24 March 2025 –29 March 2025

Manupatra
Weekly Wrap
A round-up of the last week's key updates
to keep you informed on the go!
Case
Laws
 CIVIL

Supreme Court: Senior Citizens Act doesn't mandate eviction in all cases
Samtola Devi Vs. State Of Uttar Pradesh & Ors., Dated: 27.03.2025,
(MANU/SC/0403/2025; 2025 INSC 404)

The Supreme Court has observed that “The provisions of the Senior Citizens Act, nowhere
specifically provides for drawing proceedings for eviction of persons from any premises
owned or belonging to such a senior person”.

Supreme Court explains when relief can be moulded in a suit

J. Ganapatha and Others Vs. M/S. N. Selvarajalou Chetty Trust, Dated: 25.03.2025,
(MANU/SC/0387/2025; 2025 INSC 395)

The Supreme Court has observed that “The concept of moulding of relief refers to the
ability of a court to modify or shape a relief sought by a party in a legal proceeding based
on the circumstances of the case and the facts established after a full-fledged trial”.

Supreme Court: If government fails to acknowledge Section 80 CPC notice or

communicate its position, it may lead to adverse inference
Yerikala Sunkalamma & Anr. Vs. State Of Andhra Pradesh, Dated: 24.03.2025,
(MANU/SC/0381/2025; 2025 INSC 383)

The Supreme Court has observed that “The purpose of law is the advancement of justice.
The least that was required in the present case was for the State Authorities to
acknowledge the notice issued by the appellants herein and inform them as regards their
stance. We make it abundantly clear that the Public Authorities must take statutory notice
issued to them in all seriousness”.

Supreme Court: Donor cannot unilaterally cancel gift document

N.P. Saseendran Vs. N.P. Ponnamma & Ors., Dated: 24.03.2025, (MANU/SC/0379/2025;
2025 INSC 388)

The Supreme Court has observed that when a property transfer is made out of love and
affection, with the donor retaining a life interest, it is considered a settlement deed in the
form of a gift. The Court also clarified that once the done accepts the gift via the settlement
deed, the donor cannot revoke it unilaterally.

Delhi High Court upheld rule that prevents retired judges from other states
from applying for Senior Advocate designation
Sh Vijai Pratap Singh Vs. Delhi High Court, Through Registrar General & Anr., Dated:
27.03.2025, (MANU/DE/2016/2025; 2025:DHC:2017-DB)

The Delhi High Court has observed that “Keeping in view the sensitivity and sensibilities
involved, the seriousness and the importance of evaluation of an Advocate or a retired
Judicial Officer seeking designation as a Senior Advocate cannot be undermined. Thus,
expecting the Judges of this Court to confer designation as a Senior Advocate upon retired
judicial officers of HJS of states other than Delhi is not possible”.

Delhi High Court: Hyperlinking of defamatory article may, in certain cases, be

considered as republication and could lead to liability

Ms. Ruchi Kalra & Ors. Vs. Slowform Media Pvt. Ltd. & Ors., Dated: 24.03.2025,
(MANU/DE/2060/2025; 2025:DHC:2024)

The Delhi High Court has observed that “If the hyperlinking of a publication is done in a
manner in which it refers to the content that conveys defamatory meaning, not because a
reference was created, but because, if understood in context, it actually expressed
something defamatory, then it would amount to republication”

Madras High Court single-judge slams Division Bench for ignoring prior case
laws
N.S.Krishnamoorthi & Ors. Vs. The District Collector & Ors, Dated: 26.03.2025,
(MANU/TN/1173/2025; 2025:MHC:790)

The Madras High Court has observed that “it is not open to a Division Bench to disregard let
alone circumvent the law declared by the earlier Division Benches on a question of law”.

CRIMINAL

Supreme Court directs magistrate to verify truth of complaints before issuing

summons to accused
Rekha Sharad Ushir Vs. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd., Dated:
26.03.2025, (MANU/SC/0396/2025; 2025 INSC 399)

The Supreme Court has observed that “While filing a complaint under Section 200 of CrPC
and recording his statement on oath in support of the complaint, as the complainant
suppresses material facts and documents, he cannot be allowed to set criminal law in
motion based on the complaint. Setting criminal law in motion by suppressing material facts
and documents is nothing but an abuse of the process of law”.

Supreme Court criticised High Court for quashing case, stating sanction's
validity should be decided at trial
State Rep. By The Deputy Superintendent of Police, Vigilance and Anti-Corruption Chennai
City-I Department Vs. G. EASWARAN, Dated: 26.03.2025, (MANU/SC/0393/2025; 2025
INSC 397)

The Supreme Court overturned the Madras High Court's decision to quash a
disproportionate assets case against a bureaucrat at the pre-trial stage, citing "bleak
conviction prospects" and an "invalid sanction" for prosecution. The court stated, “Validity
of the sanction is an issue that must be examined during the course of the trial”.
Supreme Court: Delay in recording witness statements under Section 161/164
CrPC is not fatal, provided there is satisfactory explanation for delay
Firoz Khan Akbarkhan Vs. The State Of Maharashtra, Dated: 24.03.2025,
(MANU/SC/0382/2025; 2025 INSC 387)

The Supreme Court has observed that “Insofar as the delay of 2/3 days in recording the
statements of the eye-witnesses under Section 1615 of the Code of Criminal Procedure,
1973 (hereinafter referred to as the ‘Code’) is concerned, the said delay has been
thoroughly explained by the witnesses, including the Investigating Officer, to the effect that
there were riots in the area. On this score, the Investigating Officer was involved in
maintaining law and order in the affected area. In the attendant facts and circumstances,
the course of action adopted by the police cannot be termed unjustified and no adverse
inference can be drawn on this count”.

Supreme Court quashed rape case, noting the woman willingly visited
accused's hotel room three times
Jothiragawan Vs. State, Dated: 24.03.2025, (MANU/SC/0377/2025; 2025 INSC 386)

The Supreme Court has observed that “The allegation of forceful intercourse on threat and
coercion is also not believable, given the relationship admitted between the parties and the
willing and repeated excursions to hotel rooms”.

Supreme Court established National Task Force to address mental health

challenges in colleges
Amit Kumar & Ors. Vs. Union Of India & Ors., Dated: 24.03.2025, (MANU/SC/0380/2025;
2025 INSC 384)

The Supreme Court has observed that “The recurring instances of student suicides in Higher
Educational Institutions, including private educational institutions, serve as a grim reminder
of the inadequacy and ineffectiveness of the existing legal and institutional framework in
addressing mental health concerns of students on campuses and to prevent the students
from taking the extreme step of committing suicides”.

Kerala High Court: Expert's report under Section 293 CrPC is not formal
replacement for certificate under Section 65B of Evidence Act
Umer Ali Vs. State of Kerala, Dated: 24.03.2025, (MANU/KE/0909/2025;2025:
KER:24851)

The Kerala High Court has observed that “an expert's report cannot be considered as a
formal substitute for Section 65B(4) certificate in the eyes of law since, they serve two
different purposes. A Section 65B certificate is a specific statutory requirement to make a
secondary electronic record admissible as evidence, while Section 293 Cr.P.C. report is
evidentiary material in its own right, typically presenting the results of forensic analysis”.
 CONSTITUTION

Supreme Court: Article 311 doesn’t imply that only appointing authority can
initiate disciplinary action against government servant
The State Of Jharkhand & Ors. Vs. Rukma Kesh Mishra, Dated: 28.03.2025,
(MANU/SC/0411/2025; 2025 INSC 412)

The Supreme Court has observed that the appointing authority is not obligated to start
disciplinary proceedings against a state employee. Citing Article 311(1) of the Constitution,
the Court clarified that although the appointing authority's approval is needed for dismissal,
it is not required to initiate disciplinary action.

Supreme Court: 75-year-old Republic should not be so fragile that poetry or

comedy can be alleged for fostering animosity
Imran Pratapgadhi Vs. State Of Gujarat and Anr., Dated: 28.03.2025,
(MANU/SC/0408/2025; 2025 INSC 410)

The Supreme Court has observed that “75 years into our republic, we cannot be seen to be
so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art
or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred
amongst different communities”.

INSOLVENCY
Supreme Court accepted tax authorities' apology for demanding payment of
dues not covered by approved plan

M/S Jsw Steel Limited Vs. Pratishtha Thakur Haritwal & Ors., Dated: 27.03.2025,
(MANU/SC/0398/2025; 2025 INSC 401)

The Supreme Court has observed that “we have no hesitation in holding that the demands
raised by the respondents/authorities for a period prior to the date on which the learned
NCLT has approved the Resolution Plan were totally contemptuous in nature. The
respondents could not have raised the said demands inasmuch as they are not part of the
Resolution Plan”.

NCLAT: While Google misused its dominant market position, it did not block
access to market for other competitors
Alphabet Inc. & Ors. Vs. Competition Commission of India & Anr., Dated: 28.03.2025,
(MANU/NL/0250/2025)

The National Company Law Appellate Tribunal (NCLAT) has observed that “no violation of
Section 4(2)(c) was proved and the Commission’s finding that Appellant being dominant in
app store market has caused denial of market access to the payment processors and
aggregators is unsustainable”.
NCLAT: Delivering demand notice to last known address to be deemed as
valid service
Paresh Rastogi & Ors. Vs. M/Omkara Assets Reconstruction Pvt. Ltd. & Ors., Dated:
18.03.2025, (MANU/NL/0224/2025)

The National Company Law Appellate Tribunal (NCLAT) New Delhi bench has held that
delivery of demand notice to the last known address of the personal guarantor as has been
stated in the deed of guarantee shall be considered as valid service for the purposes of
Section 95(4) of the Insolvency and Bankruptcy Code, 2016.

NCLAT: Resolution plan submitted by COC after due date cannot be

questioned
Authum Investment and Infrastructure Limited Vs. . Ashdan Properties Private Limited &
Ors., Dated: 17.03.2025, (MANU/NL/0220/2025)

The National Company Law Appellate Tribunal (NCLAT) has observed that there cannot be
any questioning of the consideration and subsequent rejection of a Resolution Plan (RP) by
the Committee of Creditors (CoC) submitted after the due date.

INTELLECTUAL PROPERTY RIGHTS

Delhi High Court: Tyres manufacturer 'bridgestone' gets damages over

trademark infringement by Indian firm
Bridgestone Corporation Vs. M/S. Merlin Rubber, Dated: 25.03.2025,
(MANU/DE/1900/2025)

The Delhi High Court has awarded Rs. 34.41 lakh compensation to automobile tyres
manufacturer Bridgestone Corporation for its trademark infringement by Indian firm for
manufacturing tyres and tubes for automobiles under 'Brimestone' mark.

GOODS AND SERVICE TAX

Karnataka High Court: Purchaser of residential property must pay GST if

property is booked before construction is finished

Sri. B G Parameshwara Vs. Bengaluru Development Authority & Ors., Dated: 25.03.2025,
(MANU/KA/1124/2025)

The Karnataka High Court has observed that if a residential property is booked before
construction is completed, and the payment (either partial or full) is made before the
issuance of the completion certificate, it qualifies as a supply of services, making the
purchaser liable to pay the service tax.
 MOTOR VEHICLE

Supreme Court: Simply having learner's license does not automatically prove
contributory negligence
Srikrishna Kanta Singh Vs. The Oriental Insurance Company Ltd. & Ors., Dated:
25.03.2025, (MANU/SC/0385/2025; 2025 INSC 394)

The Supreme Court has observed that “Having found the trailer to be driven rashly and
negligently, we do not think that the mere fact that the driver of the scooter had only a
learners licence would necessarily lead to a conclusion of contributory negligence on the
part of the scooter driver”.

Andhra Pradesh High Court: Daughter can claim compensation for her father's
death in motor accident, regardless of her marital status
The United India Insurance Co Ltd. & Ors. Vs. Karu Nukalamma and Ors., Dated:
25.03.2025, (MANU/AP/0439/2025)

The Andhra Pradesh High Court has observed that “Eligibility to claim is one thing and as to
how much is to be granted towards loss of dependency is another aspect. Every heir may
not be dependent. Non-heirs may also be dependent. Simply because a daughter is married
does not completely cease to be dependent. To what extent she is dependent on her father
is a matter of fact and it is that fact which is required to be pleaded and proved and
considered in such claims”.

LAND ACQUISITION

Supreme Court: Larger areas do not receive same price as smaller plots, and
some deduction is permissible due to their size

Manilal Shamalbhai Patel (Deceased) Through His Legal Heirs & Ors. Vs. Officer On Special
Duty (Land Acquisition) & Anr., Dated: 25.03.2025, (MANU/SC/0388/2025; 2025 INSC
393)

The Supreme Court has observed that “It is also a settled principle of law that large areas do
not attract the same price as is offered for the small plots of lands. Therefore, some amount
of deduction is also normally permissible on account of largeness in area. Thus, deduction
of at least 10% has to be applied to determine the rate of compensation”.

FAMILY

Madhya Pradesh High Court: Hindu Marriage Act applies to Jain community for
divorce
X Vs. Y, Dated: 24.03.2025, (MANU/MP/0757/2025; 2025:MPHC-IND:7735)

The Madhya Pradesh High Court, while overturning a Family Court order, clarified that
despite the Jain community being recognized as a minority under a central government
notification, it would be governed by the provisions of the Hindu Marriage Act, given the
similarity in marriage rituals.
 SERVICE

Supreme Court: Government employee transferred upon request cannot claim

their existing seniority in new position

The Secretary to Government Department of Health & Family Welfare & Anr. Vs. K.C.
Devaki, Dated: 25.03.2025, (MANU/SC/0391/2025; 2025 INSC 389)

The Supreme Court has observed that “If a government employee holding a particular post
is transferred on public interest, he carries with him his existing status including seniority to
the transferred post. However, if an officer is transferred at his own request, such a
transferred employee will have to be accommodated in the transferred post, subject to the
claims and status of the other employees at the transferred place, as their interests cannot
be varied without there being any public interest in the transfer”.
Notification
Updates
 Ministry of Commerce & Industry

Press Information Bureau, Dated: 25.03.2025, MANU/PIBU/0282/2025

The government has implemented various measures to enhance export capabilities and
trade competitiveness, including a new Foreign Trade Policy, establishment of Export
Facilitation Centres, and several schemes like RoDTEP and RoSCTL. Initiatives also include
digital platforms for trade facilitation, district-level export hubs, and active international
trade promotion through Indian missions abroad.

Press Information Bureau, Dated: 25.03.2025, MANU/PIBU/0283/2025

The Boilers Bill, 2024, introduced in Lok Sabha, aims to replace the century-old Boilers Act,
1923, by decriminalizing certain offences and removing obsolete provisions to enhance the
Ease of Doing Business. It prioritizes worker safety and modernizes the legal framework to
meet current industry needs.

Ministry of Communications

Notification No.: SO1339(E), Dated: 24.03.2025, MANU/MCOM/0015/2025

The Central Government has designated the 'Telecom e-Services Portal' and the CBuD
Mobile App as the official portal for the Telecommunications (Right of Way) Rules 2024.

Ministry of Consumer Affairs, Food & Public Distribution

Press Information Bureau, Dated: 25.03.2025, MANU/PIBU/0288/2025

The Consumer Protection Act, 2019, aims to safeguard consumer rights through various
provisions, including the establishment of the Central Consumer Protection Authority
(CCPA) and the National Consumer Helpline. The Act addresses issues like misleading
advertisements, unfair trade practices, and consumer grievances, with recent actions
including penalties on coaching institutes and securing refunds for students. The
Department of Consumer Affairs also focuses on modernizing consumer protection in the
context of globalization and e-commerce.

Ministry of Chemicals and Fertilizers

Press Information Bureau, Dated: 25.03.2025, MANU/PIBU/0290/2025

The Scheme for Promotion of Research and Innovation in the Pharma Medtech sector aims
to enhance R&D, particularly in AI and machine learning, with training provided by NIPER.
The Department of Pharmaceuticals and Biotechnology supports AI-based research in
healthcare and agriculture, and a pilot project is underway for a blockchain-based track-
and-trace system.
 Ministry of Environment, Forest and Climate Change

Press Information Bureau, Dated: 24.03.2025, MANU/PIBU/0277/2025

The CAQM Sub-Committee has activated Stage-I of the Graded Response Action Plan
(GRAP) in the NCR due to Delhi's air quality reaching the 'Poor' category with an AQI of
206. A 27-point action plan has been implemented to address pollution, involving measures
like dust control, waste management, and vehicle emissions regulation. Citizens are urged
to cooperate by following guidelines such as maintaining vehicles and reporting pollution
activities.

Insurance Regulatory and Development Authority

Circular No.: IRDAI/GA&HR/CIR/MISC/49/03/2025, Dated: 24.03.2025,

MANU/IRDA/0014/2025
The circular emphasizes the importance of cyber incident preparedness for organizations,
highlighting the need to adhere to IRDAI guidelines for reporting and managing cyber
incidents. It outlines specific policies for monitoring, logging, and maintaining cyber
resilience, and stresses the importance of having pre-empaneled forensic auditors to
ensure swift response to cyber incidents.

Ministry of Finance

Circular No. : 08/2025-Customs, Dated: 24.03.2025, MANU/CUCR/0008/2025

The document clarifies the scope of camera modules used in manufacturing cellular mobile
phones, emphasizing that the camera module is a combination of various parts and should
be classified based on its essential character. It specifies that when imported as a complete
assembly, camera modules attract a concessional basic customs duty rate, while individual
components do not.

Notification No. : 05/11/2024-DP-DFS, Dated: 21.03.2025, MANU/FNSV/0003/2025

The government has introduced an incentive scheme to promote low-value BHIM-UPI
transactions (Person to Merchant) for the financial year 2024-25, with an estimated outlay
of INR. 1,500 Crore. The scheme aims to benefit small merchants and common citizens by
providing incentives for transactions up to INR. 2,000, enhancing digital payment adoption.
The scheme will be implemented from April 1, 2024, to March 31, 2025, with specific
conditions for disbursement of claims to banks.

Reserve Bank of India

Notification No. : DoR.AUT.REC.71/23.67.001/2024-2025, RBI/2024-2025/132,

Dated: 25.03.2025, MANU/RMIC/0033/2025
The Government of India has decided to discontinue the Medium Term and Long Term
Government Deposit components of the Gold Monetization Scheme (GMS) effective March
26, 2025. Designated banks may offer Short Term Bank Deposits under GMS, while
existing MLTGD will continue until redemption. The Reserve Bank of India has amended the
Master Direction on GMS to reflect these changes.
Circular No.: DCM (CC) No. S3811/03.51.001/2024-2025, RBI/2024-2025/129,
Dated: 24.03.2025, MANU/RDCM/0001/2025
The Reserve Bank of India has instructed all banks with Currency Chests to remain open on
March 31, 2025, despite it being a public holiday, to ensure government transactions are
accounted for in the fiscal year 2024-25.

Ministry of Ports, Shipping and Waterways

Press Information Bureau, Dated: 25.03.2025, MANU/PIBU/0285/2025

India and Singapore signed a Letter of Intent to collaborate on green shipping and digital
corridor initiatives, aiming to modernize maritime operations and promote sustainability.
The partnership will leverage India's IT and green fuel capabilities and Singapore's maritime
expertise to enhance low-emission technologies and digital integration. Additionally, India
seeks Dutch expertise to improve its inland waterways, particularly in the Brahmaputra and
Barak rivers.

Ministry of Textiles

Press Information Bureau, Dated: 27.03.2025, MANU/PIBU/0296/2025

The government has extended the deadline for submitting data for the review of the Rebate
of States and Central Taxes and Levies (RoSCTL) rate on garment and made-up exports to
April 15, 2025. This extension allows exporters and industry members more time to submit
necessary data for the review process.

Ministry of Women and Child Development

Press Information Bureau, Dated:26.03.2025, MANU/PIBU/0291/2025

The Centre has directed states and transport ministries to establish feeding and changing
rooms for women and children in public places. The Ministry of Women and Child
Development is also promoting gender-friendly spaces and has approved numerous
Anganwadi cum Creches to provide free childcare services across various states and UTs

Securities and Exchange Board of India

Circular No. : SEBI/HO/IMD/IMD-PoD-1/P/CIR/2025/36, Dated: 21.03.2025,

MANU/SMFD/0006/2025
The Securities and Exchange Board of India has amended regulations to facilitate ease of
doing business for Mutual Funds by aligning the interests of Asset Management Company
(AMC) employees with unitholders. The amendments include mandatory investment of a
percentage of employees' compensation in mutual fund units, with specific provisions for
different employee categories and investment schemes. These changes aim to protect
investor interests and promote market development.
Circular No. : SEBI/HO/CFD/CFD-PoD-2/P/CIR/2025/37, Dated: 21.03.2025,
MANU/SMIS/0021/2025

The Securities and Exchange Board of India has issued a circular requiring listed entities to
adhere to industry standards for providing information for audit committee and shareholder
review of related party transactions, with the effective date extended to July 1, 2025. The
Industry Standards Forum will consider feedback for simplification and release updated
standards accordingly.
News
 Civil
28.03.2025

The Central government announced the transfer of Delhi High Court Justice Yashwant
Varma back to his home court, the Allahabad High Court.

26.03.2025

The Supreme Court issued several directives to state governments to ensure the effective
enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
(DMR Act), which bans the publication of deceptive advertisements related to medical
treatments.

The Delhi High Court declined to entertain a public interest litigation against singer Honey
Singh's latest song "Maniac," which was accused of depicting women as "sexual objects"
and using offensive language.

The Delhi High Court issued a notice to the Food Safety and Standards Authority of India
(FSSAI) regarding a petition filed by Dabur, challenging the authority's notification that
bans food business operators (FBOs) from using the "100% Fruit Juice" claim on labels
and advertisements of reconstituted fruit juices.

The Maharashtra Government informed the Bombay High Court that it has established
rules under the Maharashtra Police Act to govern public gatherings, morchas, and
agitations.

The Jammu and Kashmir and Ladakh High Court has released a notification implementing
the Standard Operating Procedures (SOPs) set by the Supreme Court of India concerning
the personal appearance of government officials in court proceedings.

25.03.2025

The Bombay High Court recently directed Maharashtra's Transport Commissioner to

determine whether the 'open licensing policy' for autorickshaws and taxis, which has
been challenged by an autorickshaw union, should be halted to restrict the number of
autos and taxis in the state.

24.03.2025

The Supreme Court has directed all the district bar associations in the entire state of
Karnataka to earmark the post of Treasurer and reserve 30% post of
Councilors/members of Executive Committee exclusively for women candidates.
 Criminal

28.03.2025

The CBI informed the Calcutta High Court that the RG Kar incident was not a gang rape
and that they are investigating a possible cover-up. Meanwhile, the state has raised
concerns about the reopening of a concluded investigation.

26.03.2025

The Supreme Court put a hold on the controversial ruling by the Allahabad High Court,
which had stated that groping a minor girl's breasts, breaking the string of her pyjama,
and attempting to drag her under a culvert would not qualify as an attempt to rape. The
High Court had instead noted that these actions would, at first glance, fall under the
offence of 'aggravated sexual assault' under the POCSO Act, which carries a lighter
punishment.

25.03.2025

A court in Bandra, Mumbai, has granted bail to 12 men, reportedly members of Shiv Sena,
who were arrested for vandalizing a comedy club where Kunal Kamra performed on March
23rd.

The Kerala High Court has raised concerns about the lack of legal provisions to effectively
tackle cyberbullying and online harassment, noting that the current legal framework is
insufficient in addressing abusive remarks or derogatory content directed at others.

Competition
25.03.2025

In response to a question in the Lok Sabha, the Union Ministry of Corporate Affairs
revealed that the Competition Commission of India (CCI) has examined 35 cartelization
cases in the last five years.

Constitution
26.03.2025

The Supreme Court has issued notice on the issue of whether the grounds for amendment
to the Maharashtra Cooperative Societies Act, 1960 with regard to reducing the number
of Directors in a Co-operative Society from 36 to 21 is legally sustainable.
 Consumer
28.03.2025

The Delhi High Court confirmed the 2022 guidelines issued by the Central Consumer
Protection Authority (CCPA), which state that hotels and restaurants should not
automatically or by default include a service charge on food bills.

Direct Taxation
26.03.2025

The Ministry of Finance has informed that Income Tax officials cannot access the
personal emails and bank accounts of all the assesses. However, there are provisions
allowing access of the computer systems of the assesses that are not cooperating.

Property
28.03.2025

In a notable step to simplify property transfers within families, the Jammu and Kashmir
government has issued a notification waiving stamp duty on property transfers made
through gift deeds among blood relatives.

Environment
26.03.2025

The Supreme Court while hearing a case on the issue of enhancing the green cover of
Delhi, has observed that endeavour should be to achieve a target of 33% or even more
than that of tree/forest cover.

Family
26.03.2025

The Supreme Court while hearing a plea relating to ease the procedure for inter-country
adoption, has directed the Central Adoption Resource Authority (CARA) to issue a No
Objection Certificate in four weeks to steadfast the adoption process.

The Telangana High Court ruled that cohabitation based on deception, without a verified
customary divorce from the first wife, constitutes rape.

24.03.2025

The Kerala High Court has recently affirmed a divorce granted to a woman who stated
that her husband neglected sexual relations and family responsibilities, instead devoting
himself obsessively to spiritual pursuits like frequent temple visits.
 Goods and Service Tax
24.03.2025

The Supreme Court has appointed an Amicus Curiae and issued a notice to the CBIC to
consider if GST Act timelines can be relaxed for bona fide errors.

Intellectual Property Rights

26.03.2025

The Delhi High Court will hear Tesla's trademark plea against an Indian firm following the
failure of mediation.

Osho Friends International, an organization of followers of philosopher Osho, approached

the Delhi High Court seeking to prevent the registration of trademarks using the name
'Osho.'

25.03.2025

The Delhi High Court recently provided relief to fintech company "BharatPe," restraining
the use of the "Bharatpay" mark and its domain name associated with utility bill
payments, data recharge services, insurance, and financial services.

Media & Entertainment

27.03.2025

The Delhi High Court has granted a dynamic injunction in favor of Applause Entertainment
Private Limited, restraining several unauthorized websites from illegally streaming and
making the "Undekhi" series, which premiered on the digital platform 'SonyLIV', available
to the public.
International
Updates
 AUSTRALIA

Capital Market
Federal Court imposes $10.5 million penalty on LGSS Pty Ltd for greenwashing

The Federal Court of Australia has imposed a penalty of ten point five million dollars on
LGSS Proprietary Limited, the trustee of Active Super, for misleading environmental, social,
and governance claims. This marks the third penalty in twelve months for greenwashing,
following previous penalties of eleven point three million dollars and twelve point nine
million dollars against Mercer Superannuation Australia Limited and Vanguard Investments
Australia Limited. The Australian Securities and Investments Commission has reiterated
that greenwashing remains a key enforcement priority, with both the Australian Securities
and Investments Commission and the Australian Competition and Consumer Commission
including it in their regulatory focus for the year. Additionally, the introduction of mandatory
climate-related financial disclosures has increased scrutiny on companies making
environmental claims.

New derivatives trade reporting rules bring significant changes

The Australian Securities and Investments Commission Derivative Transaction Rules

(Reporting) 2024 came into effect on twenty-first October two thousand and twenty-four,
replacing the previous reporting framework. The updated rules introduce changes in
reporting methodology, content, and format to align with international trade reporting
standards. The Australian Securities and Investments Commission acknowledged the
overhaul’s complexity and initially adopted a measured approach to compliance until first
March two thousand and twenty-five. Now that the transitional period has ended, regulatory
enforcement is expected to intensify for entities failing to meet the new requirements.

Financial Accountability Regime expands to insurance and superannuation entities

The Financial Accountability Regime, which previously applied only to authorized deposit-
taking institutions, has been extended as of fifteenth March two thousand and twenty-five
to cover insurance entities, licensed non-operating holding companies, and superannuation
entities. Under the revised framework, these entities and their executives, referred to as
Accountable Persons, must maintain compliance with regulatory requirements and engage
with both the Australian Prudential Regulation Authority and the Australian Securities and
Investments Commission in an open and cooperative manner. The expansion significantly
increases accountability within the financial sector, reinforcing governance and
transparency obligations.

Company and Commercial

Court decisions clarify whistleblower protections under Corporations Act 2001

Two recent Federal Court judgments, Mount v Dover Castle Metals Proprietary Limited
[2025] Federal Court of Australia 101 and Reiche v Neometals Limited (No 2) [2025]
Federal Court of Australia 125, have provided important legal guidance on whistleblower
protections under the Corporations Act 2001. The cases examined the extent to which
whistleblowers are protected from adverse actions following disclosures, reinforcing the
necessity of maintaining robust records and implementing independent decision-making
processes regarding whistleblower complaints. These decisions mark a significant
development in whistleblower jurisprudence, as few cases have previously progressed to
final adjudication.
Compliance Management
Federal Budget proposes ban on non-compete clauses in employment contracts

The Federal Budget for the financial year two thousand and twenty-five to two thousand
and twenty-six includes a proposal to prohibit non-compete clauses in employment
contracts. Non-compete clauses typically restrict employees from working for or
establishing competing businesses for a defined period post-employment. The proposed
amendments to the Fair Work Act 2009 would apply to employees earning below the high-
income threshold, currently set at one hundred seventy-five thousand dollars per annum. If
implemented, the ban could require businesses to explore alternative strategies for
protecting their commercial interests, particularly for employees who derive significant
income from commissions and incentives.

Corporate Finance
Louis Dreyfus prevails in takeover battle for Namoi Cotton

The intense competition between Louis Dreyfus and Olam Agri for control of Namoi Cotton,
Australia’s largest cotton ginning company, highlighted key aspects of contested mergers
and acquisitions. The outcome demonstrated that the highest bid is not always decisive, as
the conditionality of offers and regulatory approvals played a significant role. Additionally,
independent expert opinions, while influential, do not override the board's ultimate
authority in determining the best offer for shareholders. The case underscores the
importance of strategic regulatory timing and the role of shareholder sentiment in
competitive acquisition scenarios.

Foreign investment and regulatory uncertainty in Australia

As geopolitical and economic considerations increasingly intersect, foreign direct

investment frameworks are tightening globally, including in Australia. Despite claims of
being open to foreign investment, regulatory scrutiny has intensified, particularly through
the Foreign Investment Review Board. Companies and investors must strategically assess
risks and anticipate broad regulatory conditions when pursuing foreign acquisitions. The
use of financial mechanisms such as reverse break fees and ticking fees has become more
prevalent to address delays or denials of regulatory approvals. Early engagement with
Australia’s foreign investment policies is now crucial for deal success.

Employee Benefits & Pensions

Australian Treasury proposes second phase of financial advice reforms

The Australian Treasury has released draft legislation for the second phase of financial
advice reforms as part of the government's initiative to enhance consumer access to
financial guidance. A key proposal includes replacing the Statement of Advice with a Client
Advice Record, a more user-friendly and technologically adaptable document. The new
approach aims to simplify compliance requirements, reduce costs for financial advisors, and
ensure that clients receive clear and relevant information to make informed financial
decisions. The proposed changes align with recommendations from the Quality of Advice
Review and seek to modernize financial advisory services in Australia.
Energy & Natural Resources
High Court of Australia rules in favor of compensation for Gumatj Clan

In Commonwealth of Australia v Yunupingu [2025] HCA 6, the High Court of Australia

upheld the Full Federal Court’s decision that various legislative acts and land grants by the
Commonwealth had extinguished the Gumatj Clan’s non-exclusive native title rights,
necessitating compensation. The court affirmed that such actions constituted an
acquisition of property under Section 51(xxxi) of the Constitution and must be carried out
on just terms. This landmark ruling could lead to further compensation claims by Indigenous
groups for land appropriations that occurred before the enactment of the Racial
Discrimination Act 1975.

Healthcare & Life Sciences

Australian Government announces major healthcare funding in federal budget

The Australian Government has allocated substantial funding in the 2025-26 Federal
Budget to improve access to healthcare, with a focus on Medicare, prescription drug
affordability, and women's health services. The funding includes provisions to reduce the
cost of medicines under the Pharmaceutical Benefits Scheme and expand bulk billing
services. While the opposition supports some measures, it has not yet committed to
backing the proposed establishment of fifty new Medicare Urgent Care Clinics. These
healthcare initiatives are expected to be a focal point in the upcoming federal election,
scheduled for May 2025.

Information Technology & Data Protection

Queensland introduces significant privacy law reforms

Queensland’s privacy law reforms, set to take effect on July 1, 2025, will introduce changes
to the Right to Information Act 2009, affecting government transparency and disclosure
policies. The amendments will refine procedural aspects of internal and external reviews
and enhance requirements for public disclosures by government agencies. Agencies will
need to update their publication schemes and disclosure logs to comply with the new
regulations. With increased scrutiny over data accessibility and retention, government
entities must ensure robust documentation processes to address any future legal
challenges regarding the sufficiency of their search efforts.
 CANADA
Company & Commercial
United States Corporate Transparency Act narrows reporting obligations, but some
Canadian businesses remain affected

The Corporate Transparency Act of the United States aims to combat financial crimes by
mandating businesses to disclose beneficial ownership details to the Financial Crimes
Enforcement Network. On March 21, 2025, an interim final rule was issued, exempting
United States entities and individuals from such reporting obligations. However,
corporations, limited liability companies, and other entities formed under foreign laws but
registered to do business in any United States state or tribal jurisdiction will still be required
to comply. As a result, Canadian businesses with such registrations may continue to be
affected by the reporting requirements.

Ontario court declares corporation and its director vexatious litigants

In the case of Lenczner Slaght LLP v. Glycobiosciences Incorporated, 2025 ONSC 829, the
Ontario Superior Court of Justice declared both the corporation and its director as
vexatious litigants. The law firm Lenczner Slaght sought relief under Section 140 of the
Courts of Justice Act due to the excessive litigation history of Glycobiosciences
Incorporated and its director, Kevin Drizen. Since 2017, Drizen has initiated at least 32 legal
proceedings, none of which progressed to a final hearing. The court ruled in favor of the
application, barring Glycobiosciences Incorporated from commencing new proceedings in
Ontario without prior judicial approval.

Insurance
Regulatory commission in New Brunswick proposes changes to insurance licensing
framework

The Financial and Consumer Services Commission of New Brunswick has proposed
amendments to Rule INS-001, which governs insurance intermediary licensing and
obligations. The proposed changes include expanding the scope of general insurance
agents, allowing Level 1 agents to offer commercial insurance under supervision, and
modifying the oversight requirements for Level 2 agents. Additionally, the amendments aim
to simplify licensing requirements for travel insurance distributors and enhance the mobility
of licensed individuals. The public has until April 18, 2025, to submit feedback on the
proposed revisions.

Information Technology & Data Protection

Alberta advances privacy law reforms amid federal legislative stagnation

Efforts to modernize federal privacy laws in Canada suffered a setback when Bill C-27
failed to pass due to the prorogation of Parliament in January 2025. Meanwhile, the
province of Alberta has continued to push forward with updates to its Personal Information
Protection Act. A final report from the Standing Committee on Resource Stewardship
includes recommendations such as implementing specific rules on the handling of minors'
personal data and granting the Information and Privacy Commissioner authority to impose
administrative penalties on organizations. These updates aim to align Alberta’s privacy
regulations with international standards while ensuring compatibility with future federal
legislation.
 CHINA

Company & Commercial

Shanghai SAFE revises policy on amendments for company approvals

The Shanghai branch of the State Administration of Foreign Exchange (SAFE) has
introduced new guidelines clarifying which changes to a company's SAFE approval require
an amendment application. Under the updated policy, only changes related to the name of
participating entities, adjustments to employee lists, and the removal of entities in China—
except in cases of mergers or spin-offs—are considered immaterial and do not require an
immediate amendment. All other modifications to the terms of a company’s SAFE approval
are classified as material and must be reported within three months of taking effect. The
amendment application must include a letter explaining the changes along with supporting
documentation.

Designs & Trade Secrets

China strengthens regulations on foreign-related intellectual property disputes

The State Council of China has passed the Regulations of the State Council on the
Handling of Foreign-Related Intellectual Property Disputes to provide a structured approach
to managing intellectual property disputes involving foreign entities. The new regulations
empower the Ministry of Commerce and intellectual property management departments
overseeing trademarks, patents, and copyrights to offer guidance to Chinese enterprises
facing intellectual property challenges abroad. These measures aim to counter foreign
actions that use intellectual property disputes as a tool for restricting Chinese businesses.

Energy & Natural Resources

United States and Canada take steps to reduce reliance on Chinese rare earth minerals

In an effort to secure a stable supply of critical minerals, former United States President
Donald Trump invoked the Defense Production Act to promote domestic production of rare
earth elements. An executive order has been signed to facilitate financing, loans, and
investments aimed at reducing reliance on China, which currently dominates the global rare
earth minerals market. These minerals are essential for advanced technologies, including
semiconductors, batteries, and defense systems. The United States and Canada are
particularly concerned about heavy rare earth elements, which are almost exclusively
sourced from ion-adsorption clay deposits in southern China.

IT & Data Protection

China enhances regulatory framework for artificial intelligence compliance

With the rapid expansion of artificial intelligence applications, China has implemented a
comprehensive governance framework to regulate deep synthesis technology, which is
widely used in media production and digital services. The Cyberspace Administration of
China, the Ministry of Industry and Information Technology, and the Ministry of Public
Security have jointly issued the Administrative Provisions on Deep Synthesis of Internet
Information Services. These provisions aim to address potential legal and ethical concerns
associated with artificial intelligence-generated content, including the use of deep
synthesis technology to create realistic digital representations of deceased individuals.
 HONG KONG
Banking
Securities and Futures Commission unveils roadmap for virtual asset market regulation

The Securities and Futures Commission of Hong Kong has introduced a regulatory roadmap
titled “‘A-S-P-I-Re’ Roadmap for a Resilient Virtual Asset Ecosystem” to enhance oversight
of the virtual asset sector. The roadmap focuses on five key areas: access, safeguards,
products, infrastructure, and relationships. It includes regulatory initiatives such as the
establishment of licensing frameworks for over-the-counter virtual asset trading and
custodian services, as well as specialized regulations for professional investors and
financial influencers. In line with this strategy, the Financial Secretary of Hong Kong
announced in the 2025–2026 Budget Speech that consultations on these licensing regimes
will take place in 2025. The government also plans to issue a second policy statement on
virtual asset development to reinforce investor protection and market stability.

Insolvency & Restructuring

Hong Kong insolvency court stresses urgency in prosecuting winding-up petitions

The Hong Kong Court of First Instance, in Re China Chuangyu International Investment
(HK) Limited [2025] HKCFI 869, dismissed a winding-up petition against China Chuangyu
International Investment (HK) Limited due to the petitioner’s failure to actively prosecute
the case. The petitioner, Takson Sportswear Limited, had initiated proceedings but failed to
comply with procedural requirements under the Companies (Winding-up) Rules (Cap. 32H)
for eight months. The court reprimanded the petitioner for delaying the process and
reiterated that winding-up petitions are severe legal actions requiring timely prosecution. It
further warned that failure to answer requisitions, obtain a registrar’s certificate within three
months, or attend hearings may result in dismissal without prior notice, along with
additional costs.

IT & Data Protection

Hong Kong enacts its first cybersecurity law to protect critical infrastructure

On March 19, 2025, the Legislative Council of Hong Kong passed the Protection of Critical
Infrastructures (Computer Systems) Bill, which aims to strengthen cybersecurity measures
and mitigate risks affecting essential services. The legislation, which will come into effect
on January 1, 2026, imposes stringent obligations on operators of critical infrastructure,
requiring them to establish a cybersecurity management unit and maintain a registered
office in Hong Kong. The law is intended to ensure the resilience of key sectors against
cyber threats and to minimize disruptions caused by cyber incidents.
 INDONESIA

Competition & Antitrust

Indonesia Competition Commission grants first-ever antitrust approval for business
cooperation

The Indonesia Competition Commission (Komisi Pengawas Persaingan Usaha) has, for the
first time, approved a non-merger business cooperation agreement, marking a significant
development in competition law. The approval, granted on February 27, 2025, pertains to a
partnership between PT Garuda Indonesia (Persero) Tbk and Japan Airlines, covering joint
flight services, network expansion, and loyalty programs. While the approval follows the
Antitrust Immunity granted by the Japanese government, the commission has stated that it
retains the authority to investigate any potential anti-competitive behavior that may arise
from the agreement.

Compliance Management
Indonesia introduces religious festivities bonus for online drivers and couriers

On March 15, 2025, the Ministry of Manpower issued Circular Letter No.
M/3/HK.04/III/2025, encouraging digital platform companies to provide a Religious
Festivities Bonus (Bonus Hari Raya Keagamaan) to online drivers and couriers. Unlike the
legally mandated Religious Festivity Allowance, this bonus is voluntary and intended as a
corporate social responsibility initiative. The bonus amount varies, with high-performing
drivers receiving up to 20 percent of their average net monthly earnings from the past year,
while others receive an amount based on the financial capacity of the service provider.
Payment must be made at least seven days before Idul Fitri 1446 Hijri.

Energy & Natural Resources

Indonesia issues new regulation to advance carbon capture and storage initiatives

The Ministry of Energy and Mineral Resources of Indonesia has introduced Ministerial
Regulation No. 16 of 2024, providing a framework for Carbon Capture and Storage
activities in the country. This regulation implements Presidential Regulation No. 14 of 2024
and outlines licensing procedures for carbon storage sites, exploration, and operational
permits. The move underscores Indonesia’s commitment to achieving Net Zero Emissions
by 2060 and aims to attract investment in sustainable carbon storage technology. While the
regulation focuses on storage, it does not yet address Carbon Capture Utilization and
Storage initiatives.
 JAPAN

Construction
Japan adopts lean scheduling approach to mitigate construction delays

Construction delays remain a persistent challenge in Japan, often leading to financial risks,
extended project timelines, and legal disputes. A study of 812 delayed projects reveals that
time extensions average 66 percent of the original schedule, with cost overruns reaching
28.2 percent of capital expenditure. Notably, buildings, transportation infrastructure, and
utility projects face the most significant delays. Industry experts suggest integrating lean
construction principles with traditional scheduling techniques to improve project
coordination, mitigate delays, and enhance risk management, particularly in projects using
the design-bid-build model.

PHILIPPINES
IT & Data Protection
Philippines issues joint advisory on privacy-enhancing technologies in insurance

On March 11, 2025, the National Privacy Commission and the Insurance Commission of the
Philippines released Joint Advisory No. 2025-001, outlining considerations for using
Privacy-Enhancing Technologies in the insurance sector. These technologies aim to
safeguard personal data while enabling efficient data processing for insurers, brokers, and
other regulated entities. The advisory encourages the adoption of digital security measures
that protect data confidentiality, integrity, and accessibility. It highlights the need for
compliance with existing data privacy laws while fostering innovation in the industry.

THAILAND
Company & Commercial
Thailand to implement mandatory electronic corporate registration system from July 2025

Starting from July 1, 2025, the Department of Business Development under the Ministry of
Commerce will only accept corporate registration applications for private limited companies
through its newly launched electronic system, DBD Biz Regist. Physical paper-based
applications will no longer be permitted. Authorized directors will have the flexibility to sign
registration documents either using wet-ink signatures or through designated electronic
applications such as DBD e-Service and ThaiD. The registration process may require
additional documents, including identity verification details of existing directors, as part of
the data updating initiative. While companies can submit applications online, the
registration approval process may take more than one day to complete.
Information Technology & Data Protection
Small and medium enterprises in Thailand exempted from maintaining processing activity
records under privacy law

The Personal Data Protection Act of Thailand, enacted in 2019 and effective from June 1,
2022, requires all data controllers and data processors to maintain detailed records of
processing activities. Failure to comply may result in substantial administrative fines.
However, in January 2025, the Personal Data Protection Commission issued two
notifications granting exemptions to small and medium enterprises from this obligation.
Despite this exemption, such enterprises must still document any instances where they
reject or object to requests made by individuals exercising their rights under the Personal
Data Protection Act. These records must remain accessible for review by regulatory
authorities.

Energy & Natural Resources

Vietnam updates power development plan to include additional solar projects

On March 5, 2025, the Ministry of Industry and Trade of Vietnam issued Decision Number
618/QD-BCT, integrating 142 commercially operational solar power projects into the
National Power Development Master Plan. This decision follows a government resolution
from December 2024, which sought to address concerns raised in a government report
questioning the legal basis of 154 previously included solar projects. The newly approved
projects have a combined capacity of approximately 9,500 megawatts and will undergo
further investment approval and feasibility studies before final implementation. The
objective of this update is to prevent resource wastage and restore investor confidence in
Vietnam’s renewable energy sector.

USA

Banking

Financial Conduct Authority unveils five-year strategy and regulatory review outcomes

On March 25, 2025, the Financial Conduct Authority released its five-year strategy
alongside the results of its review of retail conduct regulations under the Consumer Duty
framework. These documents reflect the Financial Conduct Authority’s focus on balancing
regulatory reduction, fostering innovation, and ensuring consumer protection. The strategy
primarily sets out long-term objectives without detailing specific policy measures or
announcing substantial regulatory changes. Financial Conduct Authority Chief Executive
Nikhil Rathi emphasized a shift towards fewer large-scale reforms, aiming instead for a
more stable and predictable regulatory landscape.
Supreme Court expands the definition of 'claims' under the False Claims Act

On February 21, 2025, the Supreme Court of the United States delivered a unanimous
ruling in Wisconsin Bell, Inc. v. United States ex rel. Heath, broadening the scope of liability
under the False Claims Act. The court held that liability can extend to funds administered by
private entities if any portion of the funding originates from the federal government. The
case involved allegations against Wisconsin Bell, a subsidiary of AT&T, which was accused
of overcharging educational institutions under the E-Rate program managed by the Federal
Communications Commission. The Supreme Court's decision upholds lower court rulings
that deemed the company’s reimbursement requests as actionable claims under the False
Claims Act.

Office of Financial Sanctions Implementation highlights key compliance risks in financial

services

On February 13, 2025, the Office of Financial Sanctions Implementation published an

assessment of suspected breaches of financial sanctions by financial services firms since
February 2022. The report identifies major compliance risks, including the improper
maintenance of frozen assets, transactions involving Russian-designated persons, and the
role of intermediary countries in circumventing sanctions. The Office of Financial Sanctions
Implementation has urged financial institutions to strengthen compliance frameworks,
particularly by reviewing policies that may lead to inadvertent breaches, such as automatic
renewals of contracts tied to sanctioned entities.

Securities and Exchange Commission eases advertising restrictions for private capital
fundraising

On March 12, 2025, the United States Securities and Exchange Commission staff issued a
no-action letter that simplifies the process for private fund sponsors to rely on Rule 506(c)
under the Securities Act of 1933. Rule 506(c) permits issuers to engage in general
solicitation for private offerings, provided they verify investors' accredited status. However,
due to burdensome verification requirements, the rule has been underutilized. The recent
guidance introduces streamlined verification methods, potentially increasing the adoption
of Rule 506(c) and expanding access to capital markets for private fund sponsors.

Securities and Exchange Commission expedites approval process for certain Form S-3
registrations

On March 20, 2025, the Securities and Exchange Commission issued new guidance
allowing issuers who are not well-known seasoned issuers to have their Form S-3
registration statements declared effective before filing their proxy statements containing
Part III information from their Annual Report on Form 10-K. This marks a shift from previous
guidance, in place since 1997, that required issuers to file their proxy statements before
Form S-3 approval. The updated approach aims to accelerate the registration process,
enabling issuers to access capital markets more efficiently during the period between the
filing of their Form 10-K and their proxy statement.
FinCEN’s interim rule on corporate transparency act aims to reduce regulatory burdens on
small businesses

On March 21, 2025, the Financial Crimes Enforcement Network issued an interim final rule
eliminating the beneficial ownership information reporting requirements under the
Corporate Transparency Act for all United States entities and beneficial owners who are
United States persons. FinCEN indicated that the decision to narrow the scope of reporting
obligations is intended to alleviate the regulatory burden on small businesses. The new rule
exempts all domestic entities from reporting obligations, and foreign entities only need to
report non-United States beneficial owners. Despite this relaxation, foreign entities
registered to do business in the United States after January 1, 2024, must still provide
information about their company applicant.

Energy And Natural Resources

Federal Energy Regulatory Commission accepts Southwest Power Pool’s tariff revisions to
address transmission congestion rights market risks

On March 20, 2025, the Federal Energy Regulatory Commission approved tariff revisions
proposed by the Southwest Power Pool to introduce a mark-to-auction collateral
requirement for its Transmission Congestion Rights market. This measure is intended to
mitigate financial risks arising from the declining value of transmission congestion rights
held by market participants. The revisions follow a show cause order issued by the Federal
Energy Regulatory Commission in 2022, which questioned the adequacy of credit risk
management practices in several regional transmission organizations. Although the
commission approved the tariff changes, it declined to terminate the ongoing show cause
proceeding, stating that the proposed revisions did not fully resolve their concerns
regarding credit risk management in the market.
Trending
in News
 Digital Dilemmas: Kerala High Court’s Clarion Call for
Cyberbullying Legislation

In Fakrudeen KV v State of Kerala & anr (MANU/KE/0917/2025, 2025:KER:24735),

the Kerala High Court addressed the issue of online defamation in a straightforward
application of existing law. In this case, the appellant, a YouTuber, was accused of
uploading an edited video that defamed a Scheduled Caste woman by portraying
her in a derogatory manner. The defense contended that, because the video did not
explicitly mention caste, the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 should not apply. However, the Court rejected this argument.

The Court noted that the video, viewed by over one lakh persons, contained content
designed to humiliate and defame the complainant. Despite the absence of a direct
caste reference, the overall derogatory portrayal—depicting the complainant as a
woman of questionable morality was held to be sufficient to establish an offence
under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. Consequently, the petition for anticipatory bail was rejected
pursuant to Sections 18 and 18A of that Act.

Examination of Relevant Statutory Provisions

Information Technology Act, 2000

Section 66E deals with violations of privacy through the unauthorized capturing
and transmission of images. The Court found that the required elements for this
offence were not present in the video.
Section 67A targets the transmission of sexually explicit material in electronic
form. Here, the Court concluded that the video did not contain the clear sexually
explicit conduct necessary to invoke this section.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 3(1)(r) was crucial to the Court’s decision. The overall abusive and
derogatory content of the video was sufficient to establish an offence under this
provision, irrespective of an explicit caste mention.

Bharatiya Nyaya Sanhita, 2023

Although this recent reform represents modern advances in criminal law, the
Court observed that it does not extend to instances of cyberbullying or online
harassment where the abusive conduct does not involve overtly sexual
elements. This gap indicates that additional legislative measures may be
necessary to address such forms of misconduct comprehensively.

While the Information Technology Act, 2000 and the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 provide mechanisms to
address aspects of online misconduct, the case highlights that their scope may be
limited when dealing with non-sexual cyberbullying.

[email protected]