INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
ing company law, the National Green Tribunal for envi- ronmental matters, etc. The time it takes to commence trial in a civil matter varies from court to court and across states; it usually takes 12 to 14 months from the commencement of proceedings to reach trial; please also see 7.8 General Timeframes for Proceedings . In criminal cases, the time period from the com- mencement of proceedings to the commencement of trial also varies, not only from court to court but also depending on the severity and gravity of the offence, the volume of documents and witnesses, and the time spent in investigation, among other factors. 1.3 Court Filings and Proceedings Court proceedings are open to the public, subject to specific security-related measures being imposed by specific courts, which may restrict entry. For sensitive matters and hearings, parties may seek an exemp- tion from an open court hearing by seeking in camera proceedings. Judgments and orders of courts in India are a matter of public record, with certain court-imposed restric- tions on the disclosure of the names and identities of parties in sensitive matters. However, court filings are not open to public scrutiny. 1.4 Legal Representation in Court In India, as per the Advocates Act, 1961, “advocates” are the only class of persons entitled to practise the profession of law and must be appropriately regis- tered with the State Bar Council. Foreign Lawyers Considering the rise in international commercial arbi- trations, the Supreme Court of India recently held that foreign lawyers are entitled to give legal advice on foreign law involving diverse international legal issues on “casual” visits to India. Such “casual” visits would not amount to the “practice of law”. On 10 March 2023, the Bar Council of India (BCI) issued the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, regulating the entry of foreign
lawyers and foreign law firms in India on a recipro- cal basis. Foreign lawyers or firms can continue to practise law on a “fly in, fly out” basis, providing legal advice “concerning foreign law, the foreign law- yer’s own legal system, or diverse international legal issues” if: • the advice is procured by the client either in a for- eign country or in India; • the foreign lawyer or firm does not maintain an office in India; • the practice in India does not cumulatively exceed 60 days in any period of 12 months; and • each visit must be declared in advance to the BCI. The above Rules were amended recently on 13 May 2025 to provide structured opportunities to foreign lawyers or firms (registered with the BCI) to practise foreign law and international legal matters in India, strictly limited to non-litigious areas under a clearly defined regulatory framework laid down in the Rules. Foreign lawyers will be permitted to represent foreign entities in international arbitrations seated in India (provided such arbitrations involve foreign law), but not in domestic arbitrations or in litigation before any Indian court or tribunal, and are also prohibited from practising Indian law in any capacity. Third-party funding is not expressly prohibited in India, as held by the Supreme Court of India. In fact, the BCI has also framed Rules with an intent to regulate and place several restrictions on third-party funding in India. Certain states in India have made specific state-level amendments to the CPC to regulate third-party fund- ing within such states. Furthermore, third-party funders would be governed as per judicial scrutiny under the Indian Contract Act, 1872 (ICA), and the grounds for declaring such agree- ments as illegal or void would be: • unconscionability; 2. Litigation Funding 2.1 Third-Party Litigation Funding
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