Frequently Asked Questions

The Economic Offences Wing investigates complex or large-scale financial crimes, such as frauds affecting companies, investors, or many complainants. Whether it takes up a case usually depends on the amount and complexity of the alleged fraud, and an FIR is registered where the complaint discloses a cognisable offence. How the complaint is framed and documented often decides how it is pursued.

Yes, and the offence invoked matters, because cheating, criminal breach of trust and forgery each need different facts to be proved. Depending on the facts, the conduct may amount to cheating under Section 318 BNS, criminal breach of trust under Section 316 BNS, or forgery under Section 336 BNS. If the police do not register an FIR, the complainant may approach the Superintendent of Police under Section 173(4) BNSS and, if necessary, the jurisdictional Magistrate under Section 175(3) BNSS.

No. A director is not liable merely because of the office held, so what the complaint actually says about that director’s own role is usually decisive. Liability requires allegations of the director’s own role, or a special statute that expressly imposes liability on officers or directors.

At two main stages: before charges are framed in the trial court, and before the High Court where the proceedings are an abuse of process. After the chargesheet, a director may seek discharge before charges are framed: under Section 250 BNSS in a Sessions case, or Section 262 BNSS in a warrant case before a Magistrate. Where the proceedings are abusive or do not disclose an offence, the director may seek quashing under Section 528 BNSS in the High Court.

Not where the dispute is purely civil, but the line between a civil wrong and a crime often depends on how the facts are framed. A breach of contract or non-payment of money is ordinarily a civil matter, and the High Court can quash criminal proceedings used only to pressure recovery. A criminal case can run alongside a civil remedy where the facts show dishonest intention from the start (cheating, Section 318 BNS) or dishonest misappropriation of entrusted property (criminal breach of trust, Section 316 BNS). Whether the facts disclose such an offence decides the matter.

The difference lies in when the dishonesty began, and that timing often decides whether a charge survives. Cheating requires deception that dishonestly induces a person to deliver property or act in a certain way, and the dishonest intention generally exists at the time of the transaction. Criminal breach of trust requires that property was lawfully entrusted to the accused, who then dishonestly misappropriated it or used it in breach of the trust. The first turns on the intention at the start, the second on what happened to property already entrusted.

For most serious economic offences there is no time bar, and the limits that do exist apply to the court, not the police. Section 514 BNSS bars a court from taking cognizance after fixed periods only for offences punishable with fine alone (six months), imprisonment up to one year (one year), or imprisonment up to three years (three years). Offences punishable with more than three years have no such bar. The limitation is on cognizance by the court, not on registering an FIR, and the court may condone delay in some cases. Delay can still weaken the credibility of an allegation.

Respond to it, but carefully, because what is said at this stage can shape the entire case. Read the notice carefully for the provision under which it is issued, and whether you are called as a witness or as a suspect or accused. Appear on the date with the documents asked for, and seek legal advice before giving any statement. You cannot be compelled to give answers that incriminate you (Article 20(3) of the Constitution). Ignoring a notice can lead to coercive steps, so respond in time, even if only to seek a short extension in writing.

Sometimes, depending on the offence and the stage, and the route to closure differs for each. Only offences listed in Section 359 BNSS can be compounded, and some of those only with the court’s permission, for example cheating that dishonestly induces delivery of property (Section 318(4) BNS). For other offences, the High Court may quash proceedings on settlement where the dispute is essentially private or commercial in nature, but this is discretionary and depends on the seriousness of the offence.

It can be done, but the power used and the procedure followed matter, and a freeze that does not meet them can be challenged. Section 106 BNSS is a power of seizure for investigation and is not by itself a power to attach property. Where the police seek to secure alleged proceeds of crime, the route is generally Section 107 BNSS, which requires the prescribed approval and an order of the competent Magistrate, subject to notice and hearing safeguards. If an account is frozen without a lawful basis or without following the required procedure, the account holder may apply to the jurisdictional Magistrate for release or modification and may also approach the High Court under Section 528 BNSS. The application should identify the transaction, explain the legitimate source of funds, and attach bank and KYC records.

Anticipatory bail protects before arrest and regular bail secures release after it, and the right forum depends on the offence and the stage. Anticipatory bail is pre-arrest protection sought under Section 482 BNSS before the Sessions Court or High Court, where a person apprehends arrest for a non-bailable offence. Regular bail is sought after arrest or detention under Sections 480 and 483 BNSS; it may be sought before the Magistrate, Sessions Court, or High Court, as applicable.

No, but how the person responds to it can decide whether an arrest follows. A Section 35 BNSS notice is a notice to appear and cooperate with the investigation; it is not an arrest. If the person appears and continues to comply, arrest for that offence is generally barred unless the officer records reasons why arrest is necessary. The notice should be reviewed by a lawyer before appearance.

Within 24 hours. An arrested person must be produced before the nearest Magistrate within 24 hours of arrest, excluding travel time, under Article 22(2) of the Constitution and Section 58 BNSS. Detention beyond that period without a Magistrate’s order is unlawful.

When the FIR, read as it stands, does not make out an offence or the case is an abuse of process, and how the record is placed before the court is often decisive. Under Section 528 BNSS, the High Court may quash an FIR or proceedings where the allegations do not disclose an offence or where the proceedings amount to an abuse of process. The outcome depends on the facts, the material on record, and the stage of the case.

It is possible in principle, but courts look for a real and specific apprehension, which usually means a complaint or FIR already exists. Section 482 BNSS allows a person who has reason to believe they may be arrested on an accusation of a non-bailable offence to seek anticipatory bail. It is ordinarily sought after an FIR or complaint exists, and a vague or general fear of arrest is not enough. The court looks at the nature of the accusation, the applicant’s role, and whether custodial interrogation is genuinely needed.

Ordinarily until the end of the trial, with no fixed expiry. A charge sheet, cognizance or summons does not end it, and the accused need not surrender or apply for regular bail only for that reason. The accused must attend as directed and execute any bond the court or the bail order requires. The court can limit the order for special reasons, and can cancel it if conditions are breached, evidence is tampered with or the accused absconds. Usual conditions are attending interrogation when required, not influencing witnesses, and not leaving India without permission. If graver non-bailable offences are added later, fresh bail may be needed for them, and the police cannot simply arrest an accused already on bail without an order from the court that granted it. Anticipatory bail is not available for certain aggravated sexual offences against minors (BNS Sections 65 and 70(2)). Always read the exact order, because any limit written into it governs.

For a bailable offence bail is a right; for a non-bailable offence it is the court’s discretion, and how that discretion is argued makes the difference. For a bailable offence, bail is a matter of right, and the police or the court must grant it on furnishing a bond (Section 478 BNSS). For a non-bailable offence, bail is at the court’s discretion. The court considers the seriousness of the offence, the strength of the evidence, the risk of flight or tampering with evidence, and the accused’s antecedents.

It is bail that follows when the investigation runs out of time, and it is lost if not claimed at the right moment. If the police do not file the chargesheet within the statutory period, the accused is entitled to bail on being ready to furnish it (Section 187(3) BNSS). The period is 90 days for offences punishable with death, life imprisonment, or imprisonment for ten years or more, and 60 days for other offences. How this applies to offences with a maximum of ten years is still debated, and at least one High Court has held that the 60-day period applies to them. The right must be claimed before the chargesheet is filed.

Several, and they apply from the moment of arrest, so knowing them early matters. You must be told the grounds of arrest (Article 22(1) of the Constitution, Section 47 BNSS). You can have a relative or friend informed of the arrest and consult a lawyer of your choice. You must be produced before a Magistrate within 24 hours, excluding travel time. If you cannot afford a lawyer, you are entitled to free legal aid.

They can, but only by following the procedure the law requires, and lapses in that procedure can matter later. A search is generally made under a warrant, or under the police’s own power with reasons recorded in writing. Section 105 BNSS requires audio-video recording of a search and of the seizure, and the recording must be sent to the Magistrate. Seized items should be listed in a seizure memo with witnesses’ signatures. You can ask the police for a copy of the list, and apply to the Magistrate for the return of items not needed for the investigation.

Not by itself, and whether it becomes one depends on facts that complaints often overstate. A breach of contract is ordinarily a civil matter. Criminal liability may arise only if the facts also establish an offence, for example cheating under Section 318 BNS, which requires deception and dishonest or fraudulent inducement, or criminal breach of trust under Section 316 BNS, which requires entrustment of property and its dishonest misappropriation or misuse.

Generally not as a ban on future work, but confidentiality obligations can still be enforced if they are drafted correctly. Generally, a clause that prevents a former employee from working or carrying on a profession after leaving is void to that extent under Section 27 of the Indian Contract Act, 1872. Genuine confidentiality and trade-secret obligations may still be enforceable, provided they protect specific confidential information rather than functioning as a ban on future employment.

It can act on both civil and criminal fronts, and evidence preserved early usually decides the outcome. Depending on the facts, the company may seek civil relief, such as an injunction or damages. Criminal remedies may also be available where the evidence establishes the elements of an offence, for example criminal breach of trust under Section 316 BNS, or an offence under Section 66 of the Information Technology Act, 2000, where a covered computer-related act was done dishonestly or fraudulently. Relevant electronic records should be preserved promptly.

It depends on the documents, and the choice of forum often shapes the result. It depends on the dispute, the agreements and any arbitration clause. A valid clause may send disputes within its scope to arbitration under the Arbitration and Conciliation Act, 1996, where they are arbitrable. Claims of oppression or mismanagement may be brought before the NCLT under Sections 241 and 242 of the Companies Act, 2013, subject to the eligibility rules in Section 244, which the Tribunal may waive.

Everything that is easy to agree on at the start and hard to resolve later. A founders’ agreement should cover each founder’s role and time commitment, equity split and vesting, decision-making and reserved matters, assignment of intellectual property to the company, funding and dilution, share-transfer and exit terms, deadlock resolution, confidentiality and IP obligations after exit, and the dispute-resolution forum. Post-exit restrictions must be legally valid: a restraint on carrying on a profession or business after the relationship ends is generally void under Section 27 of the Contract Act, so only restrictions that survive that section should be included. The agreement should be signed at incorporation or as early as possible, before disagreements arise, because gaps in vesting, IP and exit terms commonly lead to later founder disputes.

An employee’s work generally belongs to the employer, but a consultant’s or founder’s work does not unless it is assigned in writing. Under Section 17(c) of the Copyright Act, 1957, the employer is generally the first owner of copyright in work created by an employee in the course of employment under a contract of service, subject to the Act’s exceptions and any agreement to the contrary. A consultant’s, freelancer’s or founder’s work does not automatically become company property, and this includes work created before incorporation. For patents, the inventor or an assignee may apply (Section 6, Patents Act, 1970), and for designs, ownership depends on the statute and the circumstances of creation. A written IP assignment to the company is the safer approach in every case.

Usually, if the contract and the applicable law are followed, but the process followed often decides whether the termination holds. The employment contract and company policies govern notice, pay in lieu of notice, and the grounds for termination, but applicable employment laws and standing orders may also affect notice, termination and process. A managerial title alone does not settle which rules apply. For termination based on misconduct, a fair process, including a written charge or notice and a reasonable opportunity to respond, is prudent. Courts generally do not order reinstatement for breach of an ordinary private contract of personal service, though this rule has exceptions. The usual remedy is damages for wrongful termination.

Earned wages must be paid quickly and cannot be withheld at will, while recovery of notice pay is a separate question. The Code on Wages, 2019 took effect on 21 November 2025. Under Section 17, wages payable to an employee who is removed, dismissed, retrenched, or resigns must be paid within two working days, subject to the Code’s provisions. “Wages” under the Code do not cover every item that may be included in a full-and-final settlement. Deductions are permitted only on grounds authorised by the Code, and total deductions in a wage period generally cannot exceed 50 per cent of the wages. Recovery of notice pay for unexpired notice is not among the listed grounds, so it is ordinarily pursued as a separate contractual claim, and the position on set-off against dues is not settled. Claims before the authority appointed under the Code may be filed within three years from when the claim arises, with limited discretion to entertain later claims on sufficient cause.

Yes, and gaps in compliance usually come to light only when a complaint is made. Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer with 10 or more employees at a workplace must constitute an Internal Committee. Where a workplace has fewer than 10 employees, or where the complaint is against the employer, complaints are addressed to the Local Committee. The Internal or Local Committee prepares an annual report and submits it to the employer and the District Officer, and the employer must also include the required information in its own annual report. Employers must conduct awareness programmes as the Act requires.

It binds those who sign it, but whether it binds the company and later shareholders depends on the articles. A shareholders’ agreement creates contractual rights between those who sign it, even where some terms are not in the articles, provided they are consistent with company law and the articles. The articles govern the company and its members, and a later shareholder is not automatically bound by a separate agreement they did not join. Rights that need to operate through the company or bind members generally, such as transfer restrictions, pre-emption rights, board matters, and exit rights, should also be reflected in the articles of association. In a dispute, the agreement, the articles, and the Companies Act, 2013 must be read together.

Often three years, but when the period starts, and whether it has been extended, depends on the documents. Many ordinary money-recovery claims must be filed within three years, but the applicable limitation period and when it begins depend on the type of claim and the relevant dates. A written acknowledgment signed by the debtor before the period expires can start a fresh period, and a qualifying part payment may do so as well. The dates and documents should be checked early.

Generally yes, for a commercial suit covered by the Commercial Courts Act, 2015 that does not contemplate urgent interim relief. Section 12A requires the plaintiff to complete pre-institution mediation before filing such a suit. The exception for urgent relief depends on the circumstances and must be genuine.

The timelines are strict and run in sequence, and missing any one of them can defeat the complaint. For a complaint under Section 138 of the Negotiable Instruments Act, 1881, the cheque must be presented within its validity period, generally three months. After receiving information of the dishonour, the payee or holder must send a written demand notice within 30 days. The drawer then has 15 days from receipt of the notice to pay. If payment is not made, the cause of action arises after that period, and the complaint must generally be filed within one month. A court may condone a late filing for sufficient cause.

When three conditions are met together, and how the case is presented at the first hearing often decides the outcome. Under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, a court considers whether the applicant has a prima facie case, whether the balance of convenience favours an injunction, and whether refusing it would cause harm that damages would not adequately remedy. All three conditions must be met, and the decision remains discretionary.

On conviction under Section 138 of the Negotiable Instruments Act, 1881, the drawer may face imprisonment for up to two years, a fine of up to twice the cheque amount, or both. Liability arises only where the cheque was issued for a legally enforceable debt or liability and the statutory time limits for a dishonoured cheque, explained above, have been followed. The court may direct interim compensation of up to 20 per cent of the cheque amount under Section 143A. This is discretionary and can be ordered only at the stage the section prescribes: when the accused pleads not guilty in a summary trial or summons case, or when charges are framed in another case. It is payable within 60 days, extendable by 30 days for sufficient cause, and is adjusted against any final fine or compensation. The offence is compoundable under Section 147, subject to the applicable procedure. In practice, these cases are often decided on procedure as much as on the cheque itself.

Sometimes it is mandatory, and sometimes it is only prudent. Between private parties, a legal notice is generally not a precondition to a civil suit, though it is commonly sent to demand payment and create a record of the dispute. A notice is mandatory in a Section 138 cheque-dishonour case. It is also mandatory before suing the Government or a public officer for an official act under Section 80 CPC, with a two-month notice period. With the court’s leave, an urgent suit may be filed without waiting for the notice period, but relief can be granted only after the court gives the defendant a reasonable opportunity to respond. In a commercial dispute of the specified value, pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is required unless the suit genuinely contemplates urgent interim relief.

A summary suit is a fast procedure for recovering a debt or liquidated demand in money. Under Order XXXVII CPC, it applies to suits on bills of exchange, hundis, and promissory notes, and to suits for a debt or liquidated demand arising on a written contract, enactment, or guarantee. The defendant does not have an automatic right to defend and must obtain leave. After service of the summons for judgment, the defendant must apply for leave to defend within 10 days, disclosing facts showing a substantial or bona fide defence, and the court may grant leave on conditions. If no application is made, or leave is refused because the defence is frivolous or vexatious, the plaintiff is entitled to decree forthwith. If part of the claim is admitted, the defendant must ordinarily deposit the admitted amount before leave to defend the balance is granted. Whether a claim fits the Order often depends on how the documents are framed.

Yes, but the basis differs by period. Before the suit, interest may be claimed under the contract or a statute, and the Interest Act, 1978 may apply in specified circumstances. From the date of the suit and after the decree, Section 34 CPC governs interest, subject to its rules and the court’s discretion. The starting date and rate often depend on the contract, invoice terms, and the nature of the claim. For a supplier that is a micro or small enterprise, Section 16 of the MSMED Act, 2006 provides statutory compound interest with monthly rests at three times the bank rate notified by the RBI, once the buyer misses the payment deadline under Section 15.

Usually not, if a party raises the objection at the correct stage. Under Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority must refer the parties to arbitration if the application is made no later than the party’s first statement on the substance of the dispute, unless it finds prima facie that no valid arbitration agreement exists. Timing is critical: an application made after filing a written statement or otherwise participating in the merits may be refused. A court can grant urgent interim protection under Section 9, including before or during arbitral proceedings. Once the arbitral tribunal is constituted, Section 9 relief is available only if the remedy under Section 17 would not be efficacious.

Winning the decree is often only half the work. A decree is enforced through execution proceedings under Section 51 and Order XXI CPC. Depending on the debtor’s assets, the court may attach bank accounts, salary, or immovable property, sell attached property, appoint a receiver, or, in limited circumstances, order civil detention of the judgment-debtor. Attachment is subject to statutory exemptions, and civil detention is not automatic: the court must follow the required procedure and find a statutory basis for it. Execution must generally be filed within 12 years from the date the decree becomes enforceable, or from a later payment or delivery date specified in the decree (Article 136, Limitation Act, 1963). The decree-holder should identify attachable assets and seek appropriate execution steps promptly.

Usually through a civil suit, though a faster remedy exists if you act within six months of being dispossessed. Possession is generally recovered through a civil suit for possession, with an injunction where necessary. A person dispossessed without consent and otherwise than in due course of law may file a summary suit under Section 6 of the Specific Relief Act, 1963 within six months of dispossession; this remedy concerns possession, not title. Where forcible entry is accompanied by the requisite intention, a police complaint for criminal trespass under Section 329 BNS may also be considered.

Through a civil suit, and whether you signed the document decides which relief you seek. A forged or fake sale deed is usually challenged by a civil suit, with an injunction or possession where needed. A person who executed the deed generally seeks cancellation under Section 31 of the Specific Relief Act, 1963, while a person who did not execute it generally seeks a declaration under Section 34 that it is void and does not bind them. The suit is generally subject to a three-year limitation period, running from when the relevant facts first become known. Where forgery or cheating is made out, criminal complaints under Sections 336 and 318 BNS may also be considered.

Any co-owner or coparcener, including a daughter, can file it, and the documents usually decide what share is proved. A co-owner or coparcener may file a partition suit in the civil court where the property is situated. Daughters have equal coparcenary rights under Section 6 of the Hindu Succession Act, 1956, as amended in 2005, subject to the statutory exceptions. Useful documents include title deeds, revenue and mutation records, a family tree, Wills, prior settlements, and records of prior partitions or alienations.

On grounds that go to how the Will was made, and the time limit depends on whether probate has been granted. A Will may be challenged for improper execution or attestation, lack of testamentary capacity, fraud, coercion, undue influence, or unexplained suspicious circumstances. A challenge is generally brought by a declaratory suit within three years from when the right to sue accrues; where probate has been granted, the appropriate route and limitation require separate examination.

A registered sale deed is the usual instrument of transfer, while a GPA, agreement to sell or mutation entry is not. A properly executed and registered sale deed is the usual way to transfer ownership (Section 54, Transfer of Property Act), but it transfers only the interest the seller actually had. A GPA or agreement to sell does not by itself transfer title, although an agreement may support a suit for specific performance. Mutation records are maintained mainly for revenue and tax purposes and do not themselves confer title. Ownership must be established from the registered conveyance and the complete chain of title.

Twelve years against a private owner, but time alone is never enough. The usual period is 12 years against a private owner, and 30 years for a suit by or on behalf of the Central or State Government, under the Limitation Act, 1963. The 30-year period does not automatically apply to every parcel described as government land. The possession must be actual, open, continuous, exclusive, and hostile to the true owner’s title. Mere occupation is not enough: possession under a licence, tenancy, or other permissive arrangement is not hostile, and an acknowledgement of the owner’s title ordinarily defeats the claim.

It depends first on the rent, which decides whether the Rent Controller or a civil court hears the case. The Delhi Rent Control Act, 1958 applies where the monthly rent does not exceed ₹3,500, but it also excludes certain other premises, including some recently constructed ones. Where it applies, eviction requires an application before the Rent Controller on a statutory ground, such as bona fide requirement under Section 14(1)(e). For that ground, the landlord must prove ownership, a genuine need for self or dependent family members, and absence of other reasonably suitable accommodation. Where the Act does not apply, the lease and general property law govern: the landlord ordinarily terminates the tenancy by notice under Section 106 of the Transfer of Property Act and then files a civil suit for possession, though notice requirements can depend on the lease and how the tenancy ended.

Yes, but the buyer’s own conduct is examined as closely as the seller’s. A buyer may file a suit for specific performance under Section 10 of the Specific Relief Act, 1963, seeking a direction that the seller execute and register the sale deed. The buyer must prove continuous readiness and willingness to perform: readiness refers to financial and practical capacity, and willingness to the intention to perform. The suit is generally subject to a three-year limitation period from the date fixed for performance or, where no date is fixed, from the date the buyer learns that performance is refused.

More than the sale deed, because most disputes arise from what was not checked. Verify the complete chain of title and registered conveyance deeds. Check encumbrances, mortgages, charges, pending dues, actual possession, tenancies, and any occupation claims. Also verify mutation and tax records, sanctioned land use, approved building plans, completion or occupancy documents, and any pending litigation, acquisition, or restriction notices. For projects that are required to be registered, check RERA registration and project approvals, as the Act provides some exemptions.

Yes, in coparcenary property, but not every property described as ancestral qualifies. Since the Hindu Succession (Amendment) Act, 2005, a daughter is a coparcener by birth under Section 6 of the Hindu Succession Act, 1956, with rights equal to those of a son in Mitakshara coparcenary property, and the father need not have been alive on 9 September 2005. This does not give a daughter a share in every property called ancestral: the property must qualify as coparcenary property, and earlier dispositions or partitions can affect the result.

On the grounds the statute lists, and a petition generally cannot be filed within the first year of marriage without the court’s leave. Under Section 13 of the Hindu Marriage Act, 1955, divorce may be sought on grounds including cruelty, adultery, desertion for a continuous period of at least two years immediately before the petition, conversion to another religion, incurable unsoundness of mind or a mental disorder of such a kind that the petitioner cannot reasonably be expected to live with the respondent, and other statutory grounds. A wife has additional grounds under Section 13(2). Under Section 14, a petition ordinarily cannot be presented within one year of marriage unless the court grants leave for exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. Divorce by mutual consent is available under Section 13B, subject to its separation and motion requirements. These are remedies under the Hindu Marriage Act; marriages governed by other laws follow their own statutes.

It usually begins with counselling rather than prosecution, and what is recorded at this stage can matter later. In Delhi, the CAW Cell is a police unit that usually works as a counselling and reconciliation forum. It is not a court, and a letter asking the other side to attend is not a legal summons. Practice can vary, and the cell may recommend registration of an FIR. A cell complaint is not itself an FIR. Where the facts disclose a cognisable offence, it can be reported to the police under Section 173 BNSS; in certain cases the police may hold a limited preliminary enquiry first, so an FIR is not always registered at once. If the police refuse to register a cognisable offence, Section 173(4) BNSS provides a remedy before the Superintendent of Police.

Quick and practical protection, including the right to stay in the shared household. A woman in a domestic relationship may apply to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Magistrate may grant protection orders, residence orders, monetary relief, custody orders, and compensation. Under Section 17, she has a right to reside in the shared household whether or not she owns it. The Magistrate is required to endeavour to dispose of the application within 60 days of the first hearing; this is a target, not a guaranteed deadline.

Seriously, but arrest is not automatic, and vague or false allegations can be challenged. Cruelty by a husband or his relatives is an offence under Section 85 BNS, and dowry demands are punishable under the Dowry Prohibition Act, 1961. A woman’s stridhan remains her property. For offences punishable with imprisonment up to seven years, the police must consider whether arrest is necessary and record their reasons. Where arrest is not required, a notice is issued under Section 35 BNSS, and arrest for that offence is generally barred while the person complies, unless reasons for arrest are recorded. Arrest is not barred where the statutory grounds are met, but courts stress that it should not be automatic. Where allegations are vague, do not disclose an offence, or amount to abuse of process, the High Court may quash the proceedings under Section 528 BNSS.

There are several, under different laws, and choosing the right one, or more than one, affects both speed and amount. A wife (including a divorced wife who has not remarried), children, or parents may claim maintenance under Section 144 BNSS; a wife may lose this right in the situations stated in that section, such as living in adultery or refusing without sufficient reason to live with her husband. In Hindu marriage proceedings, Sections 24 and 25 of the Hindu Marriage Act provide for interim and permanent maintenance. A Hindu wife living separately without seeking divorce may claim maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, if she shows one of the grounds in that section for living apart. Monetary relief is also available under Section 20 of the Domestic Violence Act. Courts generally take earlier or parallel awards into account to avoid duplication.

It is support paid while the case is pending, and it is often the most important order in the case. Matrimonial proceedings can take years. Interim maintenance is support paid while the case is pending, enabling a spouse or child without sufficient means to meet living expenses and litigation costs. An ad-interim order is a temporary order passed at an early stage, before the interim application is finally decided. Under Section 144(1) BNSS, an application for interim maintenance and expenses of proceedings is, as far as possible, to be decided within 60 days from service of notice of the application.

There is no formula, so the quality of disclosure on both sides usually decides the amount. There is no fixed formula. Courts consider the income, assets, and liabilities of both parties; the standard of living during the marriage; the needs of children; and the claimant’s qualifications and earning capacity, although capacity to earn does not by itself decide eligibility. Parties are generally required to file affidavits disclosing income and assets. False or incomplete disclosure may lead the court to call for further records, draw an adverse inference, or assess means from the party’s lifestyle and apparent financial capacity.

Yes, in matrimonial proceedings, and any order can be revisited when circumstances change. Under Sections 24 and 25 of the Hindu Marriage Act, either spouse may claim maintenance if the other has sufficient means and the claimant lacks sufficient independent income. Section 144 BNSS is available to a wife, children, and parents. An order may be varied or cancelled on a material change in circumstances, for example under Section 25(2) of the Hindu Marriage Act or Section 146 BNSS.

Concealment can be exposed, and once it is proved the court can assess maintenance on what the evidence shows. Maintenance is assessed on the income and assets disclosed, so concealment can be challenged. The court may direct a fuller disclosure affidavit and call for bank statements, income-tax returns, business or company records, and employment details from banks, employers, and other authorities. Cross-examination and summoning of third-party records are subject to the court’s permission. Where concealment is proved, the court may draw an adverse inference and assess maintenance on the material available, including lifestyle and apparent means.

Possibly, but only the court can start that prosecution, and an adverse inference on maintenance is often the quicker consequence. Giving false evidence (Section 227 BNS), fabricating false evidence (Section 228 BNS), and punishment for false evidence (Section 229 BNS) are offences, and knowingly using false evidence is covered by Section 233 BNS. For offences affecting court proceedings, Section 215 BNSS requires a complaint by the court. A party may apply to the court under Section 379 BNSS, but cannot compel prosecution; the court decides whether it is expedient in the interests of justice. Section 35A of the Code of Civil Procedure, 1908 allows limited compensatory costs only where a claim or defence is found to be knowingly false or vexatious and is disallowed, abandoned or withdrawn.

Challenge it at once, because how it is challenged decides whether it is disbelieved or referred for prosecution. A document that is merely inaccurate is different from one that is forged or fabricated. If a document created to show false expenses, income, or address is filed, challenge it promptly. The other side may seek proof of execution, summon the notary, stamp vendor, or sub-registrar records, and cross-examine the person producing it. Depending on the facts, fabricating false evidence (Section 228 BNS), forgery (Section 336 BNS), or using a forged document as genuine (Section 340 BNS) may apply. For a document produced or given in evidence in court, prosecution for such offences generally requires the court’s complaint under Section 215 BNSS, so raise the issue with the court at the earliest.

By the child’s welfare, which outweighs the wishes of either parent. The welfare of the child is the paramount consideration. Courts decide custody, interim custody, and visitation under the Guardians and Wards Act, 1890 and Section 26 of the Hindu Marriage Act. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, custody of a child below five years ordinarily remains with the mother, but this is not absolute and the child’s welfare controls. The wishes of an older child may be considered but do not decide the case alone. A child’s maintenance is claimed separately from a spouse’s maintenance.

Usually more than one court has jurisdiction, and choosing correctly at the start avoids later objections. Under Section 19 of the Hindu Marriage Act, a petition may be filed where the marriage was solemnised, where the respondent resides, or where the parties last resided together. A wife may also file where she is residing on the date of presentation. A petitioner may file where they reside if the respondent resides outside India or has not been heard of as alive for seven years by those who would naturally have heard of them. The facts should be verified before filing.

Not automatically. A foreign decree is recognised in India only if it satisfies Section 13 of the Code of Civil Procedure, 1908. In matrimonial matters, courts examine whether the foreign court had jurisdiction under the law governing the marriage, whether it decided the case on merits, whether proper notice was given, and whether the decree was obtained by fraud or is contrary to Indian law. A decree passed without proper notice to the other spouse may be challenged.

It asks the court to direct the spouse to return, and if ignored, it can become a route to divorce. Under Section 9 of the Hindu Marriage Act, a spouse whose husband or wife has withdrawn from their society without reasonable excuse may seek a decree for restitution of conjugal rights. The spouse who withdrew bears the burden of showing reasonable excuse. The court does not physically force the spouses to live together. If there is no restitution of conjugal rights for one year or more after the decree, either party may seek divorce under Section 13(1A)(ii). The petition may therefore be an attempt to preserve the marriage and also a step that later supports a divorce petition.

Do not sign or agree to anything under pressure, threats, or artificial deadlines. A settlement should be based on free consent; an agreement obtained by force, fraud, undue influence, or deception may be challenged, but success depends on the facts and undoing it later can be difficult. Keep records of pressure, such as messages and call logs, and obtain legal advice before responding.

Because a settlement can bind you for years, and some terms cannot be undone later. A settlement can determine maintenance, custody, visitation, property, and the fate of pending cases for years. Terms recorded as full and final are difficult to reopen. A settlement does not automatically end a criminal case; whether it can be compounded or quashed depends on the offence and the court. Parents also cannot contract away a child’s interests, as custody and support remain subject to the child’s welfare and the court’s powers. Before agreeing, ensure full disclosure of income and assets, coverage of all claims including those of children, clarity on pending cases, secure payment terms, and enforceable court-recorded terms.

Yes. Under Section 13B of the Hindu Marriage Act, consent must continue until the divorce decree is passed, and either spouse may withdraw it before then. The second motion is normally made after six months from the first motion and within 18 months of the petition. The Supreme Court has held that the six-month period is directory and may be waived in suitable cases, but waiver is discretionary, not automatic.

Yes. Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents and senior citizens may apply to the Maintenance Tribunal for monthly maintenance from their children or, for a childless senior citizen, from a relative who is a legal heir. A daughter-in-law is not automatically liable, particularly where the senior citizen has other children. In Delhi, each district has a Maintenance Tribunal headed by the Additional District Magistrate. An appeal lies to the Appellate Tribunal of the district within 60 days under Section 16.

Free legal services, accessible procedure, and recognition of special needs in support and interim arrangements. A person with a disability is among those entitled to free legal services under Section 12 of the Legal Services Authorities Act, 1987, as are women and children. Under Section 12 of the Rights of Persons with Disabilities Act, 2016, legal services authorities and courts must ensure access to justice without discrimination, provide accessible formats and reasonable accommodation, and, where appropriate, record testimony through the person’s preferred means of communication. A spouse’s or child’s disability and special needs are relevant to maintenance and interim arrangements, while custody remains governed by the child’s welfare. An application for early hearing may be made where urgency is shown.