INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
also see 7.8 General Timeframes for Proceed- ings . In criminal cases, the time period from the com- mencement of proceedings to the commence- ment 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 investiga- tion, amongst other factors. 1.3 Court Filings and Proceedings Court proceedings are open to the public, sub- ject to specific security-related measures being imposed by specific courts, which may restrict entry. For sensitive matters and hearings, par- ties may seek an exemption 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 restrictions on the disclosure of the names and identities of parties in sensitive mat- ters. However, court filings are not open to public scrutiny. 1.4 Legal Representation in Court In India, as per the Advocates Act, 1961, “advo- cates” are the only class of persons entitled to practise the profession of law, and must be appropriately registered with the State Bar Council. Foreign Lawyers Considering the rise in international commercial arbitrations, the Supreme Court of India recently held that foreign lawyers are entitled to give legal advice on foreign law involving diverse interna- tional 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 noti- fied the Bar Council of India Rules for Regis- tration 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 reciprocal basis. Foreign lawyers or firms can continue to practise law on a “fly in fly out” basis, providing legal advice “regard- ing foreign law and on diverse international legal issues” if: • the advice is procured by the client in a for- eign country; • the foreign lawyer or firm does not maintain an office in India; and • the practice in India does not cumulatively exceed 60 days in any period of 12 months. A foreign lawyer or firm can practise law in India in non-litigious matters only, subject to excep- tions laid down in the Rules. Foreign lawyers will be permitted to represent foreign parties in international commercial arbitrations, but not in domestic arbitrations or in litigation before any Indian court or tribunal. 2. Litigation Funding 2.1 Third-Party Litigation Funding Third-party funding is not expressly prohibited in India, as held by the Supreme Court of India. In fact, the Bar Council of India 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 funding within such states. Furthermore, third-party funders would be gov- erned as per judicial scrutiny under the Indian
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