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Can Police Check Your Phone Without a Warrant? Know Your Digital Rights

Your smartphone holds your entire life – messages, photos, bank details, and personal secrets. But can police legally search it without permission? LEGAL ASSIST explains your rights in simple terms.

Why Your Phone Needs Legal Protection

Your phone is like a digital diary. It contains private information that deserves protection. In India, the Supreme Court has made it clear – privacy is a fundamental right under Article 21 of the Constitution. This means police cannot randomly check your phone without proper legal reason.

Think of your phone as your home. Just like police need permission to enter your house, they need proper authority to search your phone.

What Indian Law Says About Phone Searches

The Basic Rule: Section 165 of Criminal Procedure Code

Police can search your phone without a warrant only when:

  • They have strong reasons to believe evidence exists on your phone
  • Getting a warrant might destroy the evidence
  • They write down their reasons
  • They inform a judge immediately

This law protects you from random phone checks. LEGAL ASSIST recommends knowing these rules to protect your digital privacy.

When Police Can Check Your Phone Legally

With Your Permission: If you say “yes” to a phone search, police don’t need a warrant. But your permission must be:

  • Given freely (no pressure or threats)
  • Clear and direct
  • With full understanding of what they’ll check

Important: You can always say “I do not consent to this search. Show me a warrant.”

Special Laws That Allow Warrantless Searches

Some situations allow police to check phones without normal warrants:

Anti-Terrorism Cases (UAPA): For national security matters, authorities have broader search powers.

Drug Cases (NDPS Act): If drugs are involved and evidence might be destroyed, police can act quickly.

Cybercrime Cases: Under IT Act 2000, government can monitor digital information for security reasons.

Even in these cases, police must follow proper procedures. Random searches are never allowed.

Can Police Force You to Unlock Your Phone?

The short answer: Usually NO.

Article 20(3) of our Constitution protects you from self-incrimination. This means:

  • You cannot be forced to give passwords
  • You cannot be made to unlock your phone
  • Silent refusal is your right

Gray Area: Courts are still deciding about fingerprint or face unlock. LEGAL ASSIST suggests treating these the same as passwords until clear rules emerge.

What Courts Say About Phone Privacy

Landmark Cases:

Puttaswamy Case (2017): Supreme Court declared privacy a fundamental right. Any phone search must be:

  • Based on law
  • For legitimate reasons
  • Necessary and proportionate

Selvi Case (2010): Court ruled forced confession violates rights. This applies to forced phone unlocking too.

These judgments strongly protect your digital privacy rights.

What Happens If Police Search Illegally?

Consequences of unlawful phone searches:

  • Evidence becomes useless in court
  • You can file complaints against officers
  • Compensation may be awarded for rights violation
  • Officers face punishment for misusing power

LEGAL ASSIST helps clients fight illegal searches and protect their digital rights.

Your Action Plan When Police Want Your Phone

Stay Calm: Don’t panic or argue. Be polite but firm about your rights.

Ask for Warrant: Simply say, “Do you have a warrant? I don’t consent without proper authority.”

Document Everything: Note officer names, badge numbers, time, and witnesses if safe to do so.

Call a Lawyer: You have the right to legal help. LEGAL ASSIST provides 24/7 support for such situations.

Refuse Pressure: If threatened or pressured, clearly state your consent is not voluntary.

Quick Reference: Legal vs Illegal Phone Searches

Situation Police Action Legal Status
No warrant, no consent Searches phone ILLEGAL
Forced consent Takes phone INVALID
Free consent given Searches phone LEGAL
Valid warrant shown Searches phone LEGAL
Special law exception Searches phone MAY BE LEGAL
Forces password/unlock Accesses phone UNCONSTITUTIONAL

Bottom Line: Your Digital Rights Matter

Key Takeaways:

  • Police generally need warrants or valid consent to search phones
  • You can refuse phone searches politely
  • Special laws have limited exceptions
  • Forced unlocking violates constitutional rights
  • Illegal searches make evidence useless in court

LEGAL ASSIST believes everyone should know their digital rights. Your phone privacy is protected by law, but only if you know how to use these protections.

Remember: Stay informed, assert rights politely, avoid arguments, and get legal help immediately when needed.

Your digital privacy is real privacy. Protect it wisely, defend it fearlessly.


Need help protecting your digital rights? Contact LEGAL ASSIST for expert legal guidance on phone privacy, digital rights, and constitutional protections.

Service Charge in Indian Restaurants: Mandatory or Not?

When you finish a delicious meal at your favorite restaurant, the last thing you want is an unwelcome surprise on your bill. Yet many diners across India face this exact situation when they see an extra “service charge” added without their permission. If you’ve ever wondered whether restaurants can legally force you to pay this charge, you’re not alone.

LEGAL ASSIST brings you this comprehensive guide to understand your rights as a consumer and what Indian law actually says about restaurant service charges.

What Exactly is a Service Charge?

A service charge is an additional fee that restaurants add to your bill, typically ranging from 5% to 10% of your total order value. Unlike government taxes such as GST, this charge is completely decided by the restaurant itself.

Think of it this way: when you pay ₹1,000 for food, a 10% service charge would add another ₹100 to your bill. The restaurant claims this money goes to support their staff members like waiters, cleaners, and kitchen helpers.

Service Charge vs Tip: Understanding the Key Difference

Many people confuse service charge with tipping, but they are completely different:

Service Charge:

  • Added automatically by the restaurant
  • Usually a fixed percentage (5-10%)
  • Supposed to be shared among all staff
  • Often added without asking your permission

Tip (Gratuity):

  • Given voluntarily by you
  • Any amount you choose
  • Goes directly to the person serving you
  • Your personal choice to show appreciation

The main problem is that restaurants often add service charge without telling you beforehand, making it seem mandatory when it’s actually not.

What Does Indian Law Say About Service Charges?

Here’s the good news: Indian law is completely on your side.

Delhi High Court’s Clear Ruling

In April 2025, the Delhi High Court made a landmark decision stating that restaurants cannot force customers to pay service charges. The court clearly said that making service charge mandatory violates consumer protection laws.

The judges emphasized that customers must have complete freedom to decide whether they want to pay this extra amount or not.

Consumer Protection Authority Guidelines

The Central Consumer Protection Authority (CCPA) has issued clear guidelines:

  1. Service charge is never mandatory
  2. You can refuse to pay if you’re unhappy with the service
  3. Restaurants must clearly mention their service charge policy on menus
  4. Adding service charge without your consent is considered unfair business practice

The Reality: What Actually Happens in Restaurants?

Despite clear legal guidelines, many restaurants across India continue adding service charges without permission. Here’s what LEGAL ASSIST has observed:

Transparent Restaurants

Some honest establishments clearly mention service charge policies on their menus and remove it when customers ask.

Forceful Restaurants

Many premium restaurants automatically add the charge and refuse to remove it, even when challenged by customers.

Hidden Approach

Some smart restaurants include service costs directly in their food prices, avoiding separate charges altogether.

Why Do Restaurants Keep Adding Service Charges?

The restaurant industry faces several challenges that make them rely on service charges:

Supporting Staff Income

Restaurant workers often earn modest salaries. For example, a waiter earning ₹15,000 monthly might get an additional ₹3,000 from service charges, which helps support their family needs.

Decline in Cash Tips

With digital payments becoming common after COVID-19, customers rarely leave cash tips. Service charges ensure staff get some additional income.

Fair Distribution

Unlike tips that go to individual servers, service charges are supposedly shared among all staff members including kitchen helpers, cleaners, and security personnel.

The Dark Side: Misuse of Service Charges

Unfortunately, not all restaurants use service charges honestly. LEGAL ASSIST investigations reveal:

  • Some restaurants give only 5-6% of collected service charges to staff
  • The remaining money goes toward restaurant maintenance, decoration, and even owner profits
  • Many staff members never see the full amount customers pay as service charge

This misuse raises serious questions about transparency and consumer rights.

Can You Legally Refuse to Pay Service Charge?

Absolutely yes! Here’s what you’re legally required to pay:

Must Pay:

  • Menu price of food and drinks
  • Government taxes (GST)

Not Required to Pay:

  • Service charge (unless you agree)
  • Any hidden fees not mentioned upfront

You have complete legal right to ask for service charge removal from your bill.

What to Do When Restaurants Refuse to Remove Service Charge?

If a restaurant insists you must pay service charge, follow these steps:

Step 1: Stay Calm and Polite

Politely explain that service charge is not mandatory according to Indian law. Ask them to remove it from your bill.

Step 2: Request a Revised Bill

Insist on getting a new bill that excludes the service charge. Most restaurants will comply when they realize you know your rights.

Step 3: Take Action if They Refuse

If the restaurant still refuses:

  • Call the National Consumer Helpline: 1800-11-4000
  • File a complaint on e-Daakhil (official consumer court website)
  • Share your experience on social media
  • Contact LEGAL ASSIST for legal guidance

Remember, you have every legal right to refuse paying service charge, especially if it wasn’t disclosed beforehand or you’re unsatisfied with the service.

Creating Better Practices for Everyone

For Restaurants:

  • Be transparent about service charge policies
  • Allow customers to opt out freely
  • Ensure fair distribution to staff
  • Consider including staff incentives in base pricing

For Customers:

  • Learn about your consumer rights
  • Support restaurants that practice ethical policies
  • Tip directly if you want to appreciate good service
  • Don’t hesitate to question unfair charges

Final Answer: Can Restaurants Force Service Charge Payment?

No, restaurants cannot legally force you to pay service charge in India.

Key takeaways:

  • Service charge must always be voluntary
  • Restaurants must inform you about it beforehand
  • You can legally refuse to pay it
  • If restaurants force payment, you can take legal action
  • Choose to tip separately if you want to show appreciation

Being informed about your rights ensures you only pay what’s fair and legally required. Don’t let restaurants take advantage of your lack of knowledge about consumer protection laws.

LEGAL ASSIST recommends staying educated about your rights and supporting businesses that practice transparent and fair policies. Remember, knowledge is your best protection against unfair business practices.


Need legal assistance with consumer protection issues? Contact LEGAL ASSIST for expert guidance on your rights and legal remedies.

How to Write a Copyright Disclaimer That Actually Protects Your Work

In today’s digital world, your creative work needs protection. Whether you write blogs, make videos, take photos, or create any original content, a copyright disclaimer is your first line of defense. It tells the world that your work belongs to you and sets clear rules about how others can use it.

At LEGAL ASSIST, we help creators understand copyright protection in simple terms. This guide will teach you how to write a strong copyright disclaimer that actually works.

What Is a Copyright Disclaimer?

A copyright disclaimer is a simple notice that tells people your content is legally protected. Think of it as a “Do Not Touch” sign for your creative work. It warns others that they cannot copy, share, or use your content without asking you first.

This notice serves two main purposes:

  • It shows that you own the work
  • It warns others about the legal consequences of copying

Why Your Work Needs a Copyright Disclaimer

Protects Your Rights: A clear disclaimer stops people from claiming they didn’t know your work was protected. It makes your ownership obvious to everyone.

Supports Legal Action: If someone steals your content, having a visible copyright disclaimer makes it easier to take legal action. Courts take copyright violations more seriously when the owner clearly marked their work.

Builds Trust: Professional websites and publications always include copyright disclaimers. It shows you take your work seriously and understand business practices.

Educates Users: Many people don’t understand copyright law. Your disclaimer teaches them what they can and cannot do with your content.

Copyright Law in India Made Simple

Under the Copyright Act, 1957, you automatically own the copyright to your original work the moment you create it. You don’t need to register it with the government, though registration does provide extra legal protection.

The law gives you exclusive rights to:

  • Copy and distribute your work
  • Create new versions based on your work
  • Display or perform your work publicly
  • Allow or deny others to use your work

Essential Parts of a Strong Copyright Disclaimer

Every effective copyright disclaimer should include these key elements:

1. Copyright Symbol: Use © or write “Copyright” to show legal ownership.

2. Publication Year: The year when you first published or created the work.

3. Owner’s Name: Your full name or your company’s legal name.

4. Rights Statement: Usually “All rights reserved” or specific permissions you allow.

5. Website Link: Your website URL for online content.

6. Contact Information: Email or address where people can request permission.

7. Fair Use Note: Optional mention of legal exceptions under Indian copyright law.

How to Write Your Copyright Disclaimer Step by Step

Step 1: Identify Your Content Type Different content needs different approaches. A blog post disclaimer differs from a video or photo disclaimer.

Step 2: Choose Your Copyright Symbol For digital content, use ©. For printed materials, you can write “Copyright” if you prefer.

Step 3: Add the Right Year Use the year you first published the work. For regularly updated content, use a range like “2023-2025”.

Step 4: Include Your Name Write your full legal name or registered company name exactly as it appears on official documents.

Step 5: State Your Rights “All rights reserved” is the strongest protection. You can also specify what uses you allow.

Step 6: Add Your Website Include your main website URL to establish your online presence.

Step 7: Provide Contact Details Give people a way to reach you for permission requests. This actually reduces unauthorized copying.

Step 8: Review and Position Make sure your disclaimer is visible where users will see it first.

Real Examples You Can Use

Simple Website Footer: © 2025 LEGAL ASSIST. All rights reserved. www.legalassist.com

Detailed Blog Disclaimer: Copyright © 2025 LEGAL ASSIST. All rights reserved. No part of this content may be reproduced without written permission. For licensing inquiries, contact info@legalassist.com

Video Content Disclaimer: © 2025 LEGAL ASSIST. This video and its content are protected by copyright law. Unauthorized copying or distribution is prohibited.

Book or PDF Disclaimer: Copyright © 2025 LEGAL ASSIST All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form without prior written permission of the publisher.

Where to Place Your Copyright Disclaimer

Websites: Put it in the footer of every page so visitors always see it.

Blog Posts: Add it at the end of each article or create a dedicated copyright page.

Videos: Include it in opening credits, closing credits, or video descriptions.

Documents and PDFs: Place on the first or second page where it’s clearly visible.

Social Media: Include in your profile bio or post captions for important content.

Best Practices That Work

Keep It Simple: Use plain English that anyone can understand. Legal jargon confuses people.

Update Regularly: Change the year whenever you add new content or make major updates.

Be Consistent: Use the same format across all your platforms and content.

Monitor Your Contact Email: Respond quickly to permission requests. This encourages people to ask instead of just taking.

Link to Detailed Policies: If you have specific terms of use, link to them from your disclaimer.

Consider Creative Commons: If you want to allow some uses, clearly state what’s permitted.

Common Questions About Copyright Disclaimers

Do I need to register copyright in India to use a disclaimer? No. Copyright protection starts automatically when you create original work. Registration is optional but helpful for legal cases.

Can I allow some people to use my work? Yes. You can specify allowed uses in your disclaimer or use licensing systems like Creative Commons.

What if someone copies my work anyway? You can send takedown notices to websites or platforms, or take legal action. A clear disclaimer strengthens your case.

Should every piece of content have a disclaimer? For maximum protection, yes. At minimum, include disclaimers on your main website, publications, and valuable content.

Why LEGAL ASSIST Recommends Strong Copyright Protection

At LEGAL ASSIST, we’ve seen too many creators lose money and opportunities because they didn’t protect their work properly. A simple copyright disclaimer costs nothing but can save you thousands in lost revenue and legal fees.

Remember, your creative work has value. Whether it’s a blog post that took hours to research, a video you spent days editing, or photos from your professional shoots, it deserves protection.

Take Action Today

Don’t wait until someone steals your content to start protecting it. Write your copyright disclaimer now using the steps in this guide. Place it prominently on your website, blogs, videos, and other content.

A few minutes spent writing a proper copyright disclaimer can prevent years of legal headaches. Your future self will thank you for taking this simple but crucial step to protect your creative work.

Your content is valuable. Treat it that way with proper copyright protection, and others will too.

The Dark Side of Domestic Abuse: Atul Subhash Suicide Case Study

Introduction: A Tragedy That Shocked the Nation

The tragic death of Atul Subhash, a 34-year-old software engineer from Bengaluru, has brought national attention to a dark reality often ignored in our society. This case reveals how domestic violence laws meant to protect victims can sometimes become weapons of harassment themselves. At LEGAL ASSIST, we believe it’s crucial to examine this case to understand the complete picture of domestic abuse and its devastating consequences.

Who Was Atul Subhash?

Atul Subhash was a skilled computer engineer specializing in artificial intelligence. In 2019, he married Nikita Singhania, an Accenture employee, through a matchmaking app. The couple welcomed a son in 2020, but their marriage soon turned into a nightmare that would ultimately cost Atul his life.

The Downward Spiral: How It All Began

The trouble started in 2021 when Nikita and her family allegedly demanded large sums of money from Atul for their business ventures. When Atul refused these financial demands, Nikita took their child and left home. This marked the beginning of a legal battle that would destroy Atul’s life.

In April 2022, Nikita filed multiple complaints against Atul and his family, accusing them of domestic violence and dowry harassment. These allegations became the foundation of a prolonged legal war that drained Atul emotionally and financially.

The Final Act: Atul’s Last Message

On December 9, 2024, Atul Subhash was found dead in his Bengaluru apartment. He left behind a 24-page suicide note and a 90-minute video explaining his ordeal. In these final messages, Atul described facing constant harassment, false accusations, and financial demands that pushed him to the breaking point.

Following Atul’s death, Bengaluru police filed charges against Nikita, her mother, brother, and uncle for abetment of suicide. The family was later arrested and remanded to judicial custody.

The Broader Problem: When Protection Laws Become Weapons

The Atul Subhash case highlights a serious issue in our legal system. While domestic violence laws were created to protect genuine victims, they can sometimes be misused for revenge or financial gain. LEGAL ASSIST has observed several common patterns of abuse:

False Allegations: Filing baseless cases of domestic violence or dowry harassment to harm the other party.

Financial Extortion: Using maintenance claims and legal threats to extract money.

Legal Harassment: Deliberately prolonging cases to cause maximum suffering to the accused.

One-Sided Assumptions: Laws that automatically assume guilt without proper investigation.

The Human Cost of Legal Abuse

When domestic violence laws are misused, the consequences extend far beyond the courtroom. Victims of false allegations often suffer:

  • Mental Health Crisis: Depression, anxiety, and in extreme cases like Atul’s, suicide
  • Financial Ruin: Legal fees and court costs that can bankrupt families
  • Social Isolation: Loss of reputation and relationships
  • Career Damage: Professional setbacks due to ongoing legal battles

Men as Victims: Breaking the Silence

Society often overlooks male victims of domestic abuse due to cultural stereotypes about masculinity. Men facing harassment may hesitate to seek help because:

  • Fear of not being believed
  • Social stigma and shame
  • Limited support systems
  • Assumption that men cannot be victims

The Atul Subhash case proves that domestic violence affects people regardless of gender, and male victims deserve the same protection and support as female victims.

The Need for Legal Reform

To prevent future tragedies like Atul Subhash’s case, LEGAL ASSIST advocates for several important changes:

Stronger Penalties: Those who file false cases should face serious consequences to discourage abuse of the legal system.

Thorough Investigations: Courts must carefully examine evidence before proceeding with sensitive cases.

Gender-Neutral Approach: Laws should protect all victims equally, regardless of gender.

Alternative Solutions: Mediation and counseling should be promoted as alternatives to lengthy court battles.

Seeking Help: What You Can Do

If you or someone you know is facing similar harassment or false allegations, LEGAL ASSIST recommends:

  1. Document Everything: Keep records of all interactions and evidence
  2. Seek Legal Counsel: Consult with experienced lawyers who understand these complex cases
  3. Preserve Mental Health: Don’t face this alone – seek professional counseling support
  4. Know Your Rights: Understand the legal options available to protect yourself

Conclusion: A Call for Justice and Reform

The Atul Subhash case serves as a wake-up call for our society and legal system. While we must continue protecting genuine victims of domestic violence, we cannot ignore the misuse of these laws for personal vendettas or financial gain.

At LEGAL ASSIST, we believe that true justice means protecting all victims – regardless of gender – and ensuring that laws designed to help don’t become tools of harassment. Only through fair investigation, proper legal safeguards, and societal awareness can we prevent such tragedies in the future.

Every person deserves to live without fear of harassment or false accusations. The memory of Atul Subhash should inspire us to create a more just and balanced legal system that truly serves the cause of justice for all.


If you need legal assistance or consultation regarding domestic violence cases or false allegations, contact LEGAL ASSIST for professional guidance and support.

What Is the Legal Age of Drinking in India? Complete State-by-State Guide

India’s drinking laws can be confusing because each state has different rules. If you’re planning to drink alcohol in India, you need to know the legal age in your state. This guide will help you understand everything about India’s drinking age laws.

Understanding India’s Drinking Age Laws

The legal drinking age in India is not the same everywhere. Different states have set different minimum ages, ranging from 18 to 25 years. Some states have even banned alcohol completely. This happens because Indian states can make their own alcohol laws.

At Legal Assist, we help people understand these complex laws so you can stay safe and legal.

States Where You Can Drink at Age 18

Six states and territories allow drinking at 18 years old. These places believe that adults can make responsible choices about alcohol at this age.

States with 18 as drinking age:

  • Goa (popular with tourists)
  • Himachal Pradesh
  • Puducherry
  • Rajasthan
  • Sikkim
  • Andaman and Nicobar Islands

Goa is especially popular because of its beaches and nightlife. Many young travelers visit Goa because the drinking age is lower there.

States Where the Drinking Age Is 21

Most Indian states set 21 as the legal drinking age. This is the most common age across the country. These states think people are more mature at 21 and can handle alcohol better.

Major states with 21 as drinking age:

  • Delhi (India’s capital)
  • Karnataka
  • Tamil Nadu
  • Uttar Pradesh
  • West Bengal
  • Haryana
  • Madhya Pradesh
  • Andhra Pradesh

And many more states follow this rule. If you’re traveling in India, chances are the drinking age will be 21 in most places you visit.

States with Higher Drinking Ages

Some states set the drinking age even higher to discourage young people from drinking.

Kerala has set the drinking age at 23 years. The state government wants to reduce alcohol problems, so they made the age higher than other states.

States with 25 as drinking age:

  • Maharashtra (includes Mumbai)
  • Punjab
  • Chandigarh
  • Meghalaya

Maharashtra is interesting because they also require a special permit to buy alcohol, though this rule is not always followed.

Dry States – Where Alcohol is Banned

Some Indian states have completely banned alcohol. In these “dry states,” there is no legal drinking age because alcohol is not allowed at all.

States with complete alcohol ban:

  • Bihar (banned since 2016)
  • Gujarat (banned since 1960)
  • Nagaland
  • Mizoram

Lakshadweep is also mostly dry, but allows alcohol only on one resort island called Bangaram.

Manipur has partial prohibition in some districts but not others.

Why Do Drinking Ages Vary So Much?

India’s drinking laws are different because each state can make its own rules. States consider several factors:

Cultural reasons: States with strong religious beliefs often ban alcohol or set higher ages.

Tourism needs: Tourist states like Goa keep lower drinking ages to attract visitors.

Health concerns: States worried about alcohol problems set higher ages or ban alcohol completely.

Political factors: Local politics and voter preferences also influence these laws.

What Happens If You Break the Law?

Breaking drinking age laws in India can lead to serious trouble:

  • Heavy fines (sometimes thousands of rupees)
  • Jail time (especially in dry states)
  • Criminal record that can affect your future

In Bihar, people caught with alcohol face very harsh punishment. Even tourists are not excused from these laws.

Legal Assist always advises following local laws strictly, no matter which state you’re in.

Tips for Drinking Legally in India

Always carry ID: Police can ask for age proof anytime. Keep your driving license or Aadhaar card ready.

Know local laws: Before traveling, check the drinking age in that state. Don’t assume it’s the same everywhere.

Respect dry states: Never try to smuggle alcohol into states where it’s banned. The punishment is severe.

Drink responsibly: Even where alcohol is legal, public drinking and drunk driving are illegal everywhere in India.

Ask locals: When in doubt, ask local people or hotel staff about the rules.

Special Cases to Remember

Goa is very relaxed about drinking laws and has many bars and clubs.

Karnataka has some confusion in laws, but most places serve alcohol to people 18 and above.

Maharashtra technically requires a permit, but this is rarely enforced in practice.

Kerala keeps changing its policies, so check current rules before visiting.

Conclusion

Understanding India’s drinking age laws is important for staying legal and safe. Whether you’re 18 in Goa or need to wait until 25 in Punjab, knowing the rules helps you avoid legal trouble.

The legal drinking age in India reflects each state’s unique culture and values. From the liberal approach in tourist states to complete prohibition in dry states, India’s diverse alcohol laws require careful attention.

At Legal Assist, we believe knowledge of the law keeps you protected. Always research local drinking laws before consuming alcohol in any Indian state. When in doubt, ask for legal guidance to ensure you’re following all applicable rules.

Remember: drinking responsibly and legally is always the best choice, regardless of your age or location in India.