India is a land rich in culture, traditions—and unfortunately, legal myths. While our legal system has evolved significantly, many Indians continue to believe in outdated, incorrect, or misrepresented legal facts. This gap between what the law actually states and what people assume can lead to confusion, injustice, and missed opportunities for justice. From FIR filing to property rights, myths abound. Understanding and busting these legal myths is crucial for empowering citizens and ensuring a fair society. In this blog, we’ll debunk common legal myths Indians still believe—and explain the truth behind the fiction.
Myth 1: “Police Can’t Refuse to File an FIR”
One of the most common legal myths in India is that the police are bound to register an FIR in every case. While it’s true that under Section 154 of the Criminal Procedure Code (CrPC), police must register an FIR for cognizable offences—like murder, rape, or kidnapping—the same does not apply to non-cognizable offences such as defamation or public nuisance.
In cases of non-cognizable offences, the police can legally refuse to file an FIR and may instead direct the complainant to a magistrate. However, what people often overlook is that even if the police refuse to file a cognizable FIR wrongfully, the victim has the right to escalate the matter by:
- Writing to the Superintendent of Police (SP)
- Approaching the Magistrate under Section 156(3) of the CrPC
This myth has persisted due to a lack of awareness about different types of offences and the procedure around them. To challenge such legal myths, it’s essential to educate citizens about their rights and the proper channels of legal redressal.
Understanding the distinction between the types of offences and the actual responsibility of the police helps dismantle this long-standing legal myth and brings clarity to the public.
Myth 2: “A Verbal Agreement Has No Legal Value”
Another widespread legal myth in India is that only written contracts are enforceable by law, and verbal agreements hold no legal weight. This belief couldn’t be further from the truth. As per the Indian Contract Act, 1872, both oral and written agreements are valid and legally binding, provided they fulfill the essential elements of a contract: offer, acceptance, lawful consideration, and the intention to create legal relations.
Verbal agreements are especially common in day-to-day transactions—whether it’s hiring a contractor, renting a property informally, or lending money to a friend. While it’s always advisable to document agreements in writing for clarity and proof, a verbal contract is still enforceable in court if sufficient evidence, such as witnesses or conduct of the parties, can be provided.
This legal myth continues to mislead people, leading to lost opportunities for justice or accountability. It’s important to note, however, that certain types of contracts (like those involving the sale of immovable property) must be in writing to be valid. But for most other agreements, verbal consent holds significant legal standing.
Dispelling such legal myths is vital for empowering individuals—especially in rural areas or informal sectors—where written agreements are not the norm.
Myth 3: “Live-In Relationships Are Illegal in India”
Among the most persistent legal myths in Indian society is the notion that live-in relationships are illegal or immoral under the law. While social taboos and conservative mindsets continue to shape opinions, the Indian judiciary has clarified time and again that live-in relationships are not illegal.
The Supreme Court of India has upheld the legality of live-in relationships between consenting adults, recognizing them under the right to life and personal liberty under Article 21 of the Indian Constitution. In several landmark judgments, the Court has ruled that couples living together without being married are entitled to similar rights as a legally wedded couple, especially in terms of protection from domestic violence and maintenance under the Protection of Women from Domestic Violence Act, 2005.
Further, children born out of such relationships are considered legitimate and have inheritance rights under Hindu personal law. Despite these clear judicial interpretations, this legal myth continues to create social stigma and often discourages couples from seeking legal protection when needed.
Busting such legal myths is crucial to ensuring that citizens are not denied their fundamental rights due to misinformation or outdated beliefs.
Myth 4: “Only Men Can Be Prosecuted for Sexual Harassment”
A deeply rooted legal myth in Indian society is that only men can be prosecuted for acts of sexual harassment. This belief stems from the gender-specific language of laws like Section 354A of the Indian Penal Code (IPC), which typically frame men as perpetrators and women as victims. However, this doesn’t mean that the law completely ignores other dynamics.
While it’s true that the IPC currently recognizes sexual harassment as a crime committed by a man against a woman, Indian workplaces are governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the POSH Act, which is specifically designed to protect women employees. But this focus on women has led to the legal myth that men or members of the LGBTQIA+ community cannot be victims—or that women cannot be perpetrators.
Some private organizations and institutions have implemented gender-neutral policies to address such concerns. Moreover, in recent times, Indian courts have acknowledged that sexual harassment is not a gender-exclusive offence and have called for inclusive laws. Still, the criminal justice system remains limited in scope, thereby reinforcing this legal myth.
Awareness, policy reform, and legal evolution are necessary to challenge and ultimately eradicate such legal myths, ensuring justice and dignity for all genders.
Myth 5: “You Must Always Carry a Driving License in Original”
A common legal myth among Indian drivers is that they must always carry their original physical driving license, registration certificate (RC), and insurance papers while driving. Many fear that if they fail to produce the original documents, they’ll be fined or have their vehicle seized by traffic police. However, this is no longer accurate.
The Ministry of Road Transport and Highways (MoRTH) has issued guidelines under the Motor Vehicles (Amendment) Act, 2019, which explicitly state that digital documents stored in DigiLocker or the mParivahan app are legally valid and can be shown to traffic authorities when asked. These platforms are recognized under the Information Technology Act, 2000, making digital documents equivalent to their physical counterparts.
Despite clear government directives, this outdated belief continues to cause unnecessary panic during traffic checks and leads to avoidable harassment by uninformed authorities. This is a textbook example of how legal myths persist even after technological and legal advancements.
Dispelling such legal myths is especially important in today’s digital India, where initiatives like DigiLocker aim to reduce paperwork and improve ease of access to important documents. So, the next time you’re on the road, remember: a valid digital license is just as good as the original.
Myth 6: “Cheque Bounce Cases Are Criminal Offences Only”
One of the most confusing legal myths in India is the belief that cheque bounce cases are purely criminal in nature and automatically lead to arrest or imprisonment. While cheque bounce is indeed treated seriously under Section 138 of the Negotiable Instruments Act, 1881, it’s important to understand that the law provides for both civil and criminal remedies, depending on the circumstances.
When a cheque bounces due to insufficient funds, the payee can send a legal notice to the drawer within 30 days of receiving the dishonored cheque. If the drawer fails to pay within 15 days of the notice, the payee can initiate criminal proceedings. However, the primary objective of this law is not to punish but to recover the amount due.
What people often forget is that a cheque bounce case can also be pursued as a civil matter to claim damages or recover the money through a money recovery suit. Many people panic or take extreme steps thinking they’ll be jailed immediately, but courts often give multiple chances for settlement or compensation.
This misunderstanding fuels the legal myth and leads to unnecessary fear, over-litigation, or even misuse of the provision. Educating people about the dual nature—civil and criminal—of cheque bounce laws can help dissolve this persistent legal myth, making legal recovery processes more rational and fair.
Myth 7: “A Wife Can Never Be Asked to Leave the Matrimonial Home”
This is one of the most emotionally charged legal myths in Indian society. Many people believe that under no circumstances can a wife be asked to leave the matrimonial home, irrespective of the situation. While Indian law does provide strong protection for a wife’s right to residence, the assumption that this right is absolute is a misconception.
Under the Protection of Women from Domestic Violence Act, 2005, a woman has the right to reside in the shared household, regardless of whether she owns the property or not. However, this right is subject to certain legal conditions. For example, if the wife is abusive or has been proven to endanger the lives of other household members, the court may restrain her from entering the home for safety reasons.
Moreover, if the matrimonial home does not belong to the husband (e.g., it’s the property of in-laws), courts have held in some cases that the woman may not have an automatic right to reside there. Also, during divorce proceedings or legal separation, courts may order alternative accommodation instead of continued residence in the same home, depending on the facts of the case.
This complex reality is often overlooked, leading to the false belief that a wife can never be asked to leave under any circumstance. Like many other legal myths, this one stems from a partial understanding of women’s rights and protections, and ignoring the discretion of the court.
To build a just and balanced understanding of matrimonial rights, it’s essential to debunk such legal myths and rely on case-specific legal interpretations rather than general assumptions.
Myth 8: “If You Don’t Have a Will, Property Goes to the Government”
One of the most widespread legal myths among Indians is the belief that if a person dies without writing a will, their property automatically goes to the government. This is far from the truth. Indian law has well-established rules for intestate succession—that is, when someone dies without a will.
In such cases, the deceased’s property is distributed among their legal heirs as per their personal laws—Hindu, Muslim, Christian, Parsi, etc. For Hindus (including Buddhists, Jains, and Sikhs), the Hindu Succession Act, 1956 applies. Legal heirs such as spouses, children, and parents usually inherit the assets according to a prescribed hierarchy. Muslims follow their own personal law (Sharia), which also has detailed inheritance rules.
Property is only claimed by the government (a process called escheat) when a person dies without any legal heirs, which is extremely rare. This legal myth often results in unnecessary fear, hasty transfers, or even exploitation of widows and orphans due to misinformation.
To counter this legal myth, citizens should be encouraged to write a will for clarity and avoid future disputes. But in the absence of one, the law still protects the rights of family members. Understanding how intestate succession works is crucial to ensuring justice and preventing manipulation in property matters.
Myth 9: “Minor’s Consent is Enough for Marriage”
One of the most dangerous legal myths still prevalent in parts of India is the belief that if a minor consents to marriage, it becomes legally valid. This assumption is not only incorrect but also harmful, as it encourages child marriages under the guise of mutual consent.
Under the Prohibition of Child Marriage Act, 2006, the legal age of marriage is 18 years for females and 21 years for males. Any marriage involving a person below this age is voidable and can be annulled upon petition by the minor, even after reaching majority. In certain severe cases—especially where force, fraud, or trafficking is involved—the marriage can be declared void ab initio, meaning it is considered to have never existed in law.
The law clearly states that a minor cannot give valid consent for marriage. Consent of the child, no matter how voluntary it may appear, holds no legal weight. Moreover, promoting or solemnizing child marriages is a punishable offence under this Act, and offenders—including family members, priests, or community leaders—can face imprisonment and fines.
This legal myth continues to thrive in rural and traditional communities where early marriage is still practiced. Breaking this myth is not just about legal awareness—it’s about protecting the health, education, and autonomy of young individuals.
To safeguard future generations, it’s critical that this and other legal myths are addressed through education, enforcement, and community outreach.
Myth 10: “You Can’t Be Arrested Without a Warrant”
A commonly believed but incorrect legal myth in India is that the police need a warrant to arrest someone in all circumstances. While this may seem like a fair assumption based on popular media or cinematic portrayals, the reality is more nuanced under Indian law.
According to Section 41 of the Criminal Procedure Code (CrPC), 1973, a police officer can arrest a person without a warrant if the person is accused of committing a cognizable offence—serious crimes such as murder, rape, theft, kidnapping, etc., where police are empowered to act without prior court approval. The idea is to enable swift action and prevent the accused from fleeing, tampering with evidence, or causing further harm.
However, for non-cognizable offences (like public nuisance, verbal abuse, or defamation), a warrant from a magistrate is mandatory before an arrest can be made. Courts have also emphasized that arrests must not be arbitrary, and proper justification must be recorded by the police for each arrest. The Supreme Court of India has issued guidelines ensuring safeguards like informing the accused of their rights and allowing access to legal counsel.
Despite clear legal frameworks, this legal myth prevails among citizens and sometimes even leads to resistance during lawful arrests. It’s important to understand that the presence or absence of a warrant depends on the nature of the offence and the urgency involved.
Debunking such legal myths is essential to fostering respect for due process, avoiding unnecessary conflict with law enforcement, and ensuring that both rights and responsibilities are well understood by the public.
The Cultural Roots Behind Legal Myths
To truly understand why legal myths continue to persist in Indian society, we must examine the cultural, social, and historical roots that allow them to thrive. India is a country of deep traditions, generational wisdom, and oral storytelling. While these elements make our cultural fabric rich and unique, they also contribute to the widespread circulation of half-truths and outdated beliefs—especially when it comes to the law.
Many families rely on advice from elders, community leaders, or unverified sources rather than consulting legal professionals. For generations, legal knowledge has been seen as something only lawyers or the elite should understand, leaving common people vulnerable to legal myths passed down through word of mouth. A relative’s experience in a 1980s land dispute may still be quoted as legal gospel in 2025, even if the law has long changed.
Patriarchal norms, lack of legal education in schools, religious customs, and sensational media coverage further reinforce these legal myths. For example, child marriage in some areas is still considered acceptable due to long-standing customs—even though it’s a punishable offence under modern Indian law.
Moreover, films and TV shows often depict laws inaccurately for dramatic effect, influencing public perception. Police slapping handcuffs without reason, landlords throwing tenants out overnight, or courts delivering dramatic monologues within minutes—such portrayals blur the lines between fact and fiction.
Addressing the cultural roots of legal myths requires more than just correcting facts—it demands a shift in mindset, increased access to legal literacy, and inclusive public discourse where law becomes a subject of empowerment, not fear or formality.
How Legal Awareness Can Empower Citizens
- Legal awareness is essential, especially in a diverse and densely populated country like India where legal myths often spread due to lack of knowledge.
- Educating citizens about their rights, duties, and legal remedies helps them break free from fear and misinformation.
- Informed individuals are less likely to be manipulated by false claims or intimidated by authorities.
- Example: Knowing that FIRs can be filed online or digital documents are valid can prevent unnecessary harassment.
- Understanding basic legal rights helps individuals challenge social stigmas:
- Like knowing that live-in relationships are legal or that both men and women can claim maintenance.
- Legal knowledge empowers citizens to question outdated practices such as:
- Child marriage, dowry, or local muscle-based property settlements.
- Awareness boosts governance as informed people demand accountability from police, courts, and government agencies.
- Tools that promote legal awareness include:
- Community legal literacy programs
- Simplified legal content in regional languages
- Social media legal awareness campaigns
- Grassroots legal aid services
- Making legal concepts accessible and relatable is key to eliminating deep-rooted legal myths.
- A legally aware citizen is a powerful agent of change, contributing to a just, informed, and rights-based society.
Conclusion
Legal myths are more than just misunderstandings—they can lead to injustice, exploitation, and loss of rights. From assuming verbal agreements are worthless to fearing arrest without a warrant, these misconceptions reflect a lack of legal literacy in our society. It’s time to question hearsay, seek accurate information, and educate ourselves and others. Legal empowerment begins with awareness and action. By challenging these long-held beliefs, we move toward a more just and informed India. Stay updated, stay aware, and for more simplified legal knowledge, follow trusted platforms like Law Ki Baat—where the law speaks your language.
