Frequently Asked Questions

Obtain a certified copy of the FIR immediately and evaluate whether the alleged offenses are bailable or non-bailable under the Bharatiya Nyaya Sanhita (BNS) 2023. If non-bailable, apply for Anticipatory Bail before the Sessions Court or High Court to protect personal liberty against police arrest.

In bailable offenses, grant of bail is a statutory right, and police or magistrates must release the accused upon submitting proper bail bonds. In non-bailable offenses, bail is not an automatic right; it is adjudicated at the judicial discretion of the court based on offense gravity and evidence.

BNSS 2023 introduces mandatory statutory timelines for police investigation reports, framing of charges, and pronouncement of criminal trial judgments within 30 to 45 days after trial arguments conclude.

Yes. Under Section 482 of BNSS 2023, any person holding reasonable apprehension of arrest on accusation of having committed a non-bailable offense can apply to the High Court or Sessions Court for anticipatory bail.

A Zero FIR allows a crime victim to lodge an FIR at any police station regardless of territorial jurisdiction. It is registered under number '0' and immediately transferred to the competent police station for investigation.

Submitting a written representation to the Superintendent of Police (SP) or filing a direct judicial application before the Magistrate Court under BNSS provisions compels registration and police investigation.

A petition under Section 528 of BNSS 2023 can be filed in the High Court establishing that the FIR fails to disclose a cognizable offense or represents a clear abuse of legal process.

Right to be informed of grounds of arrest, right to consult legal counsel of choice, right to medical examination every 48 hours, and mandatory production before a Magistrate within 24 hours of arrest.

A partition suit is a civil proceeding filed in court to divide joint family or ancestral property among legal co-sharers according to their statutory entitlement under applicable succession laws.

Title verification requires conducting a 30-year search at the Sub-Registrar office, inspecting revenue records (Jamabandi/Khasra), verifying municipal revenue permissions, and issuing newspaper public notices.

An ex-parte decree is passed when the defendant fails to appear despite receiving summons. The defendant can file an application under Order 9 Rule 13 CPC within 30 days to set aside the decree showing sufficient cause for absence.

Filing a civil suit for permanent injunction and recovery of physical possession under the Specific Relief Act, alongside lodging police complaints for criminal trespass.

RERA mandates real estate developers to adhere to approved construction schedules, deposit 70% project funds in escrow accounts, and pay penal interest to buyers for possession delays.

Under Section 49 of the Registration Act, an unregistered sale agreement cannot transfer legal title, but it can be admitted as evidence of contract in a suit for specific performance.

Order 37 CPC allows creditors to recover liquidated debts arising from bills of exchange or written contracts through a fast-track summary trial where defendants must obtain court leave to defend.

Filing a Caveat in High Court or District Court ensures that the court will not pass any adverse ex-parte stay order without issuing prior written notice and hearing opportunity to the caveator.

Under Section 13 of the Hindu Marriage Act, grounds include cruelty, desertion for a continuous period of not less than 2 years, adultery, conversion, unsoundness of mind, or incurable venereal disease.

Courts evaluate maintenance based on the husband's actual net income, standard of living enjoyed during marriage, essential living expenses, and independent income of the spouse.

The welfare and best interest of the minor child is the paramount consideration. Mothers generally receive custody of minor children under 5 years, with structured visitation rights for fathers.

Stridhan includes all movable assets, jewelry, gifts, and cash given exclusively to a woman prior to or during marriage. A woman holds absolute legal ownership and can claim recovery through judicial proceedings.

Defense against exaggerated matrimonial complaints involves presenting electronic communications, documentary financial records, witness statements, and seeking FIR quashing before the High Court.

Yes, a Will can be contested in civil court on grounds of execution under coercion, undue influence, fraud, lack of testamentary capacity, or suspicious execution circumstances.

Issue a statutory legal demand notice within 30 days of receiving the cheque return memo. If unpaid after 15 days of notice delivery, file a Section 138 criminal complaint within 30 days.

Arbitration provides specialized, time-bound adjudication (typically completed within 12-18 months), complete procedural confidentiality, and flexible hearing schedules agreed upon by parties.

Cyber police units issue freeze orders to banks under Section 106 BNSS during transaction fraud investigations. Affected businesses can move court applications demonstrating clean legitimate funds to de-freeze accounts.

If an insurance company wrongfully rejects a commercial or health claim, a complaint can be filed before the Consumer Commission claiming full reimbursement plus compensation.

MSMEs registered under the MSMED Act can file online petitions before the MSEFC to claim compound interest at three times the RBI bank rate.

Section 12A mandates that commercial suits must undergo pre-institution mediation before court institution unless urgent interlocutory interim relief is contemplated.

Any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance required to be maintained by statutory law or contract.

Report the fraud on the National Cyber Crime Reporting Portal (1930 helpline) within the golden hour, notify the bank immediately, and lodge a formal cyber police complaint.

Manufacturers, sellers, and service providers can be held financially liable for harm or property damage caused by defective products or service deficiencies.

Yes, under Section 61 and Section 63 of the Bharatiya Sakshya Adhiniyam 2023 (formerly Sec 65B Indian Evidence Act), electronic records are admissible accompanied by mandatory electronic certificates.

Claims are filed before Motor Accident Claims Tribunals (MACT) based on police FIR reports and medical treatment records to compute multiplier compensation against vehicle insurers.

By instituting commercial suits for permanent injunction and damages before designated Commercial Courts under trademark and copyright statutes.

Bring all chronological dispute documents, contracts, legal notices received, court summons, police FIR copies, and a concise written summary of relevant facts.

Yes. SM LEGALIS provides litigation representation, statutory drafting, and advisory services for clients across India before High Courts, Commercial Courts, and Tribunals nationwide.

Fees are transparently discussed during initial consultation based on matter complexity, court forum, and scope of representation—structured on per-appearance, lump-sum trial, or retainer models.

Yes. All communications between clients and legal counsel at SM LEGALIS are privileged and confidential under Section 132 of the Bharatiya Sakshya Adhiniyam 2023.

Yes, NRIs can initiate and contest civil, property, and matrimonial matters through a duly executed Special Power of Attorney (SPA) attested by the Indian Embassy or Consulate.

Clients can schedule a consultation by submitting our online appointment form, calling our central chamber helpline, or sending a direct message via WhatsApp.