Question 1

How long does trademark registration take in India?

Accepted Answer

Trademark registration in India typically takes 18 to 24 months from filing to registration, assuming there are no objections or oppositions. The application is examined by the Trade Marks Registry, advertised in the Trade Marks Journal for a four-month opposition period, and then registered if no opposition is filed. The mark is protected for ten years from the date of application and is renewable for further periods of ten years.

Question 2

How long does trademark registration take in India?

Accepted Answer

Trademark registration in India typically takes 18 to 24 months from filing to registration, assuming there are no objections or oppositions. The application is examined by the Trade Marks Registry, advertised in the Trade Marks Journal for a four-month opposition period, and then registered if no opposition is filed. The mark is protected for ten years from the date of application and is renewable for further periods of ten years.

Question 3

What is the difference between a copyright and a trademark?

Accepted Answer

A copyright protects original literary, artistic, musical, dramatic and similar creative works (and computer programs) and arises automatically on creation — registration is optional but useful in evidence. A trademark protects words, logos, shapes or other signs used to distinguish the goods or services of one trader from those of another, and protection requires registration to access statutory remedies. The same business asset can sometimes attract both protections — for example, a logo can be a copyrighted artistic work and a registered trademark.

Question 4

What is the difference between a copyright and a trademark?

Accepted Answer

A copyright protects original literary, artistic, musical, dramatic and similar creative works (and computer programs) and arises automatically on creation — registration is optional but useful in evidence. A trademark protects words, logos, shapes or other signs used to distinguish the goods or services of one trader from those of another, and protection requires registration to access statutory remedies. The same business asset can sometimes attract both protections — for example, a logo can be a copyrighted artistic work and a registered trademark.

Question 5

How long does a patent last in India?

Accepted Answer

A patent in India is granted for a term of twenty years from the date of filing the application, subject to payment of annual renewal fees. After the twenty-year term, the invention enters the public domain. Some inventions — such as methods of agriculture or business methods, mere admixtures, software per se without a technical contribution, and methods of medical treatment — are not patentable under Section 3 of the Patents Act, 1970.

Question 6

How long does a patent last in India?

Accepted Answer

A patent in India is granted for a term of twenty years from the date of filing the application, subject to payment of annual renewal fees. After the twenty-year term, the invention enters the public domain. Some inventions — such as methods of agriculture or business methods, mere admixtures, software per se without a technical contribution, and methods of medical treatment — are not patentable under Section 3 of the Patents Act, 1970.

Question 7

Can I file a trademark application without registering my business first?

Accepted Answer

Yes. A trademark application can be filed by an individual, a partnership, a company, or any other legal person. The applicant must be the proprietor or proposed proprietor of the mark. You do not need to have a registered company to file a trademark — sole proprietors and individuals can also be applicants. However, the address and identity proof must match the entity in whose name the application is filed.

Question 8

Can I file a trademark application without registering my business first?

Accepted Answer

Yes. A trademark application can be filed by an individual, a partnership, a company, or any other legal person. The applicant must be the proprietor or proposed proprietor of the mark. You do not need to have a registered company to file a trademark — sole proprietors and individuals can also be applicants. However, the address and identity proof must match the entity in whose name the application is filed.

Question 9

What can I do if someone is using a similar trademark?

Accepted Answer

Available remedies depend on whether your mark is registered or unregistered. For a registered mark, you may issue a cease-and-desist notice and file an infringement suit under Section 29 of the Trade Marks Act for injunction, damages or accounts of profits. For an unregistered mark used in trade, the common-law remedy of passing off is available, which requires you to establish goodwill, misrepresentation by the defendant and consequent damage. Both remedies are typically pursued in the appropriate civil court or High Court.

Question 10

What can I do if someone is using a similar trademark?

Accepted Answer

Available remedies depend on whether your mark is registered or unregistered. For a registered mark, you may issue a cease-and-desist notice and file an infringement suit under Section 29 of the Trade Marks Act for injunction, damages or accounts of profits. For an unregistered mark used in trade, the common-law remedy of passing off is available, which requires you to establish goodwill, misrepresentation by the defendant and consequent damage. Both remedies are typically pursued in the appropriate civil court or High Court.

Question 11

Is international IP protection automatic once I register in India?

Accepted Answer

No. IP rights are territorial — a registration in India only protects the mark or invention in India. For international protection, you may file directly in each country or use international systems such as the Madrid Protocol for trademarks, the Patent Cooperation Treaty (PCT) for patents, and the Hague Agreement for industrial designs. The Berne Convention does extend automatic copyright protection across most countries for works first published in a signatory state.

Question 12

Is international IP protection automatic once I register in India?

Accepted Answer

No. IP rights are territorial — a registration in India only protects the mark or invention in India. For international protection, you may file directly in each country or use international systems such as the Madrid Protocol for trademarks, the Patent Cooperation Treaty (PCT) for patents, and the Hague Agreement for industrial designs. The Berne Convention does extend automatic copyright protection across most countries for works first published in a signatory state.

Question 13

What is the difference between arbitration and mediation?

Accepted Answer

Arbitration is an adjudicatory process — the arbitrator hears both sides and delivers a binding award that is enforceable as a court decree. Mediation is a facilitated negotiation — the mediator helps the parties reach their own settlement, which becomes binding only if the parties sign it. Arbitration is appropriate where parties want a binding decision but outside court; mediation is appropriate where parties want a negotiated outcome that preserves the commercial relationship.

Question 14

What is the difference between arbitration and mediation?

Accepted Answer

Arbitration is an adjudicatory process — the arbitrator hears both sides and delivers a binding award that is enforceable as a court decree. Mediation is a facilitated negotiation — the mediator helps the parties reach their own settlement, which becomes binding only if the parties sign it. Arbitration is appropriate where parties want a binding decision but outside court; mediation is appropriate where parties want a negotiated outcome that preserves the commercial relationship.

Question 15

Is an arbitration award enforceable like a court decree?

Accepted Answer

Yes. Under Section 36 of the Arbitration and Conciliation Act, 1996, a domestic arbitral award is enforceable in the same manner as a decree of the court. Foreign awards from countries that are signatories to the New York Convention are enforceable under Part II of the Act, subject to the limited grounds for refusal set out in Section 48.

Question 16

Is an arbitration award enforceable like a court decree?

Accepted Answer

Yes. Under Section 36 of the Arbitration and Conciliation Act, 1996, a domestic arbitral award is enforceable in the same manner as a decree of the court. Foreign awards from countries that are signatories to the New York Convention are enforceable under Part II of the Act, subject to the limited grounds for refusal set out in Section 48.

Question 17

Can I challenge an arbitral award?

Accepted Answer

A domestic arbitral award can be set aside under Section 34 of the Act on limited grounds — incapacity of a party, invalid arbitration agreement, lack of proper notice, the award being beyond the scope of submission, an improperly constituted tribunal, or conflict with public policy of India. The application must be made within three months from the date of receipt of the award, extendable by thirty days on sufficient cause. Foreign awards are challenged under Section 48 on broadly similar grounds.

Question 18

Can I challenge an arbitral award?

Accepted Answer

A domestic arbitral award can be set aside under Section 34 of the Act on limited grounds — incapacity of a party, invalid arbitration agreement, lack of proper notice, the award being beyond the scope of submission, an improperly constituted tribunal, or conflict with public policy of India. The application must be made within three months from the date of receipt of the award, extendable by thirty days on sufficient cause. Foreign awards are challenged under Section 48 on broadly similar grounds.

Question 19

What is an arbitration clause and why does it matter?

Accepted Answer

An arbitration clause is the provision in a contract by which parties agree, in advance, to refer any future disputes to arbitration rather than to court. A well-drafted clause specifies the seat of arbitration, the governing law, the language, the number and method of appointing arbitrators, and the procedural rules (e.g., SIAC, ICC, ad-hoc). A poorly drafted or unclear clause can lead to expensive jurisdictional disputes before the arbitration even begins.

Question 20

What is an arbitration clause and why does it matter?

Accepted Answer

An arbitration clause is the provision in a contract by which parties agree, in advance, to refer any future disputes to arbitration rather than to court. A well-drafted clause specifies the seat of arbitration, the governing law, the language, the number and method of appointing arbitrators, and the procedural rules (e.g., SIAC, ICC, ad-hoc). A poorly drafted or unclear clause can lead to expensive jurisdictional disputes before the arbitration even begins.

Question 21

How long does an arbitration in India typically take?

Accepted Answer

Following the 2015 amendment, Section 29A of the Act requires the arbitral tribunal to render the award within twelve months from the completion of pleadings, extendable by six months with the parties' consent. In practice, the actual time depends heavily on the complexity of the dispute, the conduct of the parties, and the availability of the tribunal. Institutional arbitrations under bodies such as the Mumbai Centre for International Arbitration (MCIA) or the Delhi International Arbitration Centre (DIAC) tend to be more disciplined on timelines.

Question 22

How long does an arbitration in India typically take?

Accepted Answer

Following the 2015 amendment, Section 29A of the Act requires the arbitral tribunal to render the award within twelve months from the completion of pleadings, extendable by six months with the parties' consent. In practice, the actual time depends heavily on the complexity of the dispute, the conduct of the parties, and the availability of the tribunal. Institutional arbitrations under bodies such as the Mumbai Centre for International Arbitration (MCIA) or the Delhi International Arbitration Centre (DIAC) tend to be more disciplined on timelines.

Question 23

Is mediation legally binding in India?

Accepted Answer

Under the Mediation Act, 2023, a mediated settlement agreement that is in writing and signed by the parties and authenticated by the mediator is enforceable as a judgment or decree of a court under Section 27 of the Act. Pre-Act, mediated settlements were typically given effect through consent decrees or by being incorporated into arbitral awards. The 2023 Act has standardised this and significantly strengthened mediation as a dispute resolution route.

Question 24

Is mediation legally binding in India?

Accepted Answer

Under the Mediation Act, 2023, a mediated settlement agreement that is in writing and signed by the parties and authenticated by the mediator is enforceable as a judgment or decree of a court under Section 27 of the Act. Pre-Act, mediated settlements were typically given effect through consent decrees or by being incorporated into arbitral awards. The 2023 Act has standardised this and significantly strengthened mediation as a dispute resolution route.

Question 25

How long does a civil suit take in India?

Accepted Answer

There is no universal answer — a simple money recovery suit in a Commercial Court may be disposed of within one to two years if both parties cooperate, while complex property or title disputes can take five years or more, especially if there are interlocutory applications or appeals. The Commercial Courts Act, 2015 imposes stricter timelines and case-management hearings for commercial disputes above ₹3 lakhs.

Question 26

How long does a civil suit take in India?

Accepted Answer

There is no universal answer — a simple money recovery suit in a Commercial Court may be disposed of within one to two years if both parties cooperate, while complex property or title disputes can take five years or more, especially if there are interlocutory applications or appeals. The Commercial Courts Act, 2015 imposes stricter timelines and case-management hearings for commercial disputes above ₹3 lakhs.

Question 27

What is the limitation period for filing a civil suit?

Accepted Answer

Limitation periods are prescribed under the Limitation Act, 1963. Common periods include three years for suits on contracts and money recovery; twelve years for suits relating to immovable property; one year for suits against public officers; and thirty years for redemption of mortgages. The period generally runs from the date the cause of action arises. Time spent in bona fide proceedings in a court without jurisdiction can sometimes be excluded under Section 14.

Question 28

What is the limitation period for filing a civil suit?

Accepted Answer

Limitation periods are prescribed under the Limitation Act, 1963. Common periods include three years for suits on contracts and money recovery; twelve years for suits relating to immovable property; one year for suits against public officers; and thirty years for redemption of mortgages. The period generally runs from the date the cause of action arises. Time spent in bona fide proceedings in a court without jurisdiction can sometimes be excluded under Section 14.

Question 29

What is an injunction and when can I get one?

Accepted Answer

An injunction is a court order requiring a party to do something (mandatory injunction) or refrain from doing something (prohibitory injunction). Temporary injunctions during the pendency of a suit are granted under Order XXXIX of the CPC on the three-fold test of prima facie case, balance of convenience, and irreparable injury. Permanent injunctions at the conclusion of the suit are granted under the Specific Relief Act, 1963.

Question 30

What is an injunction and when can I get one?

Accepted Answer

An injunction is a court order requiring a party to do something (mandatory injunction) or refrain from doing something (prohibitory injunction). Temporary injunctions during the pendency of a suit are granted under Order XXXIX of the CPC on the three-fold test of prima facie case, balance of convenience, and irreparable injury. Permanent injunctions at the conclusion of the suit are granted under the Specific Relief Act, 1963.

Question 31

What is the difference between a civil and a criminal case?

Accepted Answer

A civil case is a dispute between private parties seeking remedies such as damages, injunction or specific performance — the standard of proof is "preponderance of probabilities". A criminal case is an action by the State against an accused for an offence punishable by imprisonment or fine — the standard is "beyond reasonable doubt". The same facts can sometimes give rise to both — for example, a cheque dishonour can be both a civil recovery suit and a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881.

Question 32

What is the difference between a civil and a criminal case?

Accepted Answer

A civil case is a dispute between private parties seeking remedies such as damages, injunction or specific performance — the standard of proof is "preponderance of probabilities". A criminal case is an action by the State against an accused for an offence punishable by imprisonment or fine — the standard is "beyond reasonable doubt". The same facts can sometimes give rise to both — for example, a cheque dishonour can be both a civil recovery suit and a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881.

Question 33

Where do I file my civil suit?

Accepted Answer

Jurisdiction is governed by Sections 16-20 of the CPC. Suits relating to immovable property must be filed where the property is situated. Suits for tort or contract may be filed where the cause of action arose, or where the defendant resides or carries on business. Pecuniary jurisdiction depends on the value of the suit and the State concerned — for instance, in Delhi, the District Court hears suits up to ₹2 crores and the High Court hears suits above.

Question 34

Where do I file my civil suit?

Accepted Answer

Jurisdiction is governed by Sections 16-20 of the CPC. Suits relating to immovable property must be filed where the property is situated. Suits for tort or contract may be filed where the cause of action arose, or where the defendant resides or carries on business. Pecuniary jurisdiction depends on the value of the suit and the State concerned — for instance, in Delhi, the District Court hears suits up to ₹2 crores and the High Court hears suits above.

Question 35

Can I appeal a civil court decision?

Accepted Answer

Yes. A first appeal against a decree of a District Court generally lies to the High Court under Section 96 of the CPC. A second appeal lies under Section 100 only on substantial questions of law. Revision under Section 115 is available against orders where no appeal lies. Special Leave to Appeal to the Supreme Court is available under Article 136 of the Constitution. The limitation period for appeals is usually thirty or ninety days depending on the forum.

Question 36

Can I appeal a civil court decision?

Accepted Answer

Yes. A first appeal against a decree of a District Court generally lies to the High Court under Section 96 of the CPC. A second appeal lies under Section 100 only on substantial questions of law. Revision under Section 115 is available against orders where no appeal lies. Special Leave to Appeal to the Supreme Court is available under Article 136 of the Constitution. The limitation period for appeals is usually thirty or ninety days depending on the forum.

Question 37

What is the difference between a Private Limited Company and an LLP?

Accepted Answer

A Private Limited Company is governed by the Companies Act, 2013 and has a more rigid governance structure — minimum two directors, formal board meetings, statutory audits and detailed ROC filings. An LLP (Limited Liability Partnership) is governed by the LLP Act, 2008 and is more flexible — internal affairs are governed by the LLP Agreement, audit is required only above prescribed turnover thresholds, and compliance is generally lighter. Both offer limited liability protection. The choice depends on investment plans, taxation, and operational complexity.

Question 38

What is the difference between a Private Limited Company and an LLP?

Accepted Answer

A Private Limited Company is governed by the Companies Act, 2013 and has a more rigid governance structure — minimum two directors, formal board meetings, statutory audits and detailed ROC filings. An LLP (Limited Liability Partnership) is governed by the LLP Act, 2008 and is more flexible — internal affairs are governed by the LLP Agreement, audit is required only above prescribed turnover thresholds, and compliance is generally lighter. Both offer limited liability protection. The choice depends on investment plans, taxation, and operational complexity.

Question 39

What are the minimum compliance requirements for a Private Limited Company?

Accepted Answer

Key annual compliances include filing the AOC-4 (financial statements) and MGT-7 / MGT-7A (annual return) with the ROC; holding at least four board meetings each year and one AGM; statutory audit by a Chartered Accountant; appointment of an auditor under Section 139; income tax return and DPT-3 (deposits return). Failure to comply can lead to penalties and director disqualification under Section 164.

Question 40

What are the minimum compliance requirements for a Private Limited Company?

Accepted Answer

Key annual compliances include filing the AOC-4 (financial statements) and MGT-7 / MGT-7A (annual return) with the ROC; holding at least four board meetings each year and one AGM; statutory audit by a Chartered Accountant; appointment of an auditor under Section 139; income tax return and DPT-3 (deposits return). Failure to comply can lead to penalties and director disqualification under Section 164.

Question 41

What is due diligence in an M&A transaction?

Accepted Answer

Due diligence is the structured investigation of a target company before an acquisition, investment or strategic transaction. It typically covers legal due diligence (corporate, contracts, litigation, IP, employment, regulatory), financial due diligence (audited statements, tax positions, working capital), and commercial due diligence (market, customers, competition). The objective is to identify deal-breakers, quantify risks, and structure protections (warranties, indemnities, escrow) in the definitive agreement.

Question 42

What is due diligence in an M&A transaction?

Accepted Answer

Due diligence is the structured investigation of a target company before an acquisition, investment or strategic transaction. It typically covers legal due diligence (corporate, contracts, litigation, IP, employment, regulatory), financial due diligence (audited statements, tax positions, working capital), and commercial due diligence (market, customers, competition). The objective is to identify deal-breakers, quantify risks, and structure protections (warranties, indemnities, escrow) in the definitive agreement.

Question 43

What approvals are needed for FDI into India?

Accepted Answer

FDI in India is permitted under the automatic route or the government approval route, depending on the sector. Most sectors are under the automatic route up to 100%, with only certain sensitive sectors (such as defence above prescribed limits, broadcasting, multi-brand retail) requiring prior government approval. Filings include the Form FC-GPR with the RBI within thirty days of issue of shares, and reporting under Single Master Form (SMF) on the FIRMS portal.

Question 44

What approvals are needed for FDI into India?

Accepted Answer

FDI in India is permitted under the automatic route or the government approval route, depending on the sector. Most sectors are under the automatic route up to 100%, with only certain sensitive sectors (such as defence above prescribed limits, broadcasting, multi-brand retail) requiring prior government approval. Filings include the Form FC-GPR with the RBI within thirty days of issue of shares, and reporting under Single Master Form (SMF) on the FIRMS portal.

Question 45

When is CCI approval required for an M&A?

Accepted Answer

Combination approval from the Competition Commission of India is mandatory under Section 5 of the Competition Act, 2002, where the transaction exceeds prescribed asset or turnover thresholds (substantially revised in 2024). The transaction cannot be consummated until CCI approves it or the statutory waiting period expires. Filing is in Form I (short form) or Form II (long form) depending on the market overlap. Small targets and certain de minimis transactions are exempt.

Question 46

When is CCI approval required for an M&A?

Accepted Answer

Combination approval from the Competition Commission of India is mandatory under Section 5 of the Competition Act, 2002, where the transaction exceeds prescribed asset or turnover thresholds (substantially revised in 2024). The transaction cannot be consummated until CCI approves it or the statutory waiting period expires. Filing is in Form I (short form) or Form II (long form) depending on the market overlap. Small targets and certain de minimis transactions are exempt.

Question 47

What is a Shareholders' Agreement and is it enforceable?

Accepted Answer

A Shareholders' Agreement (SHA) is a private contract among the shareholders of a company governing their inter se relationship, transfer restrictions, board composition, reserved matters, exit rights and dispute resolution. For an SHA to be enforceable against the company and third parties, key clauses (such as transfer restrictions and pre-emptive rights) must also be incorporated into the company's Articles of Association. Otherwise, the remedies are only contractual between the signatories.

Question 48

What is a Shareholders' Agreement and is it enforceable?

Accepted Answer

A Shareholders' Agreement (SHA) is a private contract among the shareholders of a company governing their inter se relationship, transfer restrictions, board composition, reserved matters, exit rights and dispute resolution. For an SHA to be enforceable against the company and third parties, key clauses (such as transfer restrictions and pre-emptive rights) must also be incorporated into the company's Articles of Association. Otherwise, the remedies are only contractual between the signatories.

Question 49

What is the difference between the old and new income tax regimes?

Accepted Answer

The old regime allows a range of deductions and exemptions — such as Section 80C investments, HRA, LTA and home-loan interest — against slab rates. The new regime under Section 115BAC offers lower slab rates but largely removes those deductions, and it is now the default for individuals unless the old regime is specifically opted for. The better choice depends on your income level and the deductions you can actually claim; salaried taxpayers can usually switch each year, while those with business income face restrictions on switching back.

Question 50

I received a notice under Section 143(2). What does it mean?

Accepted Answer

A notice under Section 143(2) means your return has been selected for scrutiny assessment, in which the Assessing Officer examines the return in detail to verify income, deductions and claims. It is not by itself an allegation of wrongdoing. You should compile the supporting documents for the items being questioned, respond within the time allowed (usually through the e-proceedings portal), and consider professional representation. Failure to respond can lead to a best-judgment assessment under Section 144 and avoidable additions.

Question 51

What can I do if I disagree with an assessment order?

Accepted Answer

You can file a first appeal before the Commissioner of Income Tax (Appeals) under Section 246A, generally within thirty days of receiving the order, after paying the admitted tax. If the CIT(A) order is unfavourable, a further appeal lies to the Income Tax Appellate Tribunal (ITAT) under Section 253. On a substantial question of law, an appeal lies to the High Court under Section 260A and ultimately to the Supreme Court. In appropriate cases, a stay of the disputed demand can also be sought while the appeal is pending.

Question 52

What is a Section 148 reassessment notice?

Accepted Answer

A notice under Section 148 is issued when the Assessing Officer has information suggesting that income chargeable to tax has escaped assessment. Following the 2021 amendments, the officer must first issue a notice under Section 148A, give you an opportunity to respond, and pass an order before issuing the Section 148 notice. The time limits for reopening depend on the amount of escaped income. It is important to respond carefully at the Section 148A stage, since a well-supported reply can prevent reassessment from being initiated at all.

Question 53

How is capital gains tax calculated in India?

Accepted Answer

Capital gains arise on the transfer of a capital asset and are classified as short-term or long-term depending on the holding period, which differs by asset class. Long-term gains often benefit from indexation (for assets where it applies) and concessional rates, while short-term gains are generally taxed at higher rates. Exemptions are available — for example under Sections 54 and 54F for reinvestment in residential property, and under Section 54EC for investment in specified bonds — subject to conditions and time limits. The exact rate and exemption depend on the asset and the year of transfer.

Question 54

What happens if TDS is deducted but not deposited or mismatched?

Accepted Answer

If tax deducted at source does not reflect in your Form 26AS or Annual Information Statement, you may receive a demand even though the tax was deducted from your income. The first step is to reconcile Form 16/16A with Form 26AS and take up the mismatch with the deductor, who is responsible for depositing the TDS and filing correct returns. A deductor who fails to deposit TDS faces interest under Section 201, penalty, and in serious cases prosecution. As a deductee, you can also bring the credit to the Assessing Officer's notice with proof of deduction.

Question 55

What is the difference between bail and anticipatory bail?

Accepted Answer

Bail under Section 480 of the BNSS, 2023 (formerly Section 437/439 CrPC) is sought after a person has been arrested and is in custody. Anticipatory bail under Section 482 of the BNSS, 2023 (formerly Section 438 CrPC) is sought before arrest, where a person apprehends arrest in connection with a non-bailable offence. Anticipatory bail is granted by the Sessions Court or High Court at its discretion, considering the nature of the accusation, antecedents of the applicant, possibility of flight, and likelihood of tampering with evidence.

Question 56

What is the difference between bail and anticipatory bail?

Accepted Answer

Bail under Section 480 of the BNSS, 2023 (formerly Section 437/439 CrPC) is sought after a person has been arrested and is in custody. Anticipatory bail under Section 482 of the BNSS, 2023 (formerly Section 438 CrPC) is sought before arrest, where a person apprehends arrest in connection with a non-bailable offence. Anticipatory bail is granted by the Sessions Court or High Court at its discretion, considering the nature of the accusation, antecedents of the applicant, possibility of flight, and likelihood of tampering with evidence.

Question 57

What happens if an FIR is filed against me?

Accepted Answer

An FIR (First Information Report) under Section 173 of the BNSS, 2023 is the formal registration of a cognizable offence with the police. After registration, the police investigate; you may be called for questioning under Section 179. You have the right to silence under Article 20(3) and the right to a lawyer of choice under Article 22 of the Constitution. If you apprehend arrest, anticipatory bail is the appropriate remedy. If the FIR is malicious or discloses no offence, a quashing petition under Section 528 of the BNSS (formerly Section 482 CrPC) can be filed before the High Court.

Question 58

What happens if an FIR is filed against me?

Accepted Answer

An FIR (First Information Report) under Section 173 of the BNSS, 2023 is the formal registration of a cognizable offence with the police. After registration, the police investigate; you may be called for questioning under Section 179. You have the right to silence under Article 20(3) and the right to a lawyer of choice under Article 22 of the Constitution. If you apprehend arrest, anticipatory bail is the appropriate remedy. If the FIR is malicious or discloses no offence, a quashing petition under Section 528 of the BNSS (formerly Section 482 CrPC) can be filed before the High Court.

Question 59

Can a criminal case be settled or compromised?

Accepted Answer

Some offences are compoundable — that is, the complainant can compromise with the accused and the case can be closed. Section 359 of the BNSS, 2023 lists compoundable offences (e.g., simple hurt, criminal trespass, defamation, certain matrimonial offences). Non-compoundable offences (such as serious assault, rape, murder) generally cannot be settled, though courts have in appropriate cases used Section 528 of the BNSS to quash proceedings where parties have settled and continuation would serve no purpose.

Question 60

Can a criminal case be settled or compromised?

Accepted Answer

Some offences are compoundable — that is, the complainant can compromise with the accused and the case can be closed. Section 359 of the BNSS, 2023 lists compoundable offences (e.g., simple hurt, criminal trespass, defamation, certain matrimonial offences). Non-compoundable offences (such as serious assault, rape, murder) generally cannot be settled, though courts have in appropriate cases used Section 528 of the BNSS to quash proceedings where parties have settled and continuation would serve no purpose.

Question 61

What rights does an arrested person have in India?

Accepted Answer

An arrested person has constitutional and statutory rights including: the right to be informed of the grounds of arrest (Article 22 and Section 47 of the BNSS); the right to consult and be defended by a legal practitioner of choice; the right to be produced before a Magistrate within twenty-four hours of arrest (Article 22(2)); protection against self-incrimination (Article 20(3)); and the right to medical examination. The D.K. Basu guidelines laid down by the Supreme Court further mandate notification to a relative, arrest memo, and entry in the case diary.

Question 62

What rights does an arrested person have in India?

Accepted Answer

An arrested person has constitutional and statutory rights including: the right to be informed of the grounds of arrest (Article 22 and Section 47 of the BNSS); the right to consult and be defended by a legal practitioner of choice; the right to be produced before a Magistrate within twenty-four hours of arrest (Article 22(2)); protection against self-incrimination (Article 20(3)); and the right to medical examination. The D.K. Basu guidelines laid down by the Supreme Court further mandate notification to a relative, arrest memo, and entry in the case diary.

Question 63

Is the new Bharatiya Nyaya Sanhita different from the old IPC?

Accepted Answer

The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 with effect from 1 July 2024. It retains the substantive offence framework of the IPC with some additions (such as terrorism, organised crime, mob lynching) and re-arrangement of sections. Crucially, offences committed before 1 July 2024 continue to be tried under the IPC, while offences committed on or after that date are tried under the BNS. The procedural counterpart is the Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing CrPC), and the evidence law is the Bharatiya Sakshya Adhiniyam, 2023 (replacing the Indian Evidence Act).

Question 64

Is the new Bharatiya Nyaya Sanhita different from the old IPC?

Accepted Answer

The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 with effect from 1 July 2024. It retains the substantive offence framework of the IPC with some additions (such as terrorism, organised crime, mob lynching) and re-arrangement of sections. Crucially, offences committed before 1 July 2024 continue to be tried under the IPC, while offences committed on or after that date are tried under the BNS. The procedural counterpart is the Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing CrPC), and the evidence law is the Bharatiya Sakshya Adhiniyam, 2023 (replacing the Indian Evidence Act).

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Overview

Services Covered

Typical Process

When to Consult a Lawyer

Frequently Asked Questions

Employment & Labour Law

Overview

Services Covered

Typical Process

When to Consult a Lawyer

Frequently Asked Questions