Let’s face it, it’s hard to understand legalese. And even though you may religiously read the news, the sections of law mentioned in stories might just go over your head.
To make things a little bit easier (and interesting), a Twitter account by ‘Nyaaya’, is making Indian law much more accessible and relatable – by applying it in iconic Bollywood film scenes. Nyaaya is an initiative of Vidhi Centre for Legal Policy that seeks to assist everyone to understand and deal with everyday legal problems.
Take for instance the 1993 Shah Rukh Khan and Kajol starrer Baazigar, which was also Shilpa Shetty’s debut film. In one scene, Shah Rukh Khan kills Shilpa Shetty by making her fall off of a high rise building. He was avenging his father, who was cheated by Shilpa Shetty’s father.
Nyaaya uses this scene to explain the difference between culpable homicide, and murder, the deciding factor being the certainty of death. After discussing he act, Nyaaya says, "In Baazigar, it is murder, because there is both Mens Rea as well as Actus Reus. Mens Rea means the intention behind the act. Actus Reus is the actual conduct of the act. Both these factors exist here. He knew that throwing her from a height to the concrete would kill her. "
Explaining that the distinction between munrder and culpable homicide is delicate, Nyaaya says, "With a few differences, this could have been culpable homicide. If he pushed her in the spur of the moment, without intending to throw her off, and she fell down, then it may not be murder."
#LawinMovies #Murder Remember that scene in #Baazigar where @iamsrk throws @TheShilpaShetty off the balcony? Was that murder? Or was it culpable homicide? pic.twitter.com/eMqKs6IjLM
— Nyaaya (@NyaayaIN) August 3, 2018
All murders are culpable homicides, but the reverse is not true. S.300 of the IPC mentions 4 conditions for murder https://t.co/LSGn3oNKW7
— Nyaaya (@NyaayaIN) August 3, 2018
The main difference is the degree of certainty of death. It depends on the probability of whether the act will lead to death.
— Nyaaya (@NyaayaIN) August 3, 2018
In Baazigar, it is murder, because there is both Mens Rea as well as Actus Reus. Mens Rea means the intention behind the act. Actus Reus is the actual conduct of the act. Both these factors exist here. He knew that throwing her from a height to the concrete would kill her.
— Nyaaya (@NyaayaIN) August 3, 2018
We can also see that he had planned this act in detail. Finally, he did go through with the act as planned.
— Nyaaya (@NyaayaIN) August 3, 2018
With a few differences, this could have been culpable homicide. If he pushed her in the spur of the moment, without intending to throw her off, and she fell down, then it may not be murder.
— Nyaaya (@NyaayaIN) August 3, 2018
Also if he had thrown her in a pool which he believes is not deep enough to kill someone then it would have been culpable homicide.
— Nyaaya (@NyaayaIN) August 3, 2018
The distinction is delicate, and this is usually decided on a case to case basis.
— Nyaaya (@NyaayaIN) August 3, 2018
With the hashtag #LawInFilms, Nyaaya has broken down several scenes from Hindi films to explain what they would mean from the law’s point of view. The iconic song ‘Chaiyaan Chaiyaan’ for instance, would actually be illegal because “Section 156 of the Railways Act makes it very clear that traveling on the roof or any other part of the train that is not intended for passengers is punishable.”
#LawinMovies Remember "Chaiyya Chaiyya" in Dil Se, when @iamsrk, Malaika Arora Khan and a bunch of others are dancing on the roof of the train? Sure looks like a lot of fun. But the law doesn't think so. pic.twitter.com/CrD0sN0poR
— Nyaaya (@NyaayaIN) July 24, 2018
So, check out Section 156 of the Railways Act. Makes it very clear that traveling on the roof or any other part of the train that is not intended for passengers is punishable. We assume that "traveling" includes dancing on the roof as well! pic.twitter.com/IF0PRIaPDs
— Nyaaya (@NyaayaIN) July 24, 2018
Further, the law has a provision for first warning. Basically, if you are doing shenanigans on the roof, you can't be punished immediately. You will be first be warned, and if you still persist, then you can be punished.
— Nyaaya (@NyaayaIN) July 24, 2018
So legally, the "Chaiyya Chaiyaa" gang is safe, since there is no scene showing them being given a warning for dancing on the train.
— Nyaaya (@NyaayaIN) July 24, 2018
FYI, if you plan to try this out, the punishment is fine of 500 rupees or going to jail for three months, or both.
— Nyaaya (@NyaayaIN) July 24, 2018
And here, Nyaaya even answered a query about whether the wedding between Nisha (Madhuri Dixit) and her brother-in-law (Salmaan Khan) in Hum Aapke Hain Kaun would be legal, under the Hindu Marriage Act.
#LawinMovies
— Nyaaya (@NyaayaIN) June 27, 2018
Hey, so we did some research on this. Technically the Nisha thing in Hum Aapke Hain Kaun is not a problem. We will explain why. Read on. pic.twitter.com/KJCqHhgbiz
Check out Section 3(g)(iii) of the Hindu Marriage Act. Section 3 talks about degrees of prohibited relationships. It's a pain to read but we will explain it! https://t.co/sAzl6NX0LV pic.twitter.com/zeCyS4GNH4
— Nyaaya (@NyaayaIN) June 27, 2018
So basically, the provision says that a “Wife cannot marry the brother of her husband”. But it isn’t vice versa, it doesn’t say that the husband cannot marry the sister of his wife
— Nyaaya (@NyaayaIN) June 27, 2018
Basically as per Section 3(g)(iii) a man cannot marry
— Nyaaya (@NyaayaIN) June 27, 2018
i) His brother’s wife (sister-in-law)
ii)His father’s brother’s wife (Aunt)
iii) His mother’s brother’s wife (Aunt)
iv)His grandfather’s brother’s wife (Grandaunt)
v) His grandmother’s brother’s wife (grandaunt)
Oh, and all the fights you see in public in Indian films, including Bollywood? Illegal, although with a measly fine of up to Rs 100 and up to a month in jail.
#LawinMovies #Bollywood Good Morning Twitter folk! Today we are going to look at some of the laws in the movie Josh. pic.twitter.com/GhIJfJXL5w
— Nyaaya (@NyaayaIN) August 25, 2017
The first thing you notice is how everyone fights in public! very common in the movies. Maybe they don't know about Affray. pic.twitter.com/vGtHJNaxb0
— Nyaaya (@NyaayaIN) August 25, 2017
It means when two or more people fight in a public place and cause a disturbance. https://t.co/CFYdsHPOLH
— Nyaaya (@NyaayaIN) August 25, 2017
The fine for this can go up to hundred rupees along with one month in jail! which may be why no one seems to care! https://t.co/3WX5esYN6h
— Nyaaya (@NyaayaIN) August 25, 2017
The climax shows Max, going on trial for the murder of Prakash. He had the gun, and the motives and it seemed he would surely be convicted.
— Nyaaya (@NyaayaIN) August 25, 2017
But no, Prakash's brother reveals that Prakash was planning to kill Max and was shot in self-defense. This changes everything!
— Nyaaya (@NyaayaIN) August 25, 2017
There are certain exceptions to murder. It is not murder if the death was caused by a person defending herself or her property.
— Nyaaya (@NyaayaIN) August 25, 2017
There are 5 exceptions in total, read our guide to understand this better https://t.co/h28uG1t4az
— Nyaaya (@NyaayaIN) August 25, 2017
Nyaaya even deals with pertinent issues like stalking, which continues to be shown in films as a legitimate means of expressing and pursuing a love interest, teen pregnancy, and abortion.
#LawinMovies Rahul in Darr is one of the most famous obsessed #bollywood stalkers of all time. What does the #Law say about his behavior? pic.twitter.com/eaJNe5MEau
— Nyaaya (@NyaayaIN) May 25, 2017
This is how the law defines stalking pic.twitter.com/ayctsJXwkg
— Nyaaya (@NyaayaIN) May 25, 2017
He keeps calling Kiran even though she makes it clear that she doesn’t want him to contact her at all. pic.twitter.com/T1ZTY8hhsN
— Nyaaya (@NyaayaIN) May 25, 2017
He even gatecrashes her family's Holi Party, hidden by Holi colours. pic.twitter.com/hGvw2CbcfX
— Nyaaya (@NyaayaIN) May 25, 2017
This behavior could get him 5 years in Jail, as he is a repeat offender. https://t.co/EawlyV5cGS
— Nyaaya (@NyaayaIN) May 25, 2017
In his jealousy, He even tries to kill Kiran's boyfriend, which is a separate crime in itself! https://t.co/p4LenYbTnN
— Nyaaya (@NyaayaIN) May 25, 2017
#LawinMovies #Abortion
— Nyaaya (@NyaayaIN) May 31, 2017
In the movie Kya Kehna, the main plot point revolved around Priya (Preity Zinta) as an unwed teenage mother. pic.twitter.com/mQYa0NjYnJ
When she finds out that she is pregnant, her family tries to convince her to abort the child, as they are worried about the social backlash. pic.twitter.com/pqAFu0UMTA
— Nyaaya (@NyaayaIN) May 31, 2017
But she decides to keep the child, and there is the scene where she gives a speech in a full assembly about why she was keeping it pic.twitter.com/ah7PPDtRfc
— Nyaaya (@NyaayaIN) May 31, 2017
However, if she would have wanted to abort, would the #Law have allowed it? Can you get an abortion in India?
— Nyaaya (@NyaayaIN) May 31, 2017
It can be done under the Medical Termination of Pregnancy Act 1971 if your pregnancy is under 20 weeks. https://t.co/QKTozyqYXG
— Nyaaya (@NyaayaIN) May 31, 2017
However, it is subject to several conditions and your ability to get an abortion will depend on the opinion of the doctor.
— Nyaaya (@NyaayaIN) May 31, 2017
Find out what these conditions are, we have explained abortion laws in India https://t.co/QKTozyqYXG
— Nyaaya (@NyaayaIN) May 31, 2017
There’s lots more where that came from. Look up the hashtag #LawInFilms to check out more explanations of law as it would be in films.