties in the old and new MV Act.

Old fine as per

VIOLATION New fine as per MV Act, 2019
MV Act, 1988

Rs. 5,000 as penalty and/or community

Riding or driving without a DL Rs. 500
service

Riding or driving without vehicle First offence: Rs. 5,000 - Second

-
registration offence: Rs. 10,000

First offence: Rs. 10,000 and/or

Riding or driving when imprisonment of 6 months - Second
Rs. 2,000
intoxicated offence: Rs. 15,000 and/or
imprisonment of 2 years

First offence: Rs. 5,000 and/or

imprisonment of 3 months - Second
Racing or speeding offence: Rs. 10,000 and/or Rs. 500
imprisonment up to 1 year or
community service

Light Motor Vehicle (LMV): Rs. 2,000 -

Medium/Heavy Passenger Vehicle: Rs.
Overspeeding Rs. 400
2,000 to Rs. 4,000 along with licence
seizure

First offence: Rs. 2,000 and/or

imprisonment of 3 months and/or
Riding or driving without
community service - Second offence: Rs. 1,000
insurance
Rs. 4,000 and/or imprisonment of 3
months and/or community service

Not wearing a seatbelt while Rs. 1,000 and the possibility of

Rs. 100
driving community service

Rs. 1,000 and/or licence

Not wearing a helmet while
disqualification and the possibility of 3 Rs. 100
riding (rider and pillion)
months of community service

Road regulation violations Rs. 500 to Rs. 1,000 Rs. 100

Using a mobile phone while

Rs. 5,000 Rs. 1,000
riding or driving

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 First offence: Rs. 1,000 to Rs. 5,000
and/or imprisonment of 6 months to 12
months and the possibility of licence
Dangerous riding or driving Rs. 100 to Rs. 300
seizure - Second offence: Rs. 10,000
and/or imprisonment of 2 years and
the possibility of licence seizure

Rs. 2000, licence disqualification and

Overloading a two-wheeler the possibility of community service Rs. 100
for 3 months

Riding or driving even after Rs. 10,000 and the possibility of

Rs. 500
disqualification community service

Not obeying orders given by

Rs. 2,000 Rs. 500
authorities

Rs. 5,000 to Rs. 10,000 and the

Oversized vehicle -
possibility of community service

First offence: Rs. 2,000 - Second

Blowing horn in a silent zone -
offence: Rs. 4,000

Rs. 20,000 and Rs. 2,000 per extra Rs. 2,000 and Rs.
Overloading a heavy goods
tonne and the possibility of community 1,000 per extra
vehicle
service tonne

An enforcing authority Double the penalty (depends on the

-
committing an offence type of traffic violation)

Rs. 25,000 and/or imprisonment up to 3

years for vehicle owners or guardians.
Juvenile violations -
Juvenile can’t get a DL until the age of
25 years

Not letting emergency vehicles

Rs. 10,000, and the possibility of
pass, such as fire engines, Rs. 500
community service
ambulances, etc.

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Inner Line Permit Chungchang FAQs
1. ILP hi eng nge? Khawi state-ah nge hman a nih?

ILP chu Inner Line Permit tihna a ni a. Mizoram khua leh tui nihna nei lo, in leh lo
ram nei lo hnam dang (non-tribal/ non- Mizo indigenous resident) Mizoram
chhungah hnathawka a awm dawnin pek thin a ni. Entirnan, cement work, shop
helper, collecting Betelnut, WRC Work, etc. hnathawk tura Mizoram rawn luh tum
hnam dangin ILP hi an neih a ngai.

2. ILP nei turin fee pek ngai a awm em?

ILP nei turin heng fee hi pek a ngai. A rate hi kum 2020-a Mizoram sawrkar Home
Department tihchhuah a ni.

i. Application form fee Rs 150

ii. Temporary ILP (7 days validity) Rs 150

iii. Regular ILP (6 Months validity) Rs 2000

iv. 2 Years ILP validity Rs 20000

v. Temporary Stay Permit (30 days) Rs 200

vi. Security deposit at call for regular ILP Rs 2000

vii. Security deposit at call for 2 years ILP Rs 20000

3. Mizoram lut tur hnam dangin eng ILP nge neih ngai? Engtia dil tur nge?

Hnam dang (non-tribal/ non- Mizo) Mizoram lut tur chu Mizoram luh dawna Check
point, Kanhmun, Bairabi, Lengpui leh Vairengte-ah te a lo luh veleh ni 7 chhung
atan Temporary ILP a lak a ngai a, Mizoramah eng vang pawha a cham chhunzawm
duh a nih chuan hun tiam (7 days validity) ral hmain a awmna district-a DC Office
atangin Regular ILP a siam ngei tur a ni.

4. ILP dil nan eng document nge ngai?

ILP dil tura document ngai chu heng hi a ni:-

a. Voter ID Card Xerox Copy –1 (attested)

b. Passport Size Photo copy - 4

29
 c. Line Pass (Kanhmun/Bairabi/Vairengte/Lengpui Airport atanga pekchhuah)

Tin, sponsor-tu document - Voter ID Card xerox copy 1 (attested) leh Passport size
photo - 4 thehluh a ngai bawk.

5. Tunge ILP sponsor thei? Mi pakhatin mi engzatnge a sponsor theih? Fee pek
ngai engzat nge?

Hnam dang (non-tribal/ non- Mizo) te chu a chhawrtu tur dik tak khawtual mi(local
person) in a sponsor thei a, mi pakhatin mi sawm (10) thleng sponsor theih a ni. Fee
pek ngai zat chu Sl. No 2-ah tarlan a ni.

6. ILP hi engtianga rei nge a dam? Renew theih a ni em? Engtianga renew tur
nge?

ILP chi hrang hrang dam rei zawng hetiang hi a ni.

1. Temporary ILP ni 7 (sarih)

2. Regular ILP hi kum khat leh a chanve chhung a dam a, thlaruk ral hmain renew
theih a ni. Regular ILP 6 month validity hi tum hnih thlaruk danah renew theih a ni.

7. Hnam dang tute nge Mizoramah ILP nei lova khawsa thei?

Heng mite hi ILP nei lovin Mizoramah an khawsa thei:

a) Sawrkar hnathawk Officer.

b) Mizo District (Mizoram State ni ta) a khua leh tui/ indigenous.

c) Mizoram mi leh sa ni lo, Mizo pasal nei.

d) Security force mi leh sa, leh an chhungte Mizorama an thawh chhungin.

e) State leh Central sawrkara regular leh permanent-a thawkte bakah an chhungte
Mizorama an thawh chhungin.

f) State leh Central sawrkara thawk pension tawh, Mizoram mi leh sa nupui pasala
nei a, Mizorama cheng nghet bakah a chhungte.

g) Govt Advocate leh Defence panel a sawrkar advocate bakah an chhungte

Mizorama an thawh chhungin.

h) Sawrkar undertaking leh corporation a regular leh permanent-a thawk bakah an

chhungte, Mizorama an thawh chhungin

30
 i) Mimal leh group emaw, sawrkar undertaking-in sawrkar thil pawimawh bik ti tura
a sawm. Sponsor-tu department hian home Department atangin

Exemption Certificate an lak a ngai thung.

8. Mizoram hun rei lote chhung cham turin Temporary ILP a neih theih em?
Engtia dil tur nge? Fee engzatnge ngai?

Mizorama hun rei lote chhung cham turin Temporary ILP 7 Days Validity neih hi a
tawk a, hemi huam chin bak an cham chhunzawm zel dawn a nih chuan an awmna
District-a DC office-ah renew dil tur a ni. Hun rei lote chhung cham tur tan chuan
Mizoram an rawn luh tirha check point an paltlang remchang ber Office-ah
(Kanhmun /Bairabi/ Vairengte/Lengpui Airport) Temporary ILP lak tur a ni. Fee
ngai zat hi Rs150 a ni.

9. ILP Sponsor-tuin dan dik lo hmangin hnam dang sponsor se, a chungah eng
hremna nge lek theih?

ILP Sponsor-tu reng rengin BEFR Act, 1873, chu chu kum 1930 a siam that tak emaw,
dan ding lai a bawhchhiat emaw, ILP kaihhnawihah thudik lo( wrong information) a
hriattir emaw chuan hrem theih a ni a, hnam dang a sponsor mi pakhat zelah Rs 1000
atanga Rs 2000 thleng chawitir theih a ni.

10. Hnam dang a ILP thi tawh, Mizorama la khawsa zui zel awm se, a chungah
hremna lekkawh theih a ni em?

Eng vang pawha hnam dang (non-tribal/ non- Mizo) Mizoram chhungah a awm
chuan ILP nung/dam (Valid) a nei ngei ngei tur a ni a, chu chu a nei lo a nih chuan
man theih a ni a, Law & Judicial Department hriatpuina leh hmalaknain a awmna
nghet state-ah thawn haw tur a ni. Hemi atana/thawn hawna senso leh fine dang
zawng zawng pawh aman a chawi vek tur a ni.

31