Telephonic Recordings of Spouse Now Legal Evidence, Says Supreme Court: A Detailed Analysis
Family Dispute

Telephonic Recordings of Spouse Now Legal Evidence, Says Supreme Court: A Detailed Analysis

Introduction: A Landmark Decision in Matrimonial Law

In a recent and pathbreaking ruling, the Supreme Court of India has held that secretly recorded telephonic conversations between spouses can be admitted as evidence in matrimonial disputes. This decision, delivered in Vibhor Garg v. Neha, has sparked widespread debate about the balance between privacy rights and the need for fair trials in family courts.

The judgment comes as a significant shift from the earlier position of the Punjab & Haryana High Court, which had ruled such recordings as inadmissible due to privacy concerns. By allowing these recordings, the Supreme Court has clarified the law and laid down guidelines that could impact thousands of ongoing and future matrimonial cases in India.

Also Read: The Role of a Family Dispute Lawyer in Protecting Your Rights During Divorce

Background of the Case

What Was the Dispute About?

The case arose from a divorce petition filed under Section 13 of the Hindu Marriage Act, 1955, where the husband (Vibhor Garg) alleged cruelty by his wife (Neha). To substantiate his claims, Vibhor secretly recorded telephonic conversations between himself and his wife, which allegedly contained incriminating material about her conduct.

  1. The Family Court in Bathinda admitted the recordings as evidence, stating that they were crucial to determining the facts.

  2. However, when Neha challenged this decision, the Punjab & Haryana High Court reversed the Family Court’s order, citing a violation of the wife’s right to privacy under Article 21 of the Constitution.

  3. Vibhor then approached the Supreme Court in Special Leave Petition (SLP) No. 21195/2021.

Also Read: Divorce Law in India

Supreme Court’s Ruling: Privacy vs. Fair Trial

Key Observations of the Bench

The case was heard by a bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma. In their judgment, the Supreme Court made several important observations:

  1. Right to Privacy Not Absolute

    1. The Court reiterated that while Article 21 guarantees the right to privacy, this right is not absolute.

    2. It must be balanced with the right to a fair trial, which is also a constitutional guarantee.

  2. Section 122 of the Indian Evidence Act

    1. Section 122 bars disclosure of marital communications without the consent of the spouse.

    2. However, there is a clear exception: this protection does not apply in legal proceedings between the spouses themselves.

  3. Nature of Matrimonial Disputes

    • The Court noted:

      “If the marriage has reached a stage where spouses are actively snooping on each other, it already indicates a broken relationship and lack of trust. Permitting such evidence will not jeopardise domestic harmony, as that is already compromised.”

  4. Authenticity of Recordings

    • The Court cautioned that any such recordings must be thoroughly examined to ensure their authenticity and reliability before they are admitted as evidence.

Also Read: How To Apply For Divorce

Why This Ruling Matters: Legal and Social Impact

Balancing Privacy and Justice

This judgment clarifies that privacy concerns cannot override the pursuit of truth in matrimonial disputes. It empowers courts to consider all relevant evidence to ensure justice is served.

Easing the Burden of Proof in Matrimonial Cases

Allegations like cruelty, harassment, or adultery are often difficult to prove in matrimonial disputes due to the lack of direct evidence. With this ruling, secretly recorded conversations can now serve as crucial evidence.

Implications for Domestic Harmony

While critics argue that this could encourage surveillance within marriages, the Supreme Court observed that such relationships are often already beyond repair. Allowing evidence merely reflects the reality of broken marriages.

Precedent for Future Cases

This decision sets an important precedent for courts across India. Family courts may now see an increase in cases where spouses present secret recordings to support their claims.

Also Read: New Rules For Divorce In India 2024: A Comprehensive Guide

Legal Principles Explained

Article 21 of the Constitution: Right to Privacy

The right to privacy, as recognized in K.S. Puttaswamy v. Union of India (2017), is a fundamental right under Article 21. However, even in Puttaswamy, the Supreme Court clarified that privacy is subject to reasonable restrictions in the interest of justice, public order, and national security.

In Vibhor Garg v. Neha, the Court applied the same reasoning, prioritizing the right to a fair trial over absolute privacy between estranged spouses.

Section 122 of the Indian Evidence Act

Section 122 protects communications between spouses during the marriage. However, this protection does not apply when the spouses are litigating against each other.

This means that in cases like divorce or domestic violence, one spouse can disclose what the other communicated, provided it is relevant to the case.

Relevant Precedents

The Court’s decision aligns with earlier rulings:

  • Niranjan Shankar Golikari v. Century Spinning Co. (1967)
    Reasonable restrictions during contractual relationships do not violate personal liberty.

  • Superintendence Co. v. Krishan Murgai (1981)
    Courts may permit restrictions if they are not against public policy.

These cases reinforce the idea that individual rights are not absolute and can be balanced against competing interests.

Also Read: Fastest Divorce Process : How To Get A Quick Divorce

Authenticity and Admissibility of Recordings: Court’s Guidelines

The Supreme Court emphasized caution in admitting such evidence:

Authenticity Check – Courts must ensure the recordings are not doctored or manipulated.

Relevance Test – The recordings should directly relate to the facts in dispute.

Reliability Assessment – The context and manner in which the recording was made should be scrutinized.

Constitutional Safeguards – Evidence obtained in violation of constitutional rights must still be assessed carefully before use.

Also Read: Comprehensive Guide to Divorce Documents in India: A Step-by-Step Approach

Critics vs. Supporters: The Debate Over the Ruling

Critics Say:

  1. It could erode trust in marriages and promote a culture of surveillance between spouses.

  2. Privacy within a marriage should be sacrosanct, even during disputes.

Supporters Argue:

  1. It helps uncover hidden truths in cases of cruelty and abuse.

  2. Protects victims who otherwise have no means to prove their allegations.

  3. Courts are competent to filter out unreliable or unethical evidence.

Also Read: How To File Mutual Divorce? Mutual Divorce Process

Practical Implications for Spouses

For Individuals in Matrimonial Disputes:

  1. Be aware that anything you say over the phone could be used as evidence in court.

  2. Avoid making threats, admissions, or abusive comments during conversations.

For Family Courts:

  • Courts must develop robust guidelines for verifying the credibility of recordings.

For Lawyers:

  1. Advise clients about the risks and ethical considerations of recording conversations.

  2. Use recordings cautiously, ensuring they are relevant and legally admissible.

Also Read: In a historic judgement, Supreme Court provides guidelines for deciding compensation and maintenance in matrimonial cases

What Does This Mean for Privacy in India?

This judgment highlights the ongoing struggle to define the scope of privacy rights in India. While the Supreme Court has reaffirmed that privacy is critical, it has also clarified that in certain cases—especially disputes between spouses—privacy rights may need to yield to the pursuit of justice.

This ruling may also encourage legislative reforms to set clear boundaries on covert surveillance within families.

Also Read: Understanding the Compromise Agreement Between Husband and Wife in India: A Complete Guide

Conclusion: A Step Toward Justice in Matrimonial Disputes

The Supreme Court’s decision in Vibhor Garg v. Neha represents a crucial development in Indian matrimonial law. By allowing telephonic recordings as evidence, the Court has addressed a major hurdle in proving allegations like cruelty and abuse.

However, the judgment also calls for responsible use of such evidence, ensuring it is authentic and does not encourage unnecessary surveillance in personal relationships.

For spouses navigating turbulent marriages, this ruling serves as a reminder of the legal implications of their words and actions, even in private conversations.

As Indian society evolves, this balance between privacy and justice will continue to shape the future of family law in the country.

How to Draft a Legal Notice for an Absconding Employee: A Complete Guideline
HR legal issues/HR related matters

How to Draft a Legal Notice for an Absconding Employee: A Complete Guideline

Introduction

Employee absconding is a significant challenge in corporate India today.
Data by HRhelpdesk (2023) shows that 1 in 10 employees in organized sectors either leave without notice or do not complete exit formalities, impacting the company's operations, compliance, and morale.

In such cases, drafting a proper legal notice becomes essential — not just to assert the company's rights, but to document efforts to maintain professionalism, demand accountability, and take legal action if necessary.

Meaning of Absconding and Absconder

Absconding refers to an employee's unauthorized and unexplained absence from the workplace without proper intimation, resignation, or fulfilling exit obligations.

An absconder is defined as:

  1. A person who leaves employment abruptly,

  2. Fails to communicate reasons,

  3. Disregards formal exit procedures,

  4. Becomes unreachable by all reasonable means.

HR experts globally consider absconding a serious breach of organizational discipline and contract obligations.

Why Does an Employee Abscond?

Understanding the root causes helps in preventive HR measures.
According to a PeopleMatters Report (2022), top reasons employees abscond include:

 

Reason Percentage
Fear of confrontation 25%
Better job opportunity 22%
Financial stress or debts 18%
Workplace harassment 15%
Lack of professional ethics 10%
Personal emergency 10%

Why Issue a Legal Notice for an Absconding Employee?

The primary reasons include:

  • Formal documentation: Serves as proof that the company attempted reasonable communication.

  • Legal safeguard: Strengthens case for recovery suits or criminal complaints if necessary.

  • Asset recovery: Ensures return of laptops, ID cards, documents, etc.

  • Notice period enforcement: Helps recover pending dues as per employment contract.

  • Protects brand image: Avoids reputational damage during background verification checks.

Thus, a legal notice is not optional — it’s a strategic tool for compliance and business continuity.

Is Absconding a Crime in India?

Not directly.

Absconding from employment is a contractual breach, not a criminal offense by itself.

However, it may amount to a criminal offense under certain circumstances, such as:

 

Situation Relevant Law
Employee steals company property Section 378, Indian Penal Code (IPC) - Theft
Employee misuses confidential information Section 72A, Information Technology Act
Employee commits fraud/misappropriation Section 420, IPC - Cheating
Employee evades lawful summons Section 82, CrPC - Proclamation for absconding

Thus, the nature of the offense determines whether civil or criminal action is taken.

Absconding Employee and Indian Laws: Quick Overview

  1. No separate "Absconding Law" exists in India.

  2. Employers act based on:

    • Employment Agreements (contractual remedies),

    • Company HR Policies,

    • Industrial Disputes Act, 1947 for labor compliance,

    • Shops and Establishments Act (state-specific regulations).

Example:

  • Under Model Standing Orders under Industrial Employment Act, 1946, unauthorized absenteeism for more than 8 consecutive days is deemed misconduct and can lead to termination after a domestic inquiry.

What Should Employers Do Before Issuing a Legal Notice?

Step 1: Exhaust All Means of Contact

  • Phone calls (minimum 2 attempts)

  • Official emails (minimum 2–3 emails)

  • Letters to permanent residential address

  • Contact emergency contact/family if available

Step 2: Review Company Policies and Agreements

  • Examine notice period clauses.

  • Check clauses regarding unauthorized absence, asset return, confidentiality, etc.

Step 3: Check for Sensitive Dependencies

  • Client-facing employees, project handovers, laptop returns — prioritize recovering these assets.

Step 4: Document Everything

  • Maintain communication logs, call recordings (if applicable), courier receipts, email screenshots.

When Can a Legal Notice Be Issued?

Issue a legal notice if:

  1. Absence exceeds 2–5 working days without any communication (depending on policy).

  2. No response after initial reminders (email, phone, address).

  3. Company assets are still in employee's possession.

  4. Notice period obligations are unmet.

Best Practice:
Issue within 7–15 days from the last working day for optimal legal defensibility.

Elements to Include in a Legal Notice for an Absconding Employee

A strong legal notice should cover:

 

Section Content
Employer Details Company name, address, authorized signatory
Employee Details Full name, last known address, employee code
Facts Date of joining, date of last working day, designation, department
Breach Description Details of absconding, reference to violated clauses
Company’s Demands Return to duty, explanation, return of property, payment of dues
Consequences Mentioned Civil recovery, termination, criminal proceedings if applicable
Timeline for Response 7–15 days for reply and action
Authorized Signature HR head/Manager name, designation, company seal

Sample Format of Legal Notice to Absconding Employee

[On Company Letterhead]

Date: [Insert Date]
Ref: [Employee Code/Notice Number]

To,
[Employee Name]
[Address]
[City, State – Zip Code]

Subject: Notice Regarding Unauthorized Absence and Breach of Employment Contract

Dear [Employee Name],

You have been absent from your duties at [Company Name] since [Date] without any intimation, approval, or valid justification. Despite multiple attempts via email and phone on [dates], we have not received any response from your end.

This conduct constitutes a grave violation of your employment obligations under Clause [X] of your Employment Agreement dated [Insert Date].

As per company policy and the applicable legal framework, you are hereby directed to:

  1. Submit a written explanation for your unauthorized absence within 7 days.

  2. Return company assets including [list items] immediately.

  3. Pay the notice period compensation equivalent to [X] months' salary, amounting to ₹[Amount].

Failing compliance, the company reserves the right to:

  1. Initiate civil and/or criminal proceedings,

  2. Seek recovery of losses,

  3. Blacklist you with background verification agencies.

Please treat this matter with urgency and sincerity.

Yours Sincerely,
[Authorized Signatory]
[Designation]
[Company Name]
[Contact Email]
[Phone Number]
[Company Seal]

After Sending the Legal Notice: What Happens?

If the Employee Responds

  • Try to resolve the matter amicably: settlement of dues, asset recovery, formal resignation.

If the Employee Does Not Respond

  1. Serve a termination letter.

  2. Initiate recovery suit in civil court.

  3. File a criminal complaint (if assets are misappropriated or fraud is involved).

Fact:
Recovery suits must be filed within 3 years from the cause of action (Limitation Act, 1963).

Real Case References on Employee Absconding

 

Case Summary
ABC Company vs Former Employee, Delhi HC (2022) The Court upheld the employer’s right to recover notice period dues where the employee absconded without serving notice or returning assets.
XYZ Ltd. vs Employee, Karnataka HC (2021) Court allowed employer to blacklist an absconder after a well-documented notice and inquiry process.
PQR Pvt. Ltd. vs Employee, Bombay HC (2020) Dismissed a former employee’s wrongful termination claim because the employee absconded and ignored multiple legal notices.

Common Mistakes Companies Should Avoid

  1. Using emotional or threatening language.
  2. Sending legal notice casually via email without registered post.
  3. Not preserving communication evidence.
  4. Not referencing employment agreement clauses clearly.
  5. Giving too short a response window (less than 7 days).

Best Practices for Drafting the Notice

  1. Use professional, neutral language.

  2. Quote specific clauses of the employment contract.

  3. Clearly mention the next steps if the employee does not respond.

  4. Always send via Registered Post (with AD) or through a courier with tracking ID.

  5. Retain a copy of the legal notice and postal proof for future legal proceedings.

Conclusion

Absconding is an unprofessional and unethical exit behavior that can seriously harm an organization.
Issuing a proper, detailed legal notice ensures:

  1. Legal protection,
  2. Professional handling of the situation,
  3. Recovery of assets and dues,
  4. Maintenance of corporate discipline.

Employers must be prompt, precise, and legally compliant while drafting and serving such notices.
When handled well, it sends a strong message that absconding will not be tolerated — preserving the organization's reputation and operational strength.

How to Register for National Lok Adalat 2025: Token Process, Schedule, and Checking Traffic Challan Status
Traffic Challan

How to Register for National Lok Adalat 2025: Token Process, Schedule, and Checking Traffic Challan Status

Introduction

The National Lok Adalat 2025 is a significant opportunity for vehicle owners in Delhi to settle their pending traffic challans at discounted rates. Organized by the National Legal Services Authority, this initiative allows individuals to clear compoundable traffic challans conveniently online. The Delhi State Legal Service Authority has released an official notification detailing the schedule and process for participating in the Lok Adalat. 

What is National Lok Adalat 2025?

The National Lok Adalat is an alternative dispute resolution mechanism that aims to settle pending cases amicably without lengthy court proceedings. For 2025, the National Legal Services Authority has focused on resolving pending traffic challans to help vehicle owners clear their dues efficiently. The initiative provides a golden chance to pay off challans with special discounts, making it an attractive option for those with outstanding dues.

Key Dates for National Lok Adalat 2025

The Delhi Traffic Police Department has announced the following dates for National Lok Adalat 2025:

  • First Lok Adalat: 8 March 2025

  • Second Lok Adalat: 10 May 2025

  • Third Lok Adalat: 13 September 2025

  • Fourth Lok Adalat: 13 December 2025

Timings: 10:00 AM to 4:00 PM
Official Website: traffic.delhipolice.gov.in

Benefits of Participating in National Lok Adalat 2025

  1. Special Discounts: Avail discounts on pending traffic challans.

  2. Convenient Online Process: Pay dues online without visiting traffic offices.

  3. Quick Settlement: No lengthy court procedures; get disputes resolved swiftly.

  4. Legal Closure: Obtain legal closure for pending challans and avoid future complications.

  5. Eligibility for NOC: Clear all dues to become eligible for the No Objection Certificate (NOC) for your vehicle.

Eligibility Criteria for National Lok Adalat 2025

To participate in the National Lok Adalat, vehicle owners must ensure:

  1. They have pending compoundable traffic challans.

  2. They complete the online registration process for the token.

  3. All required documents, such as vehicle registration and previous challan receipts, are readily available.

How to Register for National Lok Adalat 2025

To register for the National Lok Adalat 2025, follow these steps:

  1. Visit the Official Website:
    Go to traffic.delhipolice.gov.in.

  2. Select the Lok Adalat Option:
    On the homepage, click on the "Delhi State Legal Service Authority" option.

  3. Open Token Registration Form:
    A new tab will open with the token registration form.

  4. Fill in the Required Details:
    Enter your name, contact number, vehicle registration number, and pending challan details accurately.

  5. Submit the Form:
    After filling in the details, click on the "Submit" button.

  6. Download the Token:
    A confirmation message with a download link for the Lok Adalat Token will appear. Click on the link to download and save the token for further use.

How to Download Challan Token for National Lok Adalat 2025

  1. Go to the Official Website:
    Access traffic.delhipolice.gov.in.

  2. Select the Token Download Option:
    Choose "Challan Token Download" under the Lok Adalat section.

  3. Enter Required Details:
    Provide your vehicle registration number and mobile number.

  4. Download the Token:
    Click on "Download" to get your Lok Adalat Challan Token.

  5. Save the Token:
    Save the downloaded token on your device for presenting at the Lok Adalat.

How to Check Pending Challan Status Online

If you want to check the status of your pending challans before registering for the Lok Adalat:

  1. Visit the Official Website:
    Go to traffic.delhipolice.gov.in.

  2. Click on ‘Pending Challan/Notice’:
    On the homepage, select the "Pending Challan/Notice" option.

  3. Enter Vehicle or Notice Number:
    Provide your vehicle registration number or notice number.

  4. Check Details:
    Click on "Search" to view the pending challan details.

  5. Download or Print:
    You can download or print the details for future reference.

How to Pay Pending Traffic Challans Online

  1. Visit the Traffic Police Portal:
    Go to traffic.delhipolice.gov.in.

  2. Search Challan:
    Click on "Traffic Challan" and enter the vehicle or notice number.

  3. View Pending Dues:
    A list of pending challans will appear. Check the details carefully.

  4. Make Payment:
    Click on "Pay" and proceed with online payment options such as UPI, Net Banking, or Debit/Credit Cards.

  5. Receipt Confirmation:
    After payment, download the payment receipt for your records.

Guidelines for National Lok Adalat 2025

  • Limited Slots: Each Lok Adalat Bench can handle a maximum of 1,000 challans.

  • Inclusive for All: Applicable for all types of vehicles, including commercial ones.

  • Mandatory Documents: Carry a valid ID proof, vehicle registration certificate, and a printout of the challan token.

  • Timely Presence: Reach the venue as per the slot timing to avoid delays.

How to Generate NOC for Your Vehicle

If your vehicle has no pending challans, you can generate the No Objection Certificate (NOC) online:

  1. Access the Official Website:
    Go to traffic.delhipolice.gov.in.

  2. Choose ‘Pending Challan and Notice’:
    Click on the "Generate NOC" option.

  3. Enter Vehicle Details:
    Provide your vehicle registration number.

  4. Download NOC:
    Click on "Next" to generate and download the NOC.

Important Tips for Smooth Process

  1. Register Early: Slots fill quickly; complete token registration as soon as possible.

  2. Keep Documents Handy: Prepare vehicle RC, ID proof, and previous challan receipts.

  3. Follow Official Updates: Check the official website for any last-minute changes in schedule.

Conclusion

The National Lok Adalat 2025 presents a valuable opportunity for vehicle owners to clear pending traffic challans efficiently and at discounted rates. By following the above steps, you can complete the registration, download your token, and check the challan status seamlessly. Ensure to register early to avoid last-minute rush and take advantage of this golden chance to resolve your pending traffic dues.

For more updates, keep visiting the official website: traffic.delhipolice.gov.in.

Understanding Section 196 of the Bharatiya Nyaya Sanhita: Promoting Enmity and Acts Prejudicial to Harmony
Civil

Understanding Section 196 of the Bharatiya Nyaya Sanhita: Promoting Enmity and Acts Prejudicial to Harmony

Introduction

India is a diverse country with multiple religions, languages, and cultures coexisting. However, such diversity can sometimes lead to conflicts. Recognizing the potential threats to social harmony, Section 196 of the Bharatiya Nyaya Sanhita (BNS) addresses the promotion of enmity between different groups and actions prejudicial to public peace. This provision aims to maintain harmony by preventing speech, writing, or activities that incite hatred among communities.

What is Section 196 of BNS?

Section 196 prohibits individuals from using spoken or written language, signs, visual representations, electronic communication, or other means to promote disharmony or hatred among groups based on religion, race, language, caste, or community. Additionally, it criminalizes acts that disrupt public tranquillity or train individuals in violence against any group.

Punishment:

  1. Up to three years of imprisonment, a fine, or both.

  2. If the offense occurs inside a place of worship, the punishment extends to five years of imprisonment and a fine.

Legal Text of Section 196

  1. Whoever:
    (a) Promotes or attempts to promote disharmony, hatred, or ill-will between religious, racial, linguistic, or regional groups through words, signs, visible representations, or electronic communication.
    (b) Commits acts prejudicial to the maintenance of harmony that disturb or may disturb public tranquillity.
    (c) Organizes or participates in activities involving criminal force or violence, intending or knowing it is likely to incite violence against any group, thereby causing fear, alarm, or insecurity.
    Shall be punished with imprisonment up to three years, a fine, or both.

  2. Offenses committed in places of worship

    • If the act is committed inside a religious place or during religious ceremonies, the offender shall be punished with imprisonment up to five years and a fine.

Key Interpretations of Section 196

1. Forms of Communication Covered

  1. Spoken or written words (speeches, books, pamphlets, social media posts).

  2. Signs or visible representations (symbols, posters, banners).

  3. Electronic communication (text messages, videos, social media content).

  4. Any other medium used to incite hatred.

2. Types of Acts Prejudicial to Harmony

  1. Public speeches that provoke hatred among different communities.

  2. Organizing protests, rallies, or events that encourage violence.

  3. Spreading false information that fuels communal tensions.

  4. Publishing offensive content targeting specific religious or racial groups.

3. Training and Organizing for Violence

  1. Conducting military-style training for aggression against any community.

  2. Forming groups that promote or engage in violence against specific populations.

  3. Propaganda that encourages attacks or unrest against a group.

Offenses Against Public Tranquillity (Chapter XI of BNS)

Section 196 falls under Chapter XI - Offenses Against Public Tranquillity, which deals with crimes that disturb society’s peace. Such acts, including rioting and hate speech, create fear and instability, harming the social order. Maintaining tranquillity is crucial for a functioning democracy.

Comparison with Section 153A of the IPC

 

Aspect Indian Penal Code (IPC) - Section 153A Bharatiya Nyaya Sanhita (BNS) - Section 196
Grounds Religion, race, language, caste, etc. Religion, race, language, caste, electronic communication, etc.
Punishment Up to 3 years imprisonment or fine Up to 3 years imprisonment or fine
Aggravated Punishment No explicit provision for religious places 5 years imprisonment if committed in a place of worship
Mode of Offense Spoken, written, visible representations Spoken, written, visible representations, electronic communication

 

Enforcement and Challenges in Implementing Section 196

1. Balancing Free Speech and Social Harmony

Ensuring freedom of speech while preventing hate speech is a challenge. There is a risk of misuse of the law to suppress dissenting opinions. Courts must carefully interpret cases to distinguish between criticism and incitement to violence.

2. Misuse for Political Gain

Politicians and groups have sometimes used similar provisions to target rivals, suppress criticism, or settle political scores. Proper guidelines must prevent such misuse.

3. Challenges in Proving Intent

A key element in prosecution is proving the intent behind statements or actions. Courts require clear evidence that the accused sought to create enmity rather than merely expressing an opinion.

4. Regulating Online Hate Speech

Social media has become a major platform for hate speech and misinformation. Enforcing Section 196 against digital offenses requires collaboration between the government and tech companies to track and remove hateful content promptly.

Notable Case Laws on Promoting Enmity

1. Bilal Ahmed Kaloo vs. State of Andhra Pradesh (1997)

  • The Supreme Court ruled that intent to incite violence must be proven beyond reasonable doubt for a conviction under hate speech laws.

2. Manzar Sayeed Khan vs. State of Maharashtra (2007)

  • The Court held that mere criticism does not amount to promoting enmity unless it directly incites violence.

3. Pravasi Bhalai Sangathan vs. Union of India (2014)

  • The case emphasized the need for stricter laws against hate speech, particularly in the digital age.

4. Narendra Kumar Arya vs. State of Rajasthan (2015)

  • Political speeches that incite hatred do not fall under free speech protections.

Real-World Examples of Section 196 Violations

1. Politician’s Hate Speech

A political leader makes an inflammatory speech blaming a religious group for crimes in an area. Following public complaints, authorities investigate, leading to restrictions on the politician’s campaign.

2. Online Hate Campaign

A viral social media post falsely blames a community for an economic crisis, leading to communal tensions. Authorities track the source and take legal action under Section 196.

3. Religious Intolerance in Schools

A university is accused of discriminating against students from a linguistic minority. After an investigation, the administration introduces policies to support linguistic diversity and inclusivity.

The Importance of Section 196 in Modern Society

  1. Prevents Social Unrest: Stops the spread of hatred that can lead to riots and violence.

  2. Promotes Inter-Community Harmony: Encourages peaceful coexistence in a diverse nation.

  3. Regulates Political and Social Conduct: Ensures public figures and media platforms do not incite enmity.

  4. Maintains Law and Order: Protects citizens from hate crimes and violence.

  5. Strengthens Democracy: Ensures all communities feel safe and respected, fostering national unity.

Conclusion

Section 196 of the BNS plays a vital role in preventing enmity and maintaining public harmony. While it safeguards society from hate speech and violence, its enforcement must be balanced to protect freedom of speech. With proper implementation, Section 196 can help build a more inclusive, respectful, and peaceful society.

Can You Sue a Brand for False Advertising in India? A Complete Legal Guide
Consumer Court

Can You Sue a Brand for False Advertising in India? A Complete Legal Guide

Introduction

The influence of advertisements on consumer choices is undeniable. Every day, we are bombarded with advertisements that shape our buying decisions. However, not all advertisements are honest. Many brands make exaggerated claims, conceal important information, or misrepresent facts to lure consumers into buying their products. False advertising can mislead consumers and, in some cases, even cause financial loss or health hazards.

A classic example is the advertising of fairness creams that promise instant skin lightening. Similarly, many health and nutritional supplements claim unrealistic benefits without any scientific backing. In India, the law provides avenues for consumers to take legal action against such misleading advertisements. This guide explains how consumers can hold brands accountable for false advertising, what legal provisions apply, and how to seek justice.

Understanding False Advertising in India

False advertising refers to promotional activities that contain misleading, deceptive, or untrue statements about a product or service. It can take various forms, including:

  • Exaggerated Claims: Promising unrealistic benefits, such as “Get fair in just seven days” or “Lose 10 kg in a month without dieting.”

  • Omissions and Concealment: Hiding crucial information, such as side effects of a medicine.

  • Comparative Misrepresentation: Claiming superiority over competitors without valid proof.

  • Fake Endorsements: Using celebrities or influencers who do not actually use the product.

  • Deceptive Pricing: Displaying fake discounts or hidden charges.

Legal Provisions to Combat False Advertising

There was a time when no comprehensive law existed to regulate misleading advertisements in India. Courts and regulatory authorities addressed complaints on a case-by-case basis. However, today, multiple laws provide remedies against false advertising, including:

  1. Consumer Protection Act, 2019

  2. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

  3. Food Safety and Standards Act, 2006

  4. Cable Television Networks (Regulation) Act, 1995

  5. Insurance Regulatory and Development Authority (IRDA) Regulations

  6. Telecom Regulatory Authority of India (TRAI) Guidelines

  7. Advertising Standards Council of India (ASCI) Regulations

Let’s explore each of these in detail.

Consumer Protection Act, 2019: A Powerful Tool for Consumers

Under the Consumer Protection Act, 2019, a consumer can take action against a brand for false advertising. The Act considers false advertising an unfair trade practice and provides the following remedies:

  • Refund of money equivalent to the product’s price.

  • Compensation for any loss or injury suffered.

  • Corrective advertising orders, where the advertiser is directed to issue a public correction.

  • Punitive damages and litigation costs if the false advertisement caused harm.

A consumer can file a complaint before the Consumer Disputes Redressal Commission at the district, state, or national level, depending on the case’s monetary value.

How to File a Complaint?

To file a case under the Consumer Protection Act, follow these steps:

  1. Gather Evidence: Save copies of advertisements, receipts, and proof of misleading claims.

  2. Draft a Complaint: Include the brand’s name, misleading statements, and the harm caused.

  3. Approach the Consumer Forum: File the complaint with the relevant Consumer Disputes Redressal Commission.

  4. Legal Representation: If needed, consult a consumer rights lawyer.

Other Legal Remedies for False Advertising

1. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

This Act prohibits misleading advertisements related to drugs, medicines, and magic remedies. If a brand falsely claims that a product can cure an illness, consumers can file complaints under this law.

2. Food Safety and Standards Act, 2006

The Food Safety and Standards Authority of India (FSSAI) regulates food advertisements. If a food product claims to have health benefits without scientific backing, action can be taken under this Act.

3. Cable Television Networks (Regulation) Act, 1995

This Act regulates misleading advertisements on TV channels. The Ministry of Information and Broadcasting monitors ads that violate advertising guidelines.

4. Insurance Regulatory and Development Authority (IRDA) Regulations

If an insurance company misrepresents policy benefits, consumers can file complaints with IRDA.

5. Telecom Regulatory Authority of India (TRAI) Guidelines

Misleading offers by telecom companies fall under TRAI regulations. Customers can complain to TRAI for deceptive mobile recharge plans or broadband advertisements.

Advertising Standards Council of India (ASCI): A Self-Regulatory Body

The Advertising Standards Council of India (ASCI) monitors advertisements to ensure ethical standards. Consumers can file complaints against misleading advertisements through ASCI. Although ASCI does not impose legal penalties, it can direct advertisers to withdraw misleading ads.

How to File a Complaint with ASCI?

You can submit a complaint in the following ways:

  • Online: Visit www.ascionline.org and fill out the complaint form.

  • Email: Send an email to asci@vsnl.com.

  • Call: Dial 022-23513982 (Mumbai office) or 1-800-22-2724 (toll-free number).

  • Post: Write to The Secretary-General, ASCI, 219 Bombay Market, Tardeo, Mumbai 400034.

Who Can File a Complaint?

  • Any consumer affected by misleading advertisements.

  • Government authorities and consumer organizations.

  • Competitor brands.

  • Suo moto complaints from ASCI members.

Landmark Cases on False Advertising in India

1. HUL vs. Emami (Fairness Creams Dispute)

Two major brands, Hindustan Unilever Limited (HUL) and Emami, had a legal dispute over fairness cream advertisements. HUL accused Emami of misleading claims, and the case highlighted the need for stricter advertising regulations.

2. Patanjali vs. FSSAI (Misleading Health Claims)

Patanjali Ayurved was accused of making misleading claims about its food and medicine products. The FSSAI intervened and took action against the brand.

3. Nestlé Maggi Ban (Misrepresentation of Ingredients)

Nestlé India’s Maggi noodles were banned in 2015 due to misleading claims about lead content. This case set a precedent for stricter food advertising regulations.

Conclusion: Protecting Consumer Rights Against False Advertising

False advertising is a growing concern in India, affecting consumers' financial and health well-being. However, legal provisions empower consumers to take action against deceptive brands. If you have been misled by false advertisements, you can seek justice through:

  • Consumer Protection Act, 2019 (monetary compensation and corrective ads)

  • ASCI complaint (removal of misleading ads)

  • Industry-specific regulators (FSSAI, IRDA, TRAI, etc.)

  • Legal action in consumer courts

Always stay vigilant while purchasing products and be aware of your legal rights as a consumer. Misleading advertisements should not go unchecked—empower yourself and take action!

Need Legal Help? Consult a top civil lawyer in India to guide you through false advertising claims and consumer protection laws.

How to Download TAN Online? A Step-by-Step Guide
Tax

How to Download TAN Online? A Step-by-Step Guide

Introduction

Tax Deduction and Collection Account Number (TAN) is a crucial identifier for individuals and businesses involved in tax deduction at source (TDS) or tax collection at source (TCS) in India. Issued by the Income Tax Department, TAN is a 10-digit alphanumeric code required for tax compliance. Without a valid TAN, banks do not accept TDS and TCS challans, making it an essential part of financial transactions.

In this guide, we will walk you through the process of downloading your TAN online, ensuring a smooth and hassle-free experience. Whether you have applied for TAN or need to retrieve an existing one, this step-by-step guide will provide all the necessary details.

What is TAN?

TAN, short for Tax Deduction and Collection Account Number, is issued to entities required to deduct or collect tax at source. It is mandatory for businesses, government departments, and individuals responsible for deducting tax before making payments. TAN is necessary for:

  1. Filing TDS and TCS returns

  2. Issuing TDS and TCS certificates

  3. Depositing tax with banks

  4. Ensuring compliance with Section 203A of the Income Tax Act, 1961

Failure to quote TAN in TDS-related documents may result in a penalty of Rs. 10,000. Hence, having a valid TAN is essential for tax compliance.

How to Download a TAN Certificate Online?

If you have already applied for TAN and need to download your certificate, follow these steps:

Step 1: Visit the Official Website

Step 2: Access the 'Know Your TAN' Section

  • Click on 'Know Your TAN' under the services section.

Step 3: Enter Required Details

  • Choose the 'TAN Search' option.

  • Provide details such as:

    1. Name of the deductor (Company, Individual, Government, etc.)

    2. Category of Deductor (Company, Government Department, Individual, etc.)

    3. State of Business Operations

    4. Mobile Number for OTP Verification

Step 4: Verify Your Identity

  1. Click on 'Continue' to receive a One-Time Password (OTP) on your registered mobile number.

  2. Enter the OTP and click 'Validate'.

Step 5: Download Your TAN

  • Once validated, your TAN details will be displayed on the screen.

  • Download the TAN Certificate as a PDF file for future reference.

How to Register for a New TAN?

If you do not have a TAN, you must first register and apply for one before downloading it. Follow these steps to apply for TAN:

Step 1: Visit the Income Tax Portal

Step 2: Fill Form 49B

  • Click on 'New TAN Registration'

  • Fill Form 49B with required details, including:

    1. Deductor Type (Individual, HUF, Company, Government Department, etc.)

    2. Name and Address

    3. PAN details

    4. Existing TAN (if any)

    5. Contact Information

Step 3: Select Payment Method

  1. Choose a suitable payment method for processing the TAN application.

  2. Pay the necessary application fee online.

Step 4: Submit the Application

  1. Click 'Submit' to complete the registration process.

  2. You will receive an acknowledgment number for tracking your application.

Step 5: TAN Issuance

  • The Income Tax Department will process the application and issue TAN within 15 business days.

Offline TAN Application

If you prefer an offline method, follow these steps:

  1. Visit a nearby TIN Facilitation Center.

  2. Obtain Form 49B or download it from the Income Tax website.

  3. Fill in the required details manually.

  4. Submit the form along with the applicable fee.

  5. Receive your TAN by post or collect it from the TIN center.

How to Find TAN Jurisdiction Office?

Knowing your TAN Jurisdiction Office is essential for tax-related queries and compliance.

  1. Visit the Income Tax e-Filing Portal.

  2. Click on 'Crucial Links' > 'Jurisdiction'.

  3. Select your State.

  4. Download the jurisdiction PDF file.

  5. Find the TAN jurisdiction office name in the list.

Importance of TAN in Tax Compliance

TAN plays a vital role in ensuring compliance with tax laws. Key benefits include:

  • Legal Compliance: Mandatory for deducting and collecting taxes.

  • Smooth Banking Transactions: Required for TDS/TCS payments.

  • Avoiding Penalties: Failure to use TAN may result in fines.

  • Ease of Tax Filing: Simplifies tax return submission and reconciliation.

Conclusion

Downloading TAN online is a straightforward process that ensures tax compliance and smooth financial operations. Whether you need to retrieve an existing TAN or apply for a new one, the Income Tax e-Filing Portal provides a seamless way to access TAN-related services.

By following the steps mentioned in this guide, you can easily download your TAN, check your jurisdiction, and apply for a new TAN without hassle. Ensure that you comply with tax regulations to avoid penalties and streamline your tax-related processes.