𝗧𝗼𝗽 𝟭𝟬 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁𝘀 – 𝗢𝗰𝘁𝗼𝗯𝗲𝗿 𝟮𝟬𝟮𝟱

 

𝐋𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐑𝐮𝐥𝐢𝐧𝐠: 𝐈𝐧-𝐇𝐨𝐮𝐬𝐞 𝐂𝐨𝐮𝐧𝐬𝐞𝐥 𝐍𝐨𝐭 𝐂𝐨𝐯𝐞𝐫𝐞𝐝 𝐛𝐲 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟑𝟐 𝐂𝐥𝐢𝐞𝐧𝐭-𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐏𝐫𝐢𝐯𝐢𝐥𝐞𝐠𝐞 𝐮𝐧𝐝𝐞𝐫 𝐁𝐒𝐀, 𝟐𝟎𝟐𝟑

 
A significant judgment by the Supreme Court of India, delivered on 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 𝟑𝟏, 𝟐𝟎𝟐𝟓, has clarified the scope of 𝐜𝐥𝐢𝐞𝐧𝐭-𝐚𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐩𝐫𝐢𝐯𝐢𝐥𝐞𝐠𝐞 under the newly enacted 𝐁𝐡𝐚𝐫𝐚𝐭𝐢𝐲𝐚 𝐒𝐚𝐤𝐬𝐡𝐲𝐚 𝐀𝐝𝐡𝐢𝐧𝐢𝐲𝐚𝐦 (𝐁𝐒𝐀), 𝟐𝟎𝟐𝟑. The apex court, in the suo motu case titled In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues, held that 𝐢𝐧-𝐡𝐨𝐮𝐬𝐞 𝐜𝐨𝐮𝐧𝐬𝐞𝐥 𝐚𝐫𝐞 𝐧𝐨𝐭 𝐞𝐧𝐭𝐢𝐭𝐥𝐞𝐝 𝐭𝐨 𝐭𝐡𝐞 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐩𝐫𝐢𝐯𝐢𝐥𝐞𝐠𝐞 𝐮𝐧𝐝𝐞𝐫 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟑𝟐 𝐨𝐟 𝐭𝐡𝐞 𝐁𝐒𝐀.

https://www.linkedin.com/pulse/landmark-ruling-in-house-counsel-covered-section-132-priv-kattungal-aegaf

This ruling has profound implications for the corporate legal landscape, creating a clear distinction between the protections afforded to independent practicing advocates and those functioning as salaried employees of a corporation.

𝐓𝐡𝐞 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭’𝐬 𝐊𝐞𝐲 𝐂𝐥𝐚𝐫𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧

The three-judge Bench, comprising 𝐂𝐡𝐢𝐞𝐟 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚 𝐁. 𝐑. 𝐆𝐚𝐯𝐚𝐢, 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐊. 𝐕𝐢𝐧𝐨𝐝 𝐂𝐡𝐚𝐧𝐝𝐫𝐚𝐧 (𝐰𝐡𝐨 𝐚𝐮𝐭𝐡𝐨𝐫𝐞𝐝 𝐭𝐡𝐞 𝐣𝐮𝐝𝐠𝐦𝐞𝐧𝐭), 𝐚𝐧𝐝 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐍. 𝐕. 𝐀𝐧𝐣𝐚𝐫𝐢𝐚, issued a set of crucial directions primarily to curb the arbitrary summoning of practicing advocates by investigative agencies. While doing so, the Court also addressed the status of in-house counsel:

• 𝐄𝐱𝐜𝐥𝐮𝐬𝐢𝐨𝐧 𝐟𝐫𝐨𝐦 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟑𝟐: The Court explicitly stated that 𝐢𝐧-𝐡𝐨𝐮𝐬𝐞 𝐜𝐨𝐮𝐧𝐬𝐞𝐥—as full-time salaried employees—𝐝𝐨 𝐧𝐨𝐭 𝐪𝐮𝐚𝐥𝐢𝐟𝐲 𝐚𝐬 ‘𝐚𝐝𝐯𝐨𝐜𝐚𝐭𝐞𝐬’ for the purpose of the absolute professional privilege granted under Section 132 of the BSA, 2023. Section 132 protects a lawyer from being compelled to disclose communications made to them by or on behalf of their client in the course and for the purpose of their professional engagement.
• 𝐑𝐚𝐭𝐢𝐨𝐧𝐚𝐥𝐞: The distinction appears to stem from the fact that in-house counsel are not seen as advocates "𝐩𝐫𝐚𝐜𝐭𝐢𝐬𝐢𝐧𝐠 𝐢𝐧 𝐜𝐨𝐮𝐫𝐭𝐬" in the traditional sense, which is a common prerequisite for statutory protections afforded to the Bar. Their primary role is often administrative and advisory within the employer-employee relationship, rather than being an independent practitioner.

  #LegalPrivilege #InHouseCounsel #SupremeCourtIndia   #BSA2023   #BharatiyaSakshyaAdhiniyam #UAELegalJobs#KeralaLawyers #BarCouncilKerala #CalicutLawCollege #DistrictAndSessionsCourt,#KeralaLawAlumni, #GulfLegalNetwork

 

Delhi High Court Denies Permanent Alimony to High-Earning Govt Officer, Upholds Divorce Based on Cruelty

 Case Summary (MAT.APP.(F.C.) 2/2024)

The Delhi High Court recently issued a landmark judgment impacting financially independent professionals in divorce proceedings. The Court upheld a divorce granted to a husband (an advocate) against his wife (a Senior Group 'A' Government Officer, IRTS) on the grounds of cruelty, while simultaneously rejecting the wife's claim for permanent alimony.

Key Findings & Legal Precedent:

Issue	Court's Ruling	Implication
Divorce	Granted to the Husband.	Found the Wife's actions, including severe abuse and filing complaints with high authorities to damage the Husband’s career, constituted legal cruelty.
Alimony	Denied to the Wife.	Ruled that alimony is for support, not a "severance bonus." Given the Wife's substantial and secure government income, she was deemed not dependent on the Husband.
Monetary Demand	Wife's persistent demand for a $50 Lakhs payout was noted.	The Court viewed this as a "monetary motive" and an act of bad faith to force a settlement, which negatively impacted her case.

---

Impact for Professionals:

This ruling reinforces that for short-duration, childless marriages between high-earning spouses, the principle of financial independence is paramount. A substantial, secure income significantly reduces the legal basis for claiming permanent alimony.

𝐁𝐞𝐲𝐨𝐧𝐝 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟕𝟑: 𝐌𝐚𝐬𝐭𝐞𝐫𝐢𝐧𝐠 𝐭𝐡𝐞 𝐂𝐡𝐚𝐫𝐠𝐞 𝐒𝐡𝐞𝐞𝐭 𝐢𝐧 𝐭𝐡𝐞 𝐍𝐞𝐰 𝐄𝐫𝐚 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚𝐧 𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐋𝐚𝐰

 On the 12th, hundreds of fresh law graduates were formally enrolled as advocates by the Bar Council of Kerala

. This two-day ceremony marks a pivotal moment — transitioning a cohort of dedicated students into officers of the court, ready to uphold the traditions of the Bar while navigating the complexities introduced by India’s new criminal and evidence laws: the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS).

As they step into the courtroom, they face a transformed legal landscape shaped by these reforms. Their induction is not just a personal milestone, but a crucial reinforcement of the State’s judiciary — bringing renewed energy to the pursuit of justice across Kerala’s courts.

For newly enrolled lawyers or seasoned practitioners adapting to the new code, a strategic approach to reading this document is now more critical than ever. It's no longer just about Section 173 of the CrPC; it's about navigating the enhanced procedural mandates of the BNSS.

1.     The Statutory Shift: CrPC to BNSS

2.     The 'Police Report' (Charge Sheet) was governed by Section 173(2) of the CrPC. This core principle of final reporting after investigation is largely retained, but the new law, the BNSS, has introduced key deadlines and obligations that redefine a 'perfect' charge sheet.

Old Law (CrPC, 1973)	New Law (BNSS, 2023)	Key Impact on the Charge Sheet
Section 173(2) (Police Report)	Section 193(3) (Police Report)	The core contents remain similar (names, nature of offence, evidence), but the surrounding procedural duties are stricter.
Supply of Documents	Section 193(6) (Supply of Documents)	Mandates the police to furnish the accused and the victim with copies of the Police Report, statements, and other documents within 14 days of taking cognizance. Delaying this now has a clear statutory timeline.
Status to Victim/Informant	Generally, no clear timeline	Section 193(3)(ii)
Digital Evidence	Governed by Section 65B of the Indian Evidence Act, 1872	The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaces. The new law (BSA) integrates the procedure, and the encourages electronic/digital filing (Sec. 530). The Certificate ( equivalent) becomes non-negotiable for admissibility.

2. The BNSS Checklist: A 5-Point Critique for New Lawyers

A robust review of a charge sheet in the new legal environment requires checking for compliance with the BNSS's enhanced mandates:

A. Mandatory Forensic Examination (Sec. 176 BNSS)

For any offence punishable with imprisonment for seven years or more, the Investigating Officer must ensure a forensic expert visits the crime scene to collect and record evidence.²

• Your Critique: If the offence is grave (e.g., murder, serious rape), is there an accompanying report or a record of the forensic expert’s visit? A failure here can significantly prejudice the prosecution's case.

B. Audio-Video Recording Compliance (Sec. 172 BNSS)

The promotes the use of audio-video electronic means for recording certain processes, including identification proceedings, search, and seizure.⁴

• Your Critique: For high-stakes searches/seizures, check the file for a memo confirming audio-video recording. This procedural safeguard is a key transparency measure; its absence can be a powerful defence point, challenging the integrity of the Panchnama (seizure memo).

C. The 14-Day Document Timeline (Sec. 193(6) BNSS)

The mandate to supply the Police Report and other documents (statements, exhibits) to the accused and the victim within 14 days of the Magistrate taking cognizance is an absolute right.⁵

• Your Critique: Has the deadline been met? Any delay, unless satisfactorily explained, could lead to procedural challenges or applications for expedited trial/document supply.

D. Consistency and Narrative Flow

This classic CrPC-era test remains the most potent tool. The charge sheet's narrative must be meticulously cross-referenced with all annexures.

Your Critique:

• Contradictions (The 'Lie'): Do the Section 161 witness statements contradict each other, or the final story?
• Omissions (The 'Gap'): Is there a key detail (e.g., weapon used, motive, time of incident) present in the FIR but conspicuously absent from the witness statements? Omissions are powerful impeachment tools during cross-examination.
• Corroboration (The 'Support'): Does the documentary/physical evidence (MLC, FSL report, site plan) genuinely support the prosecution's story, or is it neutral/contradictory?

E. Remand and Police Custody Audit (Sec. 47(3) BNSS)

The BNSS has changed the rules for police custody (PC), allowing the 15-day period of PC to be taken in whole or in part at any time during the initial 40 or 60 days of judicial custody (depending on the maximum sentence).⁸

• Your Critique: Ensure that the remand orders attached to the charge sheet comply with the new BNSS provisions and Supreme Court rulings (which still hold value for Pari Materia sections). Look for unwarranted or delayed requests for police custody.

Conclusion: The Modern Litigator's Edge

The BNSS represents a paradigm shift toward a process-driven, technology-integrated, and victim-centric criminal justice system.¹⁰ For the modern legal professional, reading a charge sheet is no longer a clerical exercise of tallying sections. It is a strategic audit:

1. Audit for BNSS compliance (Forensics, Digital Record, Timelines).
2. Audit for evidentiary gaps (Contradictions, Omissions).
3. Formulate a strategy for Discharge (Sec 227/239 CrPC equivalent in BNSS) based on the IO's failure to meet BNSS procedural rigor.

Mastering the charge sheet in the post-CrPC era is the single most important skill for a young lawyer seeking an edge in criminal practice. Adapt quickly, as the rules of the game have changed.

 

A New Era of Justice? Decoding the Laws Passed by India's Parliament

 In the last two weeks, the Indian Parliament has concluded its Monsoon Session, during which it passed several important pieces of legislation. Here are some of the key laws that have been approved:

1. The Promotion and Regulation of Online Gaming Bill, 2025

This bill, which passed in both the Lok Sabha and Rajya Sabha, aims to regulate the online gaming industry. It seeks to differentiate between games of skill and games of chance, with a primary objective of banning all online games that involve monetary transactions to curb addiction, financial fraud, and money laundering. The legislation also prohibits advertising for these games and restricts financial institutions from facilitating transactions for such platforms. The government has stated its intent to promote e-sports and online social games while regulating harmful money-based gaming.

2. Taxation Laws (Amendment) Bill, 2025, and Income-Tax (No. 2) Bill, 2025

Passed by the Lok Sabha, these two bills are intended to amend and consolidate the existing laws related to income tax. The specific details of the amendments aim to reform the country's tax framework.

3. The Indian Institutes of Management (Amendment) Bill, 2025

This bill was passed to facilitate the establishment of a new Indian Institute of Management (IIM) in Guwahati, Assam.

4. Merchant Shipping Bill, 2025

The Rajya Sabha passed this bill to amend the law related to merchant shipping. The details of the bill are intended to improve the regulatory framework for the shipping industry.

5. Constitutional and Political Bills

The Parliament also saw the introduction of several bills related to constitutional and political matters, though some have been referred to a joint committee for further scrutiny. One such bill is the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which proposes the removal of a Prime Minister, Chief Minister, or other ministers from office if they are jailed for 30 consecutive days on serious criminal charges. This bill, along with two related pieces of legislation for Union Territories and Jammu and Kashmir, has been a subject of significant debate and protest from the opposition.

The Monsoon Session, which concluded on August 21, 2025, was marked by repeated disruptions and protests from the opposition, which led to lower-than-expected productivity in both the Lok Sabha and Rajya Sabha. Despite the disruptions, the government was able to pass a significant number of bills.

 #IndianParliament  #NewLaws #LegalReforms #IndianPolitics #ParliamentOfIndia

 

India's Legal Landscape: May 2025 Trends You Can't Ignore

 Cashless Treatment for Road Accident Victims

The Indian government has rolled out a cashless medical treatment scheme for road accident victims. Under this initiative, injured individuals can receive medical care up to ₹1.5 lakh for seven days at designated hospitals without upfront payments. This move aims to improve emergency healthcare accessibility and reduce financial distress for victims.

AI-Based Forest Monitoring System

Madhya Pradesh has become the first state in India to implement AI-powered forest surveillance, enabling real-time monitoring of illegal deforestation and encroachments. Using cutting-edge technology, authorities can track environmental violations more effectively, strengthening conservation efforts.

Approval of Greenfield Airports

The government has approved the establishment of Greenfield airports in Kota (Rajasthan) and Puri (Odisha), improving regional connectivity and boosting economic development. These airports are expected to enhance business opportunities and support tourism growth in their respective locations.

Supreme Court Upholds Employment Bond Validity

In a significant ruling, the Supreme Court has affirmed the validity of employment bonds, requiring employees to honor a minimum tenure or compensate employers with liquidated damages upon premature resignation. The judgment reinforces contractual obligations in employment agreements, ensuring legal clarity for businesses and professionals.

Revised TDS Rules for Professional Payments

New Tax Deducted at Source (TDS) regulations have come into effect, impacting payments to professionals, brokers, and landlords. The amendments adjust thresholds for deductions and revise remuneration limits for business partners, strengthening tax compliance measures in various sectors.

Explosive Changes in 2024! How Will the Waqf Amendment Affect You?

 The Waqf Amendment Bill, 2024 introduces significant changes to the Waqf Act of 1995, aiming to improve the management, transparency, and modernization of Waqf properties. Here’s a detailed breakdown:

Core Objectives

• Improved Management: Enhances efficiency and transparency in Waqf property administration.
• Modernization: Introduces technology-driven record management, including a centralized digital portal.
• Clarity & Streamlining: Refines definitions and procedures to reduce disputes and ambiguity.

Key Proposed Changes

• Composition of Waqf Boards: Includes non-Muslim members in the Central Waqf Council and state Waqf boards, sparking debate.
• Survey of Waqf Properties: Transfers responsibility from Survey Commissioners to District Collectors, raising concerns about government influence.
• Definition & Creation of Waqf:
• Removes "Waqf by user", a source of legal disputes.
• Limits Waqf declaration to individuals practicing Islam for at least 5 years.
• Government Properties: Clarifies that government-owned properties will not be considered Waqf, with Collectors determining ownership.
• Waqf Tribunals: Revises tribunal composition and appeal processes to the High Court.
• Technology Integration: Implements a centralized portal for Waqf property management.

Areas of Controversy

• Perceived Government Interference: Critics argue that the bill oversteps into religious affairs.
• Representation Concerns: The inclusion of non-Muslim members in Waqf boards remains highly debated.
• Authority of District Collectors: Expanded survey responsibilities raise concerns about potential misuse of power.

Political & Legal Developments

• The bill is currently under debate in Lok Sabha, with strong opposition from various political groups2.
• Legal experts and community leaders are closely monitoring its implications.
  

For official updates, refer to:

• PRS Legislative Research for detailed analysis.
• Government of India publications for official statements.
• News sources like The Hindu, The Indian Express, and Times of India for ongoing coverage.

  #WaqfAmendmentBill2024 , #WaqfAct1995Reform ,  #IndianWaqfChanges,  #WaqfModernizationIndia ,  #WaqfPropertyDebate