Emerging Areas of Practice

Emerging and specialized practice areas are domains of law that have gained distinct significance in recent years through new statutory frameworks, the creation of specialized regulatory authorities, or significant judicial interpretation. These areas — such as data protection, competition law, ESG compliance, fintech regulation and white-collar crime investigations — now form a substantive part of legal practice, particularly for individuals and organisations operating in India.

The Digital Personal Data Protection Act, 2023 (DPDP Act) is India's principal legislation governing the processing of digital personal data. It establishes obligations for Data Fiduciaries — entities that determine the purpose and means of processing personal data — and confers rights on Data Principals, the individuals to whom the data relates. The Act provides for consent-based processing, purpose limitation, data minimisation, and the establishment of the Data Protection Board of India as the adjudicating authority. The DPDP Rules, 2025, notified on 13 November 2025, operationalise the framework and prescribe a phased implementation timeline over approximately eighteen months, with different provisions commencing at different stages. The Act adopts a civil penalty regime rather than criminal penalties, with maximum penalties reaching up to INR 250 crore for security failures. The commencement status of specific provisions should be verified against the relevant notifications before applying them to any particular matter.

The Data Protection Board of India is the adjudicating authority established under the DPDP Act. The Board is empowered to inquire into non-compliance with the provisions of the Act, either on receipt of a complaint or on a reference from the Central Government, and to impose civil monetary penalties in accordance with the schedule of penalties prescribed under the Act. In determining penalties, the Board takes into account factors including the nature and gravity of the breach, mitigation efforts undertaken by the Data Fiduciary, and any prior history of non-compliance. Appeals against orders of the Board lie before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). The operative powers of the Board are subject to the phased commencement of the Act and the Rules; their current status should be verified against the applicable notifications.

Under the Competition Act, 2002, abuse of dominance under Section 4 prohibits conduct by a dominant enterprise or group that amounts to an abuse of its dominant position — such as imposing unfair conditions or prices (including predatory pricing), limiting or restricting production, or denying market access. Dominance itself is not prohibited; only its abuse attracts scrutiny. Anti-competitive agreements under Section 3, by contrast, address agreements that cause or are likely to cause an appreciable adverse effect on competition, including horizontal agreements such as price-fixing or bid-rigging, and vertical agreements imposing territorial or customer restrictions. Both are addressed through proceedings before the Competition Commission of India (CCI), but the essential ingredients and applicable provisions differ.

Under Section 5 of the Competition Act, 2002, a combination — comprising an acquisition, merger or amalgamation — requires prior notification to and approval of the Competition Commission of India (CCI) if the prescribed jurisdictional thresholds of assets, turnover, or deal value are exceeded. The Competition (Amendment) Act, 2023, effective from 10 September 2024, introduced the deal value threshold, which applies where the value of the transaction exceeds INR 2,000 crore and the target enterprise has substantial business operations in India. The earlier requirement to notify the CCI within 30 days of the approval or execution of the relevant agreement has been dispensed with; however, the substantive obligation to notify a notifiable combination and obtain approval prior to consummation remains, subject to applicable exemptions. The CCI must form a prima facie view within 30 calendar days, and the overall review timeline has been shortened. The exact applicability of thresholds and exemptions depends on the facts of the transaction and the applicable regulations.

Insider trading, under the SEBI (Prohibition of Insider Trading) Regulations, 2015, refers to trading in securities while in possession of unpublished price sensitive information (UPSI). No insider shall trade in securities that are listed or proposed to be listed on a stock exchange when in possession of UPSI. The regulations also prohibit procuring from or communicating UPSI to any insider, subject to specified exceptions including legitimate purposes. Subsequent amendments to the PIT Regulations have expanded the scope of UPSI and introduced materiality thresholds aligned with the SEBI (LODR) Regulations, 2015. Compliance with the PIT Regulations operates in addition to obligations under the LODR Regulations and the SAST Regulations, 2011. The exact amendment, operative date, and current text of any specific provision should be verified against the SEBI notifications and circulars.

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) enables secured creditors — banks and financial institutions — to enforce their security interests without the intervention of a court, subject to the procedure prescribed under the Act. The SARFAESI framework provides a statutory mechanism for secured lenders to enforce security interests without necessarily initiating civil proceedings; its applicability and outcomes depend on the facts of the matter and the conditions prescribed under the Act. A borrower or guarantor aggrieved by enforcement measures taken under Section 13(4) may file an application before the Debt Recovery Tribunal (DRT) under Section 17 of the Act, within the prescribed limitation period of forty-five days. The DRT also hears appeals under SARFAESI where borrowers challenge enforcement measures.

Debt Recovery Tribunals (DRTs) were established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) to enable banks and financial institutions to recover dues speedily, without being subject to the lengthy procedures of ordinary civil courts. DRTs hear applications for recovery of debts due to banks and financial institutions exceeding the prescribed threshold, as well as applications under Section 17 of the SARFAESI Act where borrowers challenge enforcement measures. Appeals against orders of the DRT lie before the Debt Recovery Appellate Tribunal (DRAT). The statutory threshold, appellate routes, and time limits prescribed under the RDDBFI Act should be verified against the applicable provisions for any particular matter.

The Business Responsibility and Sustainability Reporting (BRSR) framework was introduced by SEBI as the annual ESG disclosure framework for the top 1,000 listed companies by market capitalisation, mandatorily applicable from FY 2022-23. BRSR disclosures are segregated into essential (mandatory) and leadership (voluntary) indicators. SEBI subsequently introduced BRSR Core, which specifies Key Performance Indicators applicable to the top 1,000 listed companies, and prescribed a glide path for assurance of BRSR Core. The applicability of value-chain disclosures has been eased, with deferral of mandatory assessment and assurance for value-chain partners, and listed entities have the option between third-party assessment or assurance. The exact applicability, scope, and timelines for any specific listed entity should be verified against the applicable SEBI circulars and the LODR Regulations as amended from time to time.

The Reserve Bank of India (RBI) issued its Guidelines on Digital Lending in September 2022, with FAQs subsequently released in February 2023. The guidelines apply to regulated entities (REs) — banks and non-banking financial companies — and cover matters such as upfront disclosure of the all-inclusive cost of digital loans (shown as an annual percentage rate within a Key Fact Statement), consent requirements, data handling obligations, allocation of responsibility between the RE and any lending service provider, and storage of relevant data on servers located in India. The framework also addresses customer protection, recovery practices, and grievance redressal. Any specific requirement under the guidelines should be verified against the current text of the guidelines, the FAQs, and any subsequent RBI directions applicable to the particular matter.

The Insurance Ombudsman scheme was established by the Government of India to provide individual policyholders with a mechanism for resolving complaints outside the court system, in a cost-effective manner. The framework for functioning of the Insurance Ombudsman is outlined in the Insurance Ombudsman Rules, 2017. The Ombudsman addresses matters including delay in settlement of claims beyond the time specified in regulations framed under the Insurance Regulatory and Development Authority of India Act, 1999, and disputes between insurers and policyholders. Under the Insurance Ombudsman Rules, 2017, the insurer is required to comply with the Ombudsman's award within 30 days of its receipt and intimation of compliance must be provided to the Ombudsman. The applicable claim-settlement timeline depends on the type of claim and the relevant IRDAI regulations, and should be verified against the current framework for any specific matter.

The legal framework governing succession and property in India is primarily set out in several key laws, including the Indian Succession Act, 1925, which governs intestate and testamentary succession for certain communities and provides the framework for wills and probate. For Hindus, the Hindu Succession Act, 1956, and for Muslims, the applicable personal law, govern succession. A valid will must be made by an adult of sound mind, free from fraud, coercion or undue influence. Under the Repealing and Amending Act, 2025, Section 213 of the Indian Succession Act, 1925 — which previously required probate in certain cases for establishing the right of an executor or legatee — has been omitted. The requirements for probate, letters of administration, and succession documentation now depend on the relevant law and the circumstances of the matter, and the applicable personal law continues to govern substantive succession rights.

The Serious Fraud Investigation Office (SFIO) is a specialised investigation agency constituted under the Companies Act, 2013, responsible for investigating serious corporate fraud matters referred to it by the Central Government. Under Section 212 of the Companies Act, 2013, the Central Government may assign the investigation into the affairs of a company to the SFIO in specified circumstances — including on receipt of a report of the Registrar or Inspector under Section 208, on intimation of a special resolution passed by a company, on a request from any department of the Central Government or a State Government, or in the public interest. The SFIO prepares investigation reports in accordance with the applicable provisions of the Companies Act and, on the basis of its investigation, further proceedings may be initiated in accordance with the applicable statutory framework. Where the investigation reveals proceeds of crime connected with a scheduled offence under the Prevention of Money-Laundering Act, 2002 (PMLA), the matter may also lead to proceedings by the Enforcement Directorate. The statutory referral framework and the powers of the SFIO are provided under the Companies Act, 2013 and the rules made thereunder.

The Mediation Act, 2023 establishes a statutory framework for mediation in India, providing for the conduct of mediation proceedings, the enforceability of mediated settlement agreements, and the registration of mediated agreements. The Act also addresses the framework for mediation institutions and the Mediation Council of India. Several provisions of the Act were brought into force on 9 October 2023 by notification; however, other provisions remain subject to commencement notifications, and the commencement and applicability of individual provisions should be verified against the relevant notifications. Under Section 89 of the Code of Civil Procedure, 1908, courts may refer disputes to alternative dispute resolution mechanisms including mediation, conciliation, arbitration, or Lok Adalat. Mediation has increasingly emerged as a mechanism for parties seeking to preserve long-term commercial relationships, complementing arbitration which remains a key alternative dispute resolution mechanism.

Legal representation is not always mandatory in matters before regulatory authorities and tribunals. Whether representation is required depends on the nature of the matter, the forum involved, the applicable law and procedural rules, and the relief sought. Certain proceedings before courts, tribunals and regulatory authorities may require appearance or representation in accordance with the applicable law and procedural requirements. Parties may appear personally or through authorised representatives where permitted. The availability of representation and the applicable procedural requirements should be considered in light of the specific facts and the applicable statutory framework. The information provided is a general overview and should not be treated as legal advice for any particular matter.