Indian Legal Services Guide

Legal Advisory Services in India

Legal advisory services cover the assessment of rights and obligations, drafting and reviewing legal documents, dispute resolution, court proceedings and statutory compliance. The principal areas discussed here are civil law, family and guardianship law, criminal law and corporate law.

Services may include advice, drafting, representation and coordination with qualified legal professionals, depending on the nature of the engagement. Court representation and legal practice must be undertaken by persons entitled to practise under applicable law, including the Advocates Act, 1961 and relevant professional rules.

Civil Law Advisory and Litigation

Civil law services encompass the filing and defence of civil suits, property and easement disputes, contractual claims, injunctions, recovery of money, compensation and damages, declarations and other civil remedies. Proceedings are generally governed by the Code of Civil Procedure, 1908 (CPC), subject to special statutes and the rules of the relevant court.

Civil suits, property disputes and declaratory relief

A civil suit may seek enforcement or protection of a civil right, including title, possession, contractual rights, easements or compensation. Section 9 of the CPC provides that civil courts have jurisdiction to try suits of a civil nature except where cognizance is expressly or impliedly barred. Section 34 of the Specific Relief Act, 1963 addresses declaratory decrees concerning legal character or rights to property, subject to its conditions.

Temporary, perpetual and mandatory injunctions

An injunction is a court order directing a person to refrain from specified conduct or, in appropriate cases, to perform an act. Order XXXIX Rules 1 and 2 of the CPC address temporary injunctions; sections 36 to 42 of the Specific Relief Act, 1963 govern preventive relief, including perpetual injunctions under section 38 and mandatory injunctions under section 39. Relief depends on the facts, statutory restrictions and judicial discretion.

Contracts, breach and damages

Contract advice includes negotiation, signing, interpretation, performance, termination and disputes over contractual liabilities. The Indian Contract Act, 1872 addresses agreements and enforceable contracts, including compensation for breach under sections 73 and 74. Specific performance and related relief are governed by the Specific Relief Act, 1963, as amended.

Money recovery and civil damages

Legal assistance may include recovery suits for unpaid invoices, loans, credit-card dues and other financial claims, as well as defending such suits. Order XXXVII of the CPC provides a summary procedure for specified classes of suits. The Limitation Act, 1963 determines applicable filing periods, which vary with the nature of the claim. Commercial disputes of the specified value may fall within the Commercial Courts Act, 2015, including its pre-institution mediation requirements where applicable.

Legal notices, civil documentation and opinions

Services include drafting and reviewing demand notices, replies, contracts, settlement deeds, affidavits, legal forms and opinions. A legal notice is not a universal prerequisite for every civil suit. For example, section 80 of the CPC prescribes notice requirements for certain suits against the government or public officers, subject to statutory exceptions. The need for notice must be assessed under the relevant law and facts.

Family Law, Matrimonial Disputes and Guardianship

Family law advice includes marriage and divorce disputes, judicial separation, maintenance, permanent alimony, restitution of conjugal rights where legally available, adoption, child custody, visitation, succession, probate, wills, gifts, family partitions and settlements. Applicable rules differ according to the parties and the governing personal or secular law.

Divorce, judicial separation and maintenance

For marriages governed by the Hindu Marriage Act, 1955, section 9 concerns restitution of conjugal rights, section 10 judicial separation, section 13 divorce and section 13B divorce by mutual consent. Sections 24 and 25 deal with maintenance pendente lite and permanent alimony respectively. Other matrimonial laws, including the Special Marriage Act, 1954, may apply depending on the marriage.

Maintenance and domestic violence

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for orders for maintenance of wives, children and parents in qualifying circumstances, replacing the corresponding framework under section 125 of the former CrPC for proceedings governed by the new law. The Protection of Women from Domestic Violence Act, 2005 provides civil protective remedies including protection, residence, monetary relief and custody orders, subject to its provisions.

Child custody, guardianship and visitation

The Guardians and Wards Act, 1890 and applicable personal laws govern guardianship and custody matters. Courts place primary importance on the welfare of the child. Advice may concern interim custody, parenting arrangements, visitation rights and enforcement of court orders.

Adoption, succession, probate and family settlements

Adoption may be governed by the Hindu Adoptions and Maintenance Act, 1956 or the Juvenile Justice (Care and Protection of Children) Act, 2015 and applicable adoption regulations. Estate planning and succession work may include drafting wills, seeking probate or letters of administration where required, and preparing family settlements or partition documents under applicable property and succession laws.

Criminal Law Advisory and Defence

Criminal law services may include advice on complaints, investigations, arrest, bail, remand, trial, evidence, appeals and offences involving dishonesty, family-related allegations or financial transactions. For matters governed by the new criminal-law framework from 1 July 2024, the principal statutes are the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA). Savings and transitional provisions may affect earlier proceedings.

Criminal complaints, investigation and trials

Services may include preparing complaints, advising during police investigations, reviewing the police report, seeking discharge where legally available, contesting charges, examining witnesses and conducting appeals. A trial does not invariably begin in the same manner in every class of case: the procedural stages depend on whether it is a summons, warrant or sessions case and on the governing special law.

Regular, anticipatory and statutory bail

Section 478 of the BNSS deals with bail in bailable cases; section 480 addresses bail in non-bailable cases; section 482 concerns anticipatory bail; and section 483 concerns special powers of the High Court or Court of Session regarding bail. Bail eligibility and conditions depend on the offence, applicable special legislation and judicial findings.

Cheque dishonour complaints

Section 138 of the Negotiable Instruments Act, 1881 deals with dishonour of cheques for insufficiency of funds or similar specified reasons, subject to statutory requirements. Generally, the payee must issue a written demand notice within 30 days of receiving information of dishonour; the drawer then has 15 days after receipt of notice to make payment. Complaint limitation is governed by section 142, including its proviso on condonation of delay.

Economic offences, cheating and breach of trust

Criminal-law advice can concern allegations of cheating, criminal breach of trust, misappropriation, forgery and related financial offences. Under the BNS, section 316 addresses criminal breach of trust and section 318 addresses cheating; other provisions may apply to forgery and falsification. Investigation may involve state police, economic-offences units or specialised agencies according to jurisdiction.

Dowry-related and matrimonial criminal cases

Advice may include complaints and defence under the Dowry Prohibition Act, 1961 and the BNS. Sections 85 and 86 of the BNS address cruelty by a husband or his relatives and define cruelty for that purpose, replacing the corresponding IPC section 498A framework for cases governed by the new statute. Civil protection under the Domestic Violence Act may also be relevant.

Corporate Law Advisory and Compliance

Corporate legal services include incorporation, restructuring, governance, statutory filings, securities compliance, investment approvals and dispute resolution. The principal company-law framework is the Companies Act, 2013, together with rules, notifications and relevant regulations.

Company incorporation and constitutional documents

Services may include company name selection, drafting the memorandum and articles of association, incorporation of private and public companies and formation of eligible section 8 not-for-profit companies. Sections 3 and 7 of the Companies Act, 2013 address formation and incorporation; sections 4 and 5 concern the memorandum and articles. Incorporation and related filings are administered through the Ministry of Corporate Affairs (MCA) portal.

Corporate governance, meetings and ROC filings

Advisory work may cover board and shareholder meeting agendas, notices, minutes, resolutions, directors' reports, annual returns, financial statements, registers, share allotments and transfers. Relevant provisions include section 92 (annual return), section 96 (annual general meeting), section 117 (filing specified resolutions), section 118 (minutes), section 129 (financial statements) and section 137 (filing financial statements). Requirements vary with company classification and exemptions.

Conversion, restructuring and company disputes

Services may include conversion between private and public company status, changes to registered office, changes to capital, compounding applications, rectification of registers, oppression and mismanagement disputes, mergers, arrangements and winding-up matters. Sections 241 and 242 govern applications and relief concerning oppression and mismanagement. The National Company Law Tribunal (NCLT) handles matters within its statutory jurisdiction; older references to the Company Law Board are generally obsolete.

SEBI, RBI, NBFC and foreign investment matters

Regulated corporate matters may involve the Securities Contracts (Regulation) Act, 1956, SEBI Act, 1992, applicable SEBI listing and securities regulations, the Reserve Bank of India Act, 1934, Banking Regulation Act, 1949, and the Foreign Exchange Management Act, 1999 (FEMA). Advice may address listed-company disclosure, investor communications, scrutinizer appointments, postal ballots, NBFC regulation, foreign investment, foreign collaboration and share issues to non-residents. Approval or reporting obligations must be checked for each transaction.

Dividends, shareholder matters and closure

Services may cover shareholder communications, transfer and transmission of securities, dividend declarations under section 123 of the Companies Act, 2013, and closure or liquidation under the applicable Companies Act and Insolvency and Bankruptcy Code, 2016 framework. Routine dividend payments do not universally require RBI approval; cross-border remittances are subject to applicable FEMA rules.

Legal Documentation and Engaging a Professional

Common documentation includes pleadings, affidavits, notices, contracts, legal opinions, wills, settlement deeds, board resolutions, statutory forms and regulatory applications. For an effective consultation, assemble the relevant agreements, correspondence, notices, identity and authority documents, payment records, court papers and a chronology of events.

Before engaging a legal professional, confirm the practitioner's credentials, scope of work, applicable fees, confidentiality arrangements and whether court appearances or specialised filings are included. Outcomes cannot be guaranteed, and limitation periods or urgent interim relief may require prompt action.

Official Legal Resources

Important: This page provides general information about legal advisory service areas and statutory provisions. The applicability of any provision depends on the facts, commencement dates, amendments, judicial decisions and procedural rules. Consult a qualified advocate or other authorised professional for advice on a specific matter.

Article reviewed: 8 October 2026. Back to top