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Freedom of speech in India

Markandey Katju 10 Dec 2025

The Allahabad High Court has recently rejected the bail application of Bhojpuri folk singer Neha Singh Rathore. The case against her arose after Neha posted several tweets in April 2025 criticizing the Prime Minister and the ruling party for allegedly exploiting a terrorist attack in Kashmir for political gain. Following the viral posts, the police registered an FIR under Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2008, alleging that her statements endangered India’s sovereignty.

I am not going into the merits of the case as the matter may be sub judice in an appeal to the Indian Supreme Court. However, I would like to make some general observations.

In the Indian Constitution promulgated on January 26, 1950, there are a set of fundamental rights of the people, including freedom of speech and expression, modelled on the Bill of Rights in the US Constitution. The judiciary was made the protector and guardian of these rights, otherwise they would remain only on paper.

A few months after the promulgation of the Constitution in 1950, a Constitution Bench of the Supreme Court held in Romesh Thapar vs State of Madras that in a democracy people have a right to criticise the government. The Court observed, “Criticism of government exciting disaffection or bad feelings towards it, is not to be regarded as a justifying ground for restricting the freedom of expression, or of the press.”

The same view in different words was taken in a decision by Justice Abdul Quddhose of the Madras High Court in his historic verdict in Thiru N.Ram vs Union of India and anr, in which the learned judge observed, “A very important aspect of democracy is that citizens should have no fear of the government. They should not be scared of expressing views which may not be liked by those in power.” He went on to say, “Criticism of the government is not sedition unless there is a call for public disorder or incitement to violence.”

Justice Quddhose also observed, following the Supreme Court’s 1956 verdict in Kartar Singh vs State of Punjab, that people in power must develop ‘thick skins’. In other words, the authorities should have broad enough shoulders to bear criticism.

In State of Maharashtra vs Bhaurao Punjabrao Gawande (2008) the Supreme Court observed that while the first object of the founding fathers was to give to the people a Constitution whereby a government was established, their second object, equally important, was to protect the people against the government. The court observed:

“The imperative necessity to protect the people’s rights is a lesson taught by all history and all human experience. Our Constitution makers had lived through bitter years of the freedom struggle, and had seen an alien government trample upon human rights which the country had fought hard to preserve. They believed, like Jefferson, that ‘an elective despotism was not the government we fought for ‘. And therefore while arming the government with large powers to prevent anarchy from within and conquest from without, they took care to ensure that these powers were not abused to mutilate the liberties of the people “

This decision is very relevant in the prevailing situation today. Nowadays politicians in power are often very touchy, and unwilling to put up with any criticism from anyone.

The question is whether the Supreme Court or High Courts should ignore suppression of free speech and criticism of the government, just because the government calls it sedition and a threat to national security ? What then will remain of the numerous verdicts of the court itself stating that the Supreme Court is the guardian of the Constitution, and protector of the people’s rights ( which includes the right to free speech ) ?

In one of its early decisions in State of Madras vs V.G. Row (1952), the Supreme Court held, “As regards fundamental rights the Court has been assigned the role of a sentinel on the qui vive”, an expression that has been reiterated again and again in several decisions of the court e.g. I.R.Coelho vs the State of Tamil Nadu, (2007), Navtej Singh Johar vs Union of India, (2018), Shakti Vahini vs Union of India, (2018), C.Ravichandran Iyer vs Justice AM Bhattacharjee ( 1995 ), Padma vs Hiralal Motilal Desarda (2002), Bachan Singh vs State of Punjab (1982), Indra Sawhney vs Union of India (1992), etc.

The right of freedom of speech, including the right to criticise the government has again been reiterated in recent decisions of the Supreme Court, which have held that this is not sedition ( details are given in the links below ) :

https://indicanews.com/justice-markandey-katju-a-great-judgment-by-the-indian-supreme-court/

https://www.thehindu.com/news/national/Criticism-is-not-sedition-SC-quotes-1962-ruling/article14625056.ece

I appeal to the Supreme Court to consider all that has been stated above when it hears the appeal of Neha Singh Rathore against the High Court's order rejecting her bail application.

By Justice Markandey Katju, former Judge, Indian Supreme Court

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Abhishek Singhvi's arguments on the validity of SIR

Markandey Katju 1 Dec 2025

The lawyer Arun Agarwal whom journalist Neelu Vyas interviewed on her youtube show waxed eloquent on the 'irrefutable' arguments of senior advocate Dr Abhishek Singhvi before the Supreme Court in the case challenging the validity of the SIR ( Special Investigative Revision ) issued by the Election Commission of India. But are the arguments really tenable ?

https://www.youtube.com/watch?v=QeIjEEtyqLE&pp=ygUjOCBtaW51dGVzIG9mIHNpciBpbiBzaXN1cHJlbWUgY291cnQ%3D

The video link of the arguments of Dr Singhvi's arguments in Court is given below :

https://www.youtube.com/watch?v=FxGwGsyDRT8&pp=ygU1RHIgQWJoaXNoZWsgU2luZ2h2aSBvcGVuaW5nIGhpcyBhcmd1bWVudHMgb24gMjcvMTEvMjU%3D

In this article I am only dealing with the arguments of Dr Abhishek Singhvi, and not with the points raised by Kapil Sibal e.g. that the ECI cannot decide citizenship of the persons on the voters list.

There are several flaws in what Abhishek Singhvi and Arun Agarwal said :

(1) Dr Singhvi harped on his main argument that the ECI cannot order an SIR for the whole state, but only for a particular constituency. Let us examine this argument carefully.

Dr Singhvi relied on section 21( 3 ) of the Representation of People Act, 1950

Section 21 of the Act states :

Preparation and revision of electoral rolls.—

(1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.

(2) The said electoral roll—

(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date—

(i) before each general election to the House of the People or to the Legislative Assembly of a State; and

(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and

(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission:

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.

(3) Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit:

Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed ''.

Dr Singhvi and Arun Agarwal emphasized that section 21(3) uses the words '' special revision '', and said that the SIR could only be for a particular constituency, and not the whole state. But section 21(2)(a) and (b) does not exclude revision of the electoral roll for the whole state. To argue that the use of the words '' special revision '' in the SIR mean that the order issued by the ECI is illegal, as it cannot be attributed to section 21(2), is fallacious, as it is well settled principle of interpretation of statutes that the nomenclature used in a provision or order is irrelevant. The substance of the matter has to be seen. So even if the SIR is called a 'special revision' it is also a revision as contemplated by section 21(2).

For instance, if it comes to the knowledge of the ECI that there has been a large scale permanent migration of people from the state, and such people have thereby lost the right to vote in the state, the ECI can certainly issue an order for investigation under section 21(2) for the whole state. The same would apply if there has been largescale illegal migration into the state of people who have surreptitiously and illegally got themselves enrolled as voters, or people who have died in the state but their names are still on the voters list..

(2) Dr Singhvi then referred to Form 7 of the Registration of Electors Rules, 1960, under which someone has to file an objection to a name in the voters list before that name can be deleted.

This argument overlooks section Rule 21A of the said rules, which states :

'' Deletion of names.—If it appears to the registration officer at any time before the final publication of the roll that owing to inadvertence or error or otherwise, the names of dead persons or of persons who have ceased to be, or are not, ordinarily residents in the constituency or of persons who are otherwise not entitled to be registered in that roll, have been included in the roll and that remedial action should be taken under this rule, the registration officer, shall—

(a) prepare a list of the names and other details of such electors;

(b) exhibit on the notice board of his office a copy of the list together with a notice as to the time and place at which the question of deletion of these names from the roll will be considered, and also publish the list and the notice in such other manner as he may think fit; and

(c) after considering any verbal or written objections that may be preferred, decide whether all or any of the names should be deleted from the roll:

Provided that before taking any action under this rule in respect of any person on the ground that he has ceased to be, or is not, ordinarily resident in the constituency, or is otherwise not entitled to be registered in that roll, the registration officer shall make every endeavour to o give him a reasonable opportunity to show cause why the action proposed should not be taken in relation to him ''.

No doubt this is only the power of the Registration Officers of particular constituencies. But the ECI can certainly issue an order under its power in Article 324 to all the Registration Officers in the state to act under Rule 21A.

The argument that a name cannot be removed from the voters list unless someone files an objection in Form 7 would mean that even a name which is illegally entered in the voters list cannot be removed unless an objection in Form 7 is filed. In other words, such a name must remain in the voters list, even if it is illegally there. Would that be in accordance with democracy ?

(3) Dr Singhvi emphasized on the word '' any '' before the word '' constituency '' in section 21(3) of the ROP Act, and argued that the word '' any '' means one. But it is a well settled principle of interpretation of statutes that the singular can include the plural.

Thus, with respect to Dr Singhvi, none of his arguments are tenable and can stand careful scrutiny

By Justice Markandey Katju, former Judge, Indian Supreme Court

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Drawback challenges

Zeb Hasan 7 Nov 2025

Every now and then, a tribunal decision brings clarity to an area of law that has long been muddied by overreach and ambiguity. The recent ruling of the CESTAT, Ahmedabad in Commissioner of Customs vs. Jayant Agro Organics Ltd. is one such instance. It deals with a deceptively simple question — can the customs authorities deny duty drawback merely because a foreign buyer was later accused of forging documents, or because the export invoices appeared inflated? For anyone advising exporters, the answer carries practical weight.

Duty drawback is the lifeline of many export operations. It refunds duties paid on inputs used in exported goods, encouraging competitiveness. But it is also an area vulnerable to allegations of manipulation, especially around over-invoicing and document verification. The Ahmedabad bench faced precisely such a situation — an exporter had shipped goods abroad, followed due export procedures, and claimed drawback. Sometime later, the department alleged that the export price was artificially high, and worse, that the foreign buyer had forged certain papers. The question became whether these allegations, surfacing after the export was completed, could be used to retrospectively deny drawback.

From my reading of the order and the reasoning, what stands out is the tribunal’s insistence on first principles: once the export is complete — that is, the goods have left India’s territorial jurisdiction under a shipping bill duly assessed by the proper officer — the exporter’s entitlement to drawback crystallises. The department’s suspicion about price inflation, or a third party’s forgery abroad, cannot retroactively undo a concluded export. The export transaction, once completed under the supervision of customs, attains finality.

I find that reasoning reassuring because it restores predictability to a regime that often veers into subjectivity. The customs department had claimed that the exporter over-invoiced goods to claim excess drawback. Yet, that very shipment had been examined, permitted, and exported under official supervision. The exporter did not hide the invoice; it was on record. The department accepted it at the time, only to question it later, apparently based on what foreign authorities or buyers communicated. The tribunal saw through that.

The order carefully separates two ideas that are too often conflated — the genuineness of the export and the correctness of the buyer’s conduct abroad. The tribunal observed that the alleged forgery of a landing certificate by a Russian buyer had nothing to do with the Indian exporter’s conduct. The landing certificate is simply evidence of arrival; it is not the trigger for drawback once export is established. Therefore, even if the foreign buyer fabricated something later, it cannot retrospectively nullify the fact that the goods physically left India. The export had occurred, and drawback eligibility followed.

The principle might sound self-evident, but it is remarkable how often exporters get trapped in years of litigation over similar issues. Anyone who has worked with small or medium exporters knows how even a minor procedural dispute can freeze working capital. Once drawback is held up, the entire chain of liquidity breaks. The exporter is forced to fight on technicalities rather than on trade. I have seen cases where a simple suspicion of over-valuation turns into a multi-year proceeding, only for the tribunal to eventually confirm what should have been obvious from day one — that the export was real and the department had already accepted the documents at the time of shipment.

The Ahmedabad bench’s clarity lies in reminding customs officers that their authority has temporal limits. Their right to question valuation exists at the time of assessment; once they let the goods go, they cannot reopen the matter based on external allegations. The law provides mechanisms to question declared values before export — through examination, verification, or even provisional assessment. But to wait until after export, and then build a case around a foreign buyer’s conduct, stretches jurisdiction beyond its legitimate reach.

What also comes through in this case is a subtle reaffirmation of trust in the exporter’s declaration system. Our export promotion framework is premised on the assumption that exporters act in good faith and that their documents, once accepted, should not be endlessly revisited. Of course, this doesn’t mean fraudulent claims must go unchecked — customs can always act where there is evidence of collusion or false documentation. But the burden lies squarely on the department. It cannot rely on vague notions of “possible over-invoicing” or “foreign discrepancies” to deny statutory benefits.

There’s a professional takeaway here for anyone practising in trade or customs law. When we advise exporters, we must stress two complementary points — one, ensure meticulous documentation and transparency at the time of export; two, know your rights once the export is concluded. If goods have been examined and let out of the country under proper documentation, the exporter’s entitlement to drawback becomes vested. Allegations arising later — whether about pricing or about what the buyer did abroad — cannot automatically invalidate that right.

In this case, the department’s case rested partly on communication from Russian authorities who claimed that certain certificates were forged by the buyer. The department tried to tie this back to the exporter, implying complicity or at least benefit from the forgery. But the tribunal held that there was no such link — and that the exporter could not be penalised for what a foreign buyer did independently. This distinction is crucial because trade often involves complex cross-border paperwork, with multiple actors beyond the exporter’s control. If exporters were to be held responsible for every irregularity by a buyer overseas, no one would have the confidence to trade globally.

The decision also reminds us that the drawback scheme is not designed as a moral reward but as an economic incentive. It operates on a statutory formula, not on the department’s discretion about the exporter’s virtue. Once the formulaic conditions are met — goods exported, duties paid, shipping bill filed, EGM closed — the benefit must follow. Courts have repeatedly held that administrative suspicion cannot replace legal proof. The Ahmedabad bench reinforced that by saying drawback cannot be denied merely because the department later “believes” that the invoice value was inflated or that a foreign buyer engaged in forgery.

To me, this ruling is less about a single exporter’s victory and more about reinforcing systemic balance. The customs department’s vigilance is essential, but it must be exercised within the law’s boundaries. Exporters, especially smaller ones, often lack the leverage to contest arbitrary denials. They depend on predictable enforcement. A case like this shows that tribunals are willing to draw that line firmly. It brings a measure of certainty to an area that has too long depended on post-facto suspicion.

In professional practice, I’ve noticed how often these disputes arise not from fraud but from administrative hesitation. Officers fear being blamed for “releasing” a shipment that later turns controversial, so they hedge their bets by withholding drawback. But the legal position, as reaffirmed here, is that once export is complete and no misdeclaration is proved, drawback must be released. The entire export ecosystem depends on that assurance. Otherwise, compliance loses meaning — if every accepted invoice can later be doubted, exporters are left in permanent limbo.

From a legal standpoint, the tribunal’s approach aligns with earlier precedents that emphasise finality in export assessments. It echoes principles from the Vishal Exports Overseas Ltd. and Gaurav Pharma line of cases, where courts held that drawback cannot be withheld once the export transaction is completed in accordance with law. The reasoning ties back to the Customs and Central Excise Duties Drawback Rules, 1995 — particularly Rule 3, which provides for grant of drawback on goods exported. Nothing in those rules authorises post-export denial merely because of third-party allegations.

The decision also indirectly comments on the limits of inter-departmental communication. In this case, it appears the department acted on reports received from abroad. Such inputs are valuable, but they cannot automatically dictate domestic legal conclusions. The tribunal rightly treated them as information, not evidence. Indian law still requires proof of wrongdoing under its own standards before depriving an exporter of a statutory benefit.

What I particularly appreciate about this judgment is its grounded tone. It doesn’t romanticise exporters or vilify the department. It simply insists that the law must be applied as written. Once an export is shown to have taken place — meaning the goods left India under a valid shipping bill — the department’s jurisdiction ends. Drawback eligibility is not conditional on what the buyer does next or whether the goods fetch a profit abroad.

I think this decision should encourage a more balanced conversation about risk and responsibility in international trade. There is always a tension between preventing misuse and facilitating business. The ideal regulatory system does both — it deters fraud without paralysing genuine exporters. This judgment, in its own way, pushes us closer to that ideal by setting a boundary on retrospective suspicion.

There’s also a human dimension worth noting. For many exporters, especially those outside metropolitan hubs, drawback claims are not abstract accounting items — they are survival lines. A delayed refund can mean delayed salaries, stalled procurement, or even closure. When customs holds up drawback over speculative concerns, it punishes precisely the group the policy was meant to help. The tribunal’s insistence that finality attaches once export occurs is therefore more than a procedural stance; it’s a reaffirmation of fairness in administration.

In an increasingly globalised market, we also need to rethink how responsibility is apportioned across borders. The foreign buyer’s alleged forgery here illustrates the limits of control an exporter truly has. Beyond a point, the exporter must rely on the integrity of its counterpart. The tribunal recognised this reality. It refused to hold the exporter liable for conduct that occurred in another jurisdiction, under another legal system, after the goods had left India. That’s a refreshingly pragmatic understanding of global commerce.

The message for practitioners is clear. When advising clients facing denial of drawback on such grounds, focus on the timeline — when did the alleged irregularity occur, and who had control at that stage? If export was duly completed under customs supervision, subsequent foreign events are irrelevant. Equally, stress the need for exporters to keep impeccable records — shipping bills, bank realisation certificates, correspondence with buyers — so that their compliance trail speaks for itself. Documentation remains the best defence against hindsight suspicion.

Ultimately, the CESTAT Ahmedabad ruling re-centres the debate around legality and evidence rather than conjecture. It recognises that exporters operate in a complex world where they can control compliance but not outcomes. By reaffirming that drawback cannot be denied on grounds of alleged forgery by a foreign buyer once goods are exported, the tribunal has drawn a clear line between what customs can police and what lies beyond its jurisdiction.

Reading the judgment, one can sense an implicit nudge to both sides — to exporters, to stay scrupulously compliant; to customs, to exercise restraint once their role is complete. That equilibrium is what keeps trade running smoothly. And in that sense, this case is not just about a refund; it’s about respect for process.

I find this kind of decision encouraging as a professional. It reminds me that even in the most technical corners of tax and trade law, principles of fairness and finality still hold sway. In an era where regulatory narratives often oscillate between over-enforcement and leniency, such clarity restores balance. It reminds both practitioners and administrators that law, at its best, is a safeguard against arbitrariness — not an instrument of it.

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Procedure of Appearing as SPA/GPA Holder in Civil and Criminal Cases

Kishan Dutt Kalaskar 16 Sep 2025

Procedure of Appearing as SPA/GPA Holder in Civil and Criminal CasesIntroductionIn many situations, a person who is a party to a case cannot personally attend court due to age, health issues, distance, read more

Procedure of Appearing as SPA/GPA Holder in Civil and Criminal Cases

Introduction

In many situations, a person who is a party to a case cannot personally attend court due to age, health issues, distance, or other difficulties. To overcome this, Indian law allows them to appoint someone else to act on their behalf through a Power of Attorney (PoA). A General Power of Attorney (GPA) gives broad authority to manage legal and financial matters, while a Special Power of Attorney (SPA) is limited to a specific purpose, such as handling one particular case.

However, the scope of what a SPA/GPA holder can do in court is not the same in civil and criminal cases. Courts have laid down clear rules about where such representation is valid and where personal presence of the main party is unavoidable.

SPA/GPA Holder in Civil Cases:

Civil disputes cover issues such as property, contracts, recovery of dues, or family matters. The Civil Procedure Code, 1908 (CPC) recognizes the right of a party to act through a representative, including a SPA/GPA holder.

Procedure in Civil Cases:

1. Execution of Power of Attorney: The party must prepare a written SPA or GPA, duly stamped and notarized. If the authority concerns immovable property, the document must be registered.

2. Filing and Signing Documents: Under Order III of the CPC, the SPA/GPA holder can file a case, sign pleadings, submit affidavits, and take part in routine proceedings.

3. Court Appearances: The attorney holder may appear during hearings, respond to notices, and assist with day-to-day case progress.

4. Giving Testimony: Courts have clarified that a SPA/GPA holder can testify only about facts they personally know. They cannot speak on matters that belong solely to the principal’s knowledge. If the case involves personal transactions of the principal, the principal must appear to give evidence.

5. Cross-Examination: If the attorney holder has participated in relevant dealings, they can be cross-examined on those facts.

In short: In civil cases, SPA/GPA holders are accepted for most procedures, but when it comes to proving personal facts, the principal must step into the witness box.

SPA/GPA Holder in Criminal Cases:

Criminal cases are very different because they involve offences against the State and questions of personal responsibility. The Criminal Procedure Code, 1973 (CrPC) keeps the role of SPA/GPA holders very limited.

Procedure in Criminal Cases:

1. Filing of Complaints: A complaint can sometimes be filed through a SPA/GPA holder if the power deed authorizes it. However, in many instances, courts require the complainant to appear personally to confirm the allegations.

2. Representation During Trial: Criminal trials usually demand the personal presence of both the complainant and the accused. While an attorney holder may assist with paperwork or attend hearings, they cannot replace the complainant in giving personal evidence.

3. Evidence and Examination: The complainant must testify directly, particularly in offences where personal knowledge is central (for example, cheque bounce cases). An SPA/GPA holder cannot give evidence about events they did not witness themselves.

4. Role of the Accused: The accused cannot send a SPA/GPA holder to face trial on their behalf. Criminal responsibility is personal. At best, applications for exemption from appearance under Sections 205 or 317 CrPC can be made, but the court can still require the accused to be present whenever necessary.

In short: In criminal cases, SPA/GPA holders may help with procedural aspects, but they cannot take over the role of the main party where personal evidence or responsibility is required.

Conclusion:

The law makes a clear difference in how SPA/GPA holders can function in civil and criminal courts. In civil cases, they can carry out most formal tasks like filing, attending hearings, and even giving evidence when they have personal knowledge. But if the case depends on facts only known to the principal, the principal must personally appear. In criminal cases, their role is far narrower — while they may help file complaints or manage paperwork, the complainant or accused cannot avoid personal presence and testimony.

Thus, while Power of Attorney offers convenience, it cannot be used as a substitute for personal accountability in matters where the law requires direct involvement of the party concerned.

FAQs

Q1. Can a GPA holder file a civil case?
Yes, if the GPA deed authorizes it, they can file and conduct a civil case on behalf of the principal.

Q2. Can a SPA holder give evidence?
Yes, but only on facts they have personal knowledge of, not matters known only to the principal.

Q3. Can an accused be represented by a GPA holder in a criminal trial?
No, an accused must face trial personally. A GPA holder cannot stand in their place.

Q4. Is registration of Power of Attorney always required?
It is required if the PoA deals with immovable property. Otherwise, notarization is usually sufficient.

Q5. Can a SPA holder pursue a cheque bounce case?
They can file the case, but the complainant often needs to appear personally to prove the transaction.

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The Procedure for Conducting Cases as Party-in-Person in Civil Cases, Criminal Cases, and Before High…

Kishan Dutt Kalaskar 16 Sep 2025

The Procedure for Conducting Cases as Party-in-Person in Civil Cases, Criminal Cases, and Before High Court: What You Need to KnowIntroductionIn India, every individual has the constitutional right to read more

The Procedure for Conducting Cases as Party-in-Person in Civil Cases, Criminal Cases, and Before High Court: What You Need to Know

Introduction

In India, every individual has the constitutional right to approach courts for justice. While most people engage advocates to represent them, there are many who choose to fight their own cases without hiring a lawyer. Such individuals are known as party-in-person litigants. This choice may arise out of financial constraints, lack of trust in lawyers, or simply the belief that they can best present their own case.

However, appearing as party-in-person is not a simple task. Courts have established procedures to ensure that justice is not compromised. The process varies depending on whether the case is civil, criminal, or being argued before the High Court.

Party-in-Person in Civil Cases

Civil cases generally involve disputes relating to property, contracts, recovery of money, family matters, etc. Under the Civil Procedure Code (CPC), 1908, a person is entitled to appear and argue their own case without an advocate.

Procedure in Civil Courts:

Filing of Case: The litigant must prepare and file the plaint (if filing a case) or the written statement (if defending). The documents must follow CPC requirements.
Vakalatnama Not Required: Since the litigant is self-representing, no vakalatnama (lawyer authorization) is needed. Instead, the party files a memo stating that they are appearing in person.
Examination and Evidence: The party-in-person must cross-examine witnesses, produce evidence, and comply with procedural rules like affidavit submissions.
Court Conduct: Civil courts usually guide self-represented parties to ensure they don’t get lost in procedure, but the litigant is still expected to follow court etiquette.

While civil courts are slightly more flexible with party-in-person litigants, the challenge lies in understanding technical procedures and evidentiary requirements.

Party-in-Person in Criminal Cases

Criminal law is more sensitive since it concerns offences against society. Under the Code of Criminal Procedure (CrPC), 1973, both accused persons and complainants may choose to represent themselves.

Procedure in Criminal Courts:

Accused as Party-in-Person: An accused person can defend themselves without an advocate. However, courts are cautious and often advise legal aid to ensure fairness.
Complainant as Party-in-Person: In private complaints (like cheque bounce cases under Section 138 NI Act), complainants frequently appear in person.
Serious Criminal Trials: In cases involving grave offences (like murder or sexual offences), courts usually insist that the accused be represented by a lawyer, and if they cannot afford one, a legal aid lawyer is provided under Article 39A of the Constitution.
Permission of Court: In criminal trials, permission of the court is sometimes required before allowing party-in-person appearance, especially if it affects the smooth conduct of the trial.

Thus, while possible, conducting a criminal case without a lawyer is riskier and requires strict compliance with procedural rules.

Party-in-Person Before the High Court

The High Courts deal with writ petitions, appeals, and other significant matters. The rules of High Courts allow individuals to appear as party-in-person, but with certain safeguards.

Procedure in High Court:

Filing Application for Party-in-Person: The individual must file an application seeking permission to argue their case in person.
Scrutiny by Registrar/Judge: Many High Courts (like Delhi and Bombay) require the litigant to appear before the Registrar or a judge in chambers to demonstrate basic understanding of law and procedure. This ensures the litigant does not waste judicial time.
Courtroom Etiquette: The party-in-person must follow professional court decorum—dress appropriately, address the bench respectfully, and submit documents in proper format.
Assistance of Amicus Curiae: If the court feels the litigant is unable to properly present the matter, it may appoint an amicus curiae (friend of the court) to assist.
Restrictions on Frivolous Litigants: Some individuals misuse party-in-person rights by filing multiple frivolous petitions. High Courts can impose restrictions or even bar repeat offenders.

Challenges of Party-in-Person Representation

Complexity of law: Without legal training, navigating statutes, precedents, and procedures can be overwhelming.
Emotional involvement: Litigants may lack objectivity, weakening their case.
Court expectations: Judges expect litigants to follow the same rules as advocates.

Despite challenges, many individuals successfully argue their own cases, especially in matters of personal liberty, property rights, or social justice.

Conclusion

Appearing as party-in-person is a legal right in India, recognized in both civil and criminal courts as well as High Courts. While civil cases are more straightforward for self-representation, criminal cases and High Court matters require more caution and sometimes prior permission. Courts encourage litigants to take professional help, but they also respect the right of individuals to argue for themselves.

For anyone considering this path, preparation, discipline, and understanding of basic legal procedures are essential. Appearing in person can be empowering—but it is also demanding.

FAQs

Q1. Can I fight my own civil case without a lawyer?
Yes, under the Civil Procedure Code, you can appear and argue your own case. However, you must still follow all court rules and procedures.

Q2. Do I need permission to appear as party-in-person in High Court?
Yes, most High Courts require you to seek permission, and you may need to demonstrate that you can argue your case responsibly.

Q3. Can I defend myself in a criminal trial?
Yes, but courts strongly advise taking legal assistance. If you cannot afford a lawyer, you can request free legal aid.

Q4. Will the judge help me if I appear as party-in-person?
Judges may guide you on procedure, but they cannot act as your lawyer. You must present facts and arguments on your own.

Q5. What happens if I misuse party-in-person rights by filing frivolous petitions?
Courts can dismiss such cases, impose costs, and in some cases restrict your right to file future cases in person

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The Latest Rules and Regulations Regarding Surrogacy in India: Surrogacy (Regulation) Act, 2021

Kishan Dutt Kalaskar 16 Sep 2025

The Latest Rules and Regulations Regarding Surrogacy in India: Surrogacy (Regulation) Act, 2021INTRODUCTIONSurrogacy has long been a subject of debate in India, largely due to concerns about the ethical, read more

The Latest Rules and Regulations Regarding Surrogacy in India: Surrogacy (Regulation) Act, 2021

INTRODUCTION

Surrogacy has long been a subject of debate in India, largely due to concerns about the ethical, medical, and social implications it raises. To address these issues and provide a legal framework, the Surrogacy (Regulation) Act, 2021 was introduced by the Indian Parliament. The Act officially came into force on 25th January 2022, replacing the earlier guidelines and unregulated practices.

The key objective of the Act is to prevent the exploitation of women acting as surrogates, ban unethical commercial practices, and safeguard the interests of the surrogate mother, the intending couple, and the child born through surrogacy.

Key Provisions of the Surrogacy (Regulation) Act, 2021

1. Definition and Scope

The Act defines surrogacy as a practice where a woman carries and delivers a child for an intending couple with the objective of handing over the child to them after birth.

2. Altruistic Surrogacy Only

Commercial surrogacy (where the surrogate mother is paid beyond medical and insurance expenses) is banned.

· In India, only altruistic surrogacy is allowed, where the surrogate mother is compensated solely for medical costs and insurance associated with the pregnancy.

3. Eligibility Criteria for Intended Parents

The couple must be Indian citizens and legally married for at least 5 years.
Age requirements:

Husband: 26 to 55 years
Wife: 23 to 50 years

Must produce a certificate of infertility or medical necessity from a registered medical practitioner.

4. Eligibility Criteria for Surrogate Mothers

Should be a close relative of the couple, for example, a sister or sister-in-law.
Only married women aged 25–35 years are eligible.
Should have at least one biological child of her own.
Can undertake surrogacy only once in her entire life.
Must undergo medical and psychological evaluation and be certified fit by a registered medical practitioner.

5. Regulatory Authorities and Oversight

The Act provides for the establishment of:

· National Assisted Reproductive Technology and Surrogacy Board

· State Assisted Reproductive Technology and Surrogacy Boards

· These boards regulate clinics, monitor compliance, and oversee ethical practices.

· Every surrogacy clinic is required to be registered and operate in accordance with the prescribed guidelines.

6. Certificates Required

Essentiality Certificate: Issued by the District Medical Board, confirming the medical necessity of surrogacy.
Eligibility Certificate: Issued to both intending parents and the surrogate to confirm compliance with legal requirements.

7. Prohibitions and Penalties

Banned Practices:

Commercial surrogacy
Sex-selective surrogacy
Advertising surrogacy services
Exploitation of surrogate mothers

Penalties:

Imprisonment up to 10 years
Fine up to ₹10 lakh

8. Rights of the Child Born Through Surrogacy

The child is recognized as the biological offspring of the intending parents.
The intending parents cannot abandon or disown the child under any circumstances.

Conclusion

The Surrogacy (Regulation) Act, 2021 represents a landmark reform in India’s reproductive healthcare laws. By banning commercial surrogacy and allowing only altruistic arrangements restricted to close relatives, the Act seeks to protect vulnerable women from exploitation while ensuring that surrogacy remains an ethical and safe option for couples facing infertility. This legal framework not only safeguards surrogate mothers but also guarantees the rights and dignity of children born through surrogacy.

FAQ

1. What is the main objective of the Surrogacy (Regulation) Act, 2021?
The Act primarily aims to prevent exploitation of women, ban commercial surrogacy, and ensure the ethical practice of altruistic surrogacy in India.

2. Can foreign couples opt for surrogacy in India under this law?
No. The Act applies only to Indian married couples. Foreign nationals, Overseas Citizens of India (OCI), and Persons of Indian Origin (PIO) are not permitted to apply.

3. Is single-parent or same-sex couple surrogacy allowed in India?
No. Only married heterosexual Indian couples who meet eligibility conditions can access surrogacy.

4. Who can be a surrogate mother under the Act?
A surrogate must be a close relative, a married woman aged 25–35 years, with at least one biological child, and can be a surrogate only once in her lifetime.

5. What happens if someone engages in commercial surrogacy?
Engaging in commercial surrogacy is a criminal offence punishable by up to 10 years of imprisonment and a fine of up to ₹10 lakh.

6. Does the child born through surrogacy have legal rights?
Yes. The child is recognized as the biological and legal child of the intending couple, enjoying full rights accordingly.

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The important equivalent sections comparing the old sections of Indian Evidence Act, 1872 with new sections…

Kishan Dutt Kalaskar 16 Sep 2025

The important equivalent sections comparing the old sections of Indian Evidence Act, 1872 with new sections in Bharatiya Sakshya Adhiniyam, 2023The Bharatiya Sakshya Adhiniyam (BSA), 2023, has replaced read more

The important equivalent sections comparing the old sections of Indian Evidence Act, 1872 with new sections in Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam (BSA), 2023, has replaced the historic Indian Evidence Act (IEA) of 1872, introducing numerous changes to bring evidence law in India in line with technological advancements and contemporary social realities. Understanding the important equivalent sections, their differences, and the legislative intent behind these changes is crucial for legal professionals, students, and anyone interested in Indian law. Below is a comprehensive guide, including a chart, detailed analysis, a sound conclusion, and frequently asked questions.

Overview of the Comparison

The BSA, 2023, largely restructures and modernizes the provisions of the IEA, 1872, retaining many foundational principles while streamlining language and introducing new concepts, especially concerning electronic evidence. Many old sections are substantially retained, but some are amalgamated, modernized in terminology, or removed entirely to reflect current legal requirements.

Key Changes and Legislative Intent: -

Modernization and Language Clarity

The BSA updates colonial language, using modern terms like "advocate" instead of "vakil" and "person" instead of "man".
Outdated illustrations and references are revised (e.g., city names updated, gender-neutral terms used).

Electronic and Digital Evidence

The BSA clearly recognizes 'electronic and digital records' as documents and primary evidence, aligning with modern technological realities.
Electronic records, including those stored in smartphones, laptops, and semiconductors, are considered at par with conventional documents, expanding the scope of admissible evidence.

Streamlining and Combining Provisions

Sections dealing with confessions (Sections 24, 28, 29 of the IEA) are consolidated for greater clarity and accessibility (now under Section 22, BSA).
Several sections in the IEA related to admissions and confessions are written as subsections or combined in BSA for smooth comprehension.

Omission and Inclusion

The BSA removes sections which are no longer contextually relevant, such as those related to jurisdictional legacy and obsolete communications technology (e.g., telegraphic messages).
It introduces explicit reference to contemporary laws and harmonizes definitions with the Information Technology Act and new criminal codes.

Gender Sensitivity and Social Relevance

Terms like “ravished” are replaced with “raped,” and “son” becomes “child” in legitimacy presumptions, making the law gender-neutral and socially relevant.

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023, marks a pivotal shift in India’s evidence law, aiming to make the system more effective, accessible, and equipped for the digital age. By carefully updating, consolidating, and modernizing the provisions of the Indian Evidence Act, the BSA bridges the gap between the 19th-century legal context and present-day realities. Its reforms are expected to result in more efficient trials and a stronger framework for the administration of justice in India.

FAQ

1. What are the key changes introduced in the BSA, 2023 as compared to the IEA, 1872?

· The BSA expands the definition of “evidence” to include electronic and digital records, consolidates and revises confession-related sections, modernizes terminology, and omits outdated sections.

2. How does BSA, 2023 address technological changes?

· The new law provides explicit rules for digital and electronic evidence, treating records from devices as primary evidence and making provisions for admissibility and certification.

3. Is the Bharatiya Sakshya Adhiniyam completely distinct from the Indian Evidence Act?

· Although the framework remains similar, the BSA updates, expands, and modernizes many areas for clarity and technological relevance while removing obsolete provisions.

4. Why were some sections from the IEA omitted in the BSA?

· Sections irrelevant in the modern Indian context or replaced by advances in technology and legal jurisdiction, such as those concerning telegraphs or the colonial state, were omitted.

5. Will legal proceedings initiated under the IEA continue?

The BSA contains a repeal and saving clause to ensure seamless transition and prevent disruption of ongoing proceedings.

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How to Get Clear of a Bank Account Frozen Due to Cyber Crime: A Complete Guide

Kishan Dutt Kalaskar 16 Sep 2025

How to Get Clear of a Bank Account Frozen Due to Cyber Crime: A Complete GuideHaving your bank account frozen under suspicion of cybercrime can be a stressful and financially disruptive experience. Banks read more

How to Get Clear of a Bank Account Frozen Due to Cyber Crime: A Complete Guide

Having your bank account frozen under suspicion of cybercrime can be a stressful and financially disruptive experience. Banks and cybercrime authorities take such actions seriously to prevent fraud, money laundering, or other illegal activities. However, if one’s account is frozen due to a misunderstanding or wrongful accusation, there are clear legal and procedural steps to get it unfrozen and restore access. This blog explores how to navigate this sensitive situation effectively.

Why Bank Accounts Get Frozen in Cybercrime Cases

Bank accounts may be frozen when authorities suspect involvement in cybercrimes such as phishing, identity theft, online scams, money laundering, hacking, or fraudulent transactions. Sometimes, even being linked unknowingly to suspicious transactions or complaints by others can trigger the freeze. The freeze is an investigative measure to prevent further illegal movement of funds until authorities verify the facts.

Step-by-Step Process to Unfreeze Your Bank Account:-

1. Contact Your Bank Immediately
The first action should be to call or visit the bank branch where the account is held. Request clear information about the freeze, including any legal orders or notices the bank has received. Ask for documentation or communication from the cybercrime cell or police that justified the freeze. Understanding the reason behind the action is crucial for your next steps.

2. Consult a Cybercrime Lawyer
Engage a lawyer who specializes in cyber law and banking disputes. Although this may involve consultation fees, a knowledgeable advocate can guide the right legal strategy, help communicate with authorities, and avoid pitfalls such as self-incriminating statements or confusion during police inquiries. A lawyer can aid in submitting the proper documentation and petitions to expedite the unfreeze process.

3. Cooperate with Cybercrime Investigation
If your account is under investigation, cooperate by providing truthful information and requested documents like identity proofs, transaction records, and proofs of legitimate activities. Cooperation strengthens your credibility and often speeds up resolution. However, it is advised to coordinate these with your lawyer to protect your rights. Report the complaint on National Cybercrime Reporting Portal Helpline Number (1930).

4. File a Formal Response/Complaint
File a formal written complaint or explanation with the local police cybercrime cell. Include evidence such as bank statements showing normal transactions or proof that you were not involved in suspicious activities. Obtain an FIR or case reference number that acknowledges your complaint, which forms part of the official record.

5. Use Bank Grievance Redressal Mechanisms
If the bank itself froze the account due to internal suspicion, use the bank’s grievance redressal system. File a formal grievance explaining the situation and request a review. Banks generally respond to grievances within a prescribed period. This step can sometimes lead to faster resolutions if the freeze was placed on weak grounds.

6. Approach the Cyber Appellate Tribunal or Courts
If all informal and administrative avenues fail, escalate the matter by filing a petition in the relevant court or Cyber Appellate Tribunal. The courts can direct authorities or banks to lift the freeze if it is found unjustified. Filing legal petitions should always be done with professional legal assistance to ensure proper grounds and procedural correctness.

7. Monitor Account and Follow Up
Track your account status regularly. Sometimes, delays occur due to investigation complexities. Keep regular follow-ups with the bank and your legal advisor until you receive confirmation of the account unfreeze. Staying transparent and persistent is crucial during this stage.

Conclusion

Having a bank account frozen due to cybercrime suspicion is challenging but not insurmountable. Prompt action, effective communication with the bank and cybercrime authorities, and professional legal help form the cornerstone of a successful resolution. Always ensure honesty and cooperation while protecting your rights with legal counsel. Following the outlined steps can lead to clearing the account freeze and restoring financial normalcy as quickly as possible.

FAQs

Q1: How long does it take to unfreeze a bank account frozen due to cybercrime?
A1: The duration varies depending on the investigation's complexity, but typically it may take anywhere from 7 to 30 days or longer if legal proceedings are involved.

Q2: Can I withdraw money from my account while it is frozen?
A2: No. A frozen account restricts all withdrawals and transactions until the freeze is lifted by legal or banking authorities.

Q3: Should I immediately contact the police if my account is frozen for cybercrime?
A3: Yes, but it is essential to consult a cybercrime lawyer before engaging deeply with police investigations to avoid misunderstandings or self-incrimination.

Q4: What documents should I prepare to get my account unfrozen?
A4: Prepare your identification proof, bank statements, transaction receipts, correspondence related to the freeze, and any documents proving the legitimacy of transactions.

Q5: Is it possible to unfreeze a bank account if the crime was committed by someone else using my identity?
A5: Yes. By providing solid evidence such as identity theft reports and documents proving your innocence, you can use legal channels to get your account unfrozen.

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How to Change Advocate in Civil Cases, Criminal Cases, and Advocates before High Court: What You Need…

Kishan Dutt Kalaskar 16 Sep 2025

How to Change Advocate in Civil Cases, Criminal Cases, and Advocates before High Court: What You Need to KnowIntroductionIn India, the right to legal representation is fundamental, and choosing read more

How to Change Advocate in Civil Cases, Criminal Cases, and Advocates before High Court: What You Need to Know

Introduction

In India, the right to legal representation is fundamental, and choosing an advocate is one of the most crucial decisions in any legal matter. However, circumstances sometimes arise where a client feels dissatisfied with their current advocate due to lack of communication, delay in proceedings, differences in opinion, or loss of trust. In such situations, the law permits a client to change their advocate, whether in civil cases, criminal cases, or even before the High Court.

This blog explains the process of changing an advocate, the legal requirements, and important points to remember before making this decision.

1. Changing an Advocate in Civil Cases

In civil disputes (like property issues, contract disputes, or family matters), a party is free to change their advocate if they believe the current lawyer is not serving their best interests.

Process:

1. Obtain a No Objection Certificate (NOC):

o The new advocate usually requires a No Objection Certificate from the previous lawyer.

o The NOC indicates that the previous lawyer has no objection to the client engaging a new one.

2. Vakalatnama of the New Advocate:

o The client must sign a fresh Vakalatnama(a legal document authorizing an advocate to appear on behalf of a party) in favor of the new advocate.

Filing Before the Court:

The new Vakalatnama (with or without NOC, depending on circumstances) is filed before the court.

Important Note:

If the old advocate refuses to provide an NOC, the court has the power to permit the new advocate to appear after ensuring there are valid reasons for the change.

2. Changing an Advocate in Criminal Cases

Criminal proceedings are more sensitive, as they involve the liberty and reputation of the accused. Even in these cases, a party has the right to change their advocate.

Process:

File New Vakalatnama:

Just like in civil cases, the client must sign a new Vakalatnama for the replacement advocate.

Court’s Permission (if necessary):

In criminal cases, courts often insist on being informed about the change to prevent delays.
If the previous advocate withholds an NOC, the new advocate can request the court to allow representation.

Impact on Bail and Trial:

Changing advocates during bail applications or ongoing trials should be done carefully, as delay tactics are generally discouraged by courts.

3. Changing Advocates before the High Court

High Court cases—be it writ petitions, appeals, or revisions—are more technical, and clients sometimes feel the need for a more experienced lawyer.

Process:

1. File a New Vakalatnama:

o The procedure is the same: signing and submitting a fresh Vakalatnama in favor of the new advocate.

2. NOC Requirement:

o The previous advocate’s NOC is generally required, but if refused, the High Court may allow the new advocate after recording reasons.

3. Special Consideration in High Courts:

o High Courts are particular about preventing misuse of frequent advocate changes, especially if the intention is to delay proceedings.

o Therefore, it is advisable to make the switch early in the case.

Key Points to Remember Before Changing an Advocate

Settle Accounts: Ensure that all pending fees and expenses are cleared with the previous advocate to avoid disputes.
Avoid Delays: Changing lawyers frequently may delay your case, and courts sometimes frown upon such practices.
Professional Ethics: An advocate should not object to an NOC if professional dues are cleared.
Client’s Right: Ultimately, the right to engage or change an advocate lies with the client. The law protects this right to ensure fair representation.

Conclusion

Changing an advocate is a client’s legal right, but it should be exercised with caution. Whether in civil cases, criminal trials, or proceedings before the High Court, the process requires signing a fresh Vakalatnama and, in most cases, obtaining a No Objection Certificate from the previous lawyer. While courts allow changes in genuine circumstances, unnecessary or frequent switches can harm the case. Therefore, clients should carefully evaluate their reasons, clear pending dues, and proceed responsibly to ensure smooth legal representation.

FAQs

1. Can I change my advocate in the middle of a case?
Yes, you can change your advocate at any stage of the proceedings, whether civil, criminal, or High Court matters, by filing a fresh Vakalatnama.

2. What if my previous advocate refuses to give a No Objection Certificate (NOC)?
If the previous advocate refuses, the new advocate can request the court’s permission to represent you. Courts generally allow it if there are valid reasons.

3. Do I need to pay the old advocate even if I change lawyers?
Yes, you are legally bound to clear pending fees and expenses with your previous advocate before engaging a new one.

4. Can changing advocates delay my case?
Yes, frequent changes can cause delays, as the new lawyer needs time to study the case. Courts also discourage unnecessary changes to prevent misuse.

5. Is there any restriction on the number of times I can change my advocate?
No legal restriction exists, but frequent changes may be seen as an attempt to delay proceedings. It is best to avoid multiple switches unless absolutely necessary.

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How Arbitration Proceedings Affect Small Borrowers in Banking Disputes

Kishan Dutt Kalaskar 16 Sep 2025

How Arbitration Proceedings Affect Small Borrowers in Banking Disputes.INTRODUCTIONThe effect of arbitration proceedings initiated by banks against small borrowers is a multifaceted subject involving read more

How Arbitration Proceedings Affect Small Borrowers in Banking Disputes.

INTRODUCTION

The effect of arbitration proceedings initiated by banks against small borrowers is a multifaceted subject involving legal, financial, and social aspects that directly impact the relationship between lenders and the borrowing public. Arbitration serves as an alternative dispute resolution mechanism that aims to provide a faster, more cost-effective, and private alternative to traditional court litigation. However, when banks invoke arbitration against small borrowers, the consequences are both positive and challenging for borrowers.

Understanding Arbitration in Bank-Borrower Disputes

Arbitration clauses in loan agreements authorize banks and borrowers to resolve their disputes outside court, through an independent arbitrator or panel. Arbitration proceedings generally reduce delays typical in litigation and cut down legal expenses, which benefits borrowers who may lack the resources to cope with prolonged court proceedings. Arbitration also offers confidentiality, protecting borrowers' financial data and reputations from public exposure. Furthermore, arbitrators with expertise in finance and banking law are better positioned to understand the complexities of loan agreements and offer fair judgments.

However, not all disputes related to loans are arbitrable. For instance, enforcement of security interests under acts like the SARFAESI Act in India typically is not subject to arbitration but instead requires Debts Recovery Tribunals (DRT) or courts' intervention. Recent legal interpretations clarify that pure debtor-creditor disputes involving loan default and security enforcement fall outside arbitration if the borrower is a small entity; instead, remedies lie with the DRT.

Effects on Small Borrowers

1. Faster Resolution: Arbitration can accelerate dispute resolution when compared to court litigation, helping small borrowers settle their issues quickly rather than being stuck in years-long court cases.

2. Cost Implications: Arbitration can be less expensive than traditional court cases since it reduces court fees and procedural costs, offering financial relief to small borrowers with limited budgets.

3. Potential Power Imbalance: A core challenge is the inherent imbalance in bargaining power. Banks often dictate arbitration clauses in standard loan agreements without negotiation, potentially putting small borrowers at a disadvantage.

4. Accessibility Concerns: Despite lower costs, arbitration fees and arbitrator appointment complexities might still be burdensome for some small borrowers, limiting their access to an effective forum.

5. Binding Awards: Arbitral awards are final and enforceable by law, which means small borrowers must comply with the decisions, adding pressure to accept settlements even when disputes are complex.

6. Delays in Appointment: The arbitrator appointment process can be delayed if one party opposes, leading to further waiting times, which may defeat the purpose of quick dispute resolution.

Legal and Regulatory Context

The legal framework governing arbitration in bank-borrower disputes varies by jurisdiction but generally includes measures to protect borrower rights while enabling banks to recover dues efficiently. In India, Section 11 of the Arbitration and Conciliation Act and the SARFAESI Act provide guidance but exclude certain debtor-creditor enforcement actions from arbitration. Courts often have the final say on whether a dispute is arbitrable, striking a balance between efficiency and borrower protection.

Conclusion

Arbitration proceedings initiated by banks against small borrowers offer significant advantages including faster dispute resolution, cost efficiency, and confidentiality. However, challenges such as power imbalances, potential accessibility issues, and strict enforcement of arbitral awards need careful regulation. To protect small borrowers, it is crucial to ensure arbitration agreements are fair, transparent, and that borrowers have meaningful access to justice. Strong legal oversight and borrower awareness are indispensable for arbitration to be an equitable tool that fosters trust and stability between banks and their smaller customers.

FAQs

Q1: What types of bank disputes involving small borrowers can be resolved through arbitration?

Disputes related to loan agreements, repayment terms, and minor contractual disagreements often can be settled through arbitration if both parties agree. However, enforcement actions involving security interests may require court or tribunal proceedings.

Q2: Is arbitration cheaper and faster than court litigation for small borrowers?

Generally, yes. Arbitration tends to be quicker and less costly due to streamlined procedures and lower court-related fees. This benefits small borrowers by reducing financial and time burdens.

Q3: Can small borrowers challenge the appointment of an arbitrator if they believe bias exists?

Yes. Borrowers can raise objections to arbitrator appointments on grounds of partiality or conflict of interest, though doing so might lead to procedural delays.

Q4: Are arbitral awards legally binding on small borrowers?
Yes. Once a decision is issued by the arbitrator, it is binding and enforceable like a court judgment. Borrowers must comply or face enforcement actions.

Q5: What protections exist to balance power between banks and small borrowers in arbitration?

Legal frameworks promote fair arbitration practices, require disclosure of conflicts, and sometimes mandate borrower consent for arbitration clauses. Regulatory bodies and courts can intervene if arbitration is abused.

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