10 Common Misconceptions About Indian Law
The Indian legal system, rooted in centuries of legislation, customs, and constitutional evolution, governs the lives of over 1.4 billion citizens.
Yet, widespread misinformation and legal illiteracy have led to numerous misconceptions that distort public understanding of basic rights, responsibilities, and procedures. In this article, we debunk ten of the most common myths about Indian law that every citizen should be aware of.
1. Myth: Carrying an Aadhaar Card is Mandatory at All Times
Reality:
Aadhaar is not mandatory for every service. While it’s required for welfare subsidies, you are not legally obligated to carry it at all times or present it to private entities unless the law mandates it.
Legal Reference:
The Aadhaar and Other Laws (Amendment) Act, 2019 confirms that Aadhaar usage is voluntary for most purposes. Forcing someone to share Aadhaar without legal backing is unlawful.
2. Myth: Live-in Relationships Are Illegal in India
Reality:
Live-in relationships between consenting adults are legal. The judiciary has consistently upheld the right of two adults to cohabit without marriage under the constitutional right to life and liberty.
Legal Reference:
In Lata Singh vs State of UP (2006) and later in Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court validated live-in arrangements, ensuring protection under Domestic Violence Act, 2005, for women in such relationships.(Top legal misconceptions in India)
3. Myth: Police Must Register an FIR for Any Complaint
Reality:
Police are required to register an FIR only for cognizable offenses, which include serious crimes like murder, rape, or kidnapping. For non-cognizable offenses, such as defamation or verbal abuse, they may refer the complainant to a magistrate.
Legal Reference:
In Lalita Kumari vs Govt. of UP (2013), the Supreme Court made FIR registration compulsory for cognizable offenses but acknowledged police discretion in non-cognizable cases.
4. Myth: You Can Be Arrested Without a Warrant for Any Crime
Reality:
Police can arrest without a warrant only in cognizable cases where immediate action is necessary. Non-cognizable offenses require prior permission from a magistrate.
Legal Reference:
Section 41 of the Criminal Procedure Code (CrPC) provides the conditions under which warrantless arrests can be made. In minor offenses, arrest without following due process violates fundamental rights.
5. Myth: Minors Are Exempt from Criminal law defenses in IPC
Reality:
While minors are protected under juvenile laws, they are not immune. Juveniles aged between 16 and 18 years, if accused of heinous crimes like murder or rape, can be tried as adults after a preliminary assessment.
Legal Reference:
The Juvenile Justice (Care and Protection of Children) Act, 2015 permits the trial of juveniles as adults in grave cases, following evaluation by the Juvenile Justice Board.
6. Myth: Dowry Is Legal If Given Willingly
Reality:
Dowry, whether given willingly or under pressure, is illegal. Any valuable exchange in connection with marriage can be considered dowry and is punishable under Indian law.
Legal Reference:
The Dowry Prohibition Act, 1961, criminalizes both giving and receiving dowry. Violators face imprisonment of up to five years and a hefty fine.
7. Myth: A Husband Cannot Be Charged With Rape of His Wife
Reality:
As per current Indian law, marital rape is not recognized unless the wife is under 18 years of age. This exception has drawn criticism and calls for reform from civil society and legal experts.
Legal Reference:
Section 375 of the Indian Penal Code (IPC) excludes marital rape, except for minor wives. However, pending petitions and judicial debates suggest that a legal change may be imminent.
8. Myth: Verbal Abuse Is Not a Legal Offense
Reality:
Verbal abuse can be punished under several provisions of the IPC. Depending on the language used and the intent, it may constitute a criminal offense.
Legal Reference:
Sections like 294 (obscene acts), 504 (intentional insult), and 509 (insulting a woman’s modesty) can apply. These offenses may carry fines or jail terms depending on severity and context.
9. Myth: You Don’t Need a Lawyer for Court Marriage
Reality:
Though the Special Marriage Act, 1954 allows individuals to self-initiate court marriages, legal guidance is recommended. Minor mistakes in documentation or witness availability can delay or cancel proceedings.
Legal Reference:
This Act requires a 30-day notice period, verified documentation, and the presence of three witnesses. A lawyer ensures legal compliance and smooth execution.
10. Myth: Ignorance of Law Is an Acceptable Excuse
Reality:
Ignorance of the law does not excuse violations. Citizens are expected to be aware of applicable laws, and claiming unawareness will not prevent penalties.
Legal Reference:
The principle “Ignorantia juris non excusat” (ignorance of the law is no excuse) is followed in India to maintain fairness and legal certainty.
Why Legal awareness for Indian citizens is Crucial
India is a democracy where the rule of law is supreme. Despite this, a large segment of the population lacks basic legal knowledge. Legal ignorance can lead to:
- Loss of personal liberty or property
- Exploitation by authorities or individuals
- Inability to defend one’s rights or access justice
Promoting legal awareness for Indian citizens ensure that citizens are empowered, rights are protected, and democratic systems function more efficiently.
Key Recommendations:
- Read simplified versions of major laws
- Follow verified legal resources or government portals
- Attend legal aid camps or workshops in your locality
- Avoid Mistake of fact in Indian law
Quick Comparison Table:Common misconceptions about Indian law
| Feature | Cognizable Offense | Non-Cognizable Offense |
|---|---|---|
| Examples | Murder, Rape, Theft | Defamation, Public Nuisance |
| FIR Required? | Yes | Not directly; court permission needed |
| Police Arrest Without Warrant? | Yes | No |
| Investigation Starts? | Immediately | After magistrate approval |
Common Legal Protections You Might Not Know
| Legal Right | Law/Provision |
|---|---|
| Right to File an FIR | Section 154 CrPC |
| Right to Legal Aid | Article 39A of Constitution, Legal Services Authorities Act |
| Right Against Arbitrary Arrest | Article 22, Section 41A CrPC |
| Right to Privacy and Dignity | Article 21 |
| Protection Against Domestic Violence | Protection of Women from Domestic Violence Act, 2005 |
Final Thoughts:Legal awareness for Indian citizens
Understanding the truth behind Indian legal myths isn’t just about knowledge—it’s about empowerment. Misconceptions often lead to unnecessary fear or abuse of rights. By debunking these myths, we encourage every Indian citizen to know the law, respect it, and use it to safeguard their freedoms.
Let this article serve as your first step toward legal awareness. Consult reliable legal professionals, follow verified sources, and spread the word—because an informed citizen is the strongest pillar of democracy.
Further Reading:
- Legal/Criminal Rights of Consumers in India (2025 Update)
- 7 Powerful Ways the Digital India Act Will Impact Entrepreneurs in 2025
- 3 important Intellectual property rights:Copyright vs Patent vs Trademark
Frequently Asked Questions (FAQs)
Q. Law facts everyone should know
You can file an FIR at any police station and have the right to legal aid.
Q. What is mistake of fact in Indian law?
It refers to actions done under a false belief, without criminal intent.
Q. What is mistake under Section 76 and 79?
They protect acts done by mistake in good faith believing them lawful or under legal duty.
Q. What are the different types of mistakes in law?
Mistake of fact and mistake of law are the two main types recognized in Indian law.
Q. What are some unjust laws in India?
Marital rape exemption and sedition law are often criticized as outdated and unjust.
Q. What is Section 99 of the IPC?
It limits the right to private defense if excessive force or retaliation is used.