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Insights

Keeping you up-to-date with the latest news, views and market commentary on the issues which may impact your business

A Quiet Nudge to Criminal Enforcement by the Supreme Court in the Sterling Biotech Case

(Prashant Mara and Sidharth S Kumar) The Supreme Court’s decision in Hemant S. Hathi & Anr. v. CBI & Ors. is a landmark in India’s regulatory approach. The Court quashed criminal, PMLA, SFIO, and other proceedings after petitioners agreed to pay INR 5,100 crore as a final settlement of bank dues. This ruling, though non-precedential, signals a shift toward economic restitution over punitive enforcement. The Supreme Court exercised its equity powers vested in it to balance pub

Statutory Timelines under the PoSH Act for investigation

The PoSH Gap Series – Strengthening Workplace Investigations Harinie Seenivasan and Arjun Paleri This article, the fourth in our PoSH Gap Series, examines the systemic challenges associated with non-compliance with statutory timelines under the PoSH Act and the resulting impact on the fairness and integrity of the internal committee (“ IC ”) proceedings. What happens when statutory timelines are not met? The Sexual Harassment of Women (Prevention, Prohibition and Redressal)

Violation of Principles of Natural Justice

The PoSH Gap Series – Strengthening Workplace Investigations Harinie Seenivasan and Arjun Paleri This article, the second in our PoSH Gap Series, examines one of the most common reasons internal committee (“ IC ”) findings are overturned by courts; procedural violations that deny respondents their fundamental right to a fair hearing. Speed vs Efficiency – What should the IC choose? The IC receives a complaint alleging sexual harassment by one of your employees – the allegatio

The Binding Nature of the Internal Committee's Recommendations

The PoSH Gap Series – Strengthening Workplace Investigations Harinie Seenivasan and Arjun Paleri This article is the first in a series of articles exploring the critical gaps in investigations under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“ PoSH Act ”). Despite being in force for more than a decade, the PoSH Act continues to suffer from ambiguities that create uncertainties for internal committees (“ IC ”) and the employe

RBI extends key timelines for export realisation and advance payment shipments

Xerxes Antia and Agrima Choudhary The Reserve Bank of India (“ RBI ”) has introduced 2 noteworthy relaxations through an amendment to the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015, notified on November 13, 2025. These changes extend key statutory timelines and provide additional flexibility to Indian exporters and businesses engaged in cross-border trade.   A brief summary of the amendments is set out below.  Extension of timeline for realisat

Redefining Small: MCA Introduces Higher Capital & Turnover Limits

Xerxes Antia and Rohit Kudtarkar   The Ministry of Corporate Affairs, Government of India (“ MCA ”) has issued a recent circular which came into force on December 1, 2025 and which has widened the definition of a ‘ small company ’ under the Companies Act, 2013 (the “ Act ”). A copy of the MCA Circular dated December 1, 2025, is attached for your reference.    Background     Under the provisions of the Act, a “small company” is identified based on prescribed financial thresho

Clean Energy, Toxic Waste: Are Our Waste Laws Ready for the Future?

Parveen Arora and Ishaan Chopra      India is driving a green energy revolution, aiming for 500 gigawatts (GW) of non-fossil energy capacity by 2030. It has already achieved over 250 GW of non-fossil energy capacity, primarily from solar (123 GW) and wind (52 GW). While the shift to clean and green energy sources such as solar, wind, battery energy storage systems (BESSs), and electric vehicles (EVs) is essential for the climate and India’s energy independence, it also introd

Institutional Bias and Conflict of Interest in IC Composition

The PoSH Gap Series – Strengthening Workplace Investigations Harinie Seenivasan and Arjun Paleri This article, the third in our PoSH Gap Series, examines the issue of institutional bias arising from improper Internal Committee (“ IC ”) composition that results in the denial of a fair and impartial hearing to respondents . What does the law say about the constitution of the IC? The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“ PoS

Overview of New Indian Employment Laws - Four new Labour Codes are now in effect

The Indian government has been developing a new framework for Indian labour laws since 2020 – it has been a vast exercise involving actions at the Central (Federal) and State levels. These new labour laws, officially known as Labour Codes, came into force on November 21, 2025. In summary, the new Labour Codes comprise: Code on Wages, 2019 – Governs all aspects of wages, including payments, minimum wage levels, pay parity, and related conditions. Code on Social Security, 2020

FAQs | Digital Personal Data Protection Act, 2023: The Road to Data Compliance

Kalindhi Bhatia and Hiba Abbas As stakeholders across industries have been awaiting the practical implementation of the Digital Personal Data Protection Act, 2023 (“ DPDPA ”), the Digital Personal Data Protection Rules, 2025 (“ DPDP Rules ”) have finally been released on November 14, 2025. These Rules, intended to operationalise the DPDPA, provide much-needed clarity on how provisions of the Act are expected to practically function. You can access the finalized version of the

8 Key Takeaways: The Digital Personal Data Protection Rules, 2025

Vikram Jeet Singh and Kalindhi Bhatia More than two (2) years since the notification of the Digital Personal Data Protection Act, 2023 (“ DPDPA ”, “ Act ”), the Act has now been implemented by way of the Digital Personal Data Protection Rules (“ Rules ”) notified on November 13, 2025. This comes as welcome relief and clarity to Indian businesses who have been seeking to align their data practices. The Rules mark an end to India’s long journey of developing a standalone privac

Regulatory Update: Energy, Infrastructure, Mining & Environment Regulatory

Welcome to the first edition of BTG Advaya’s regulatory update on energy, infrastructure, mining and environment. As India advances its sustainability and resource management goals, we present key regulatory developments from October 2025 across the Ministries of Coal, Jal Shakti, Mines, New and Renewable Energy, Power, and Environment.   These updates reflect significant policy shifts and compliance obligations for stakeholders.  Historic Launch of Commercial Mining in Aruna

MCA Relaxation for filing of Financial Statements and Annual Returns for FY 2024-25

(Xerxes Antia and Sneha Gangwani) The Ministry of Corporate Affairs ( MCA ), vide its circular dated October 17, 2025, has provided a relaxation of additional fees and extension of time for filing of Financial Statements and Annual Returns in view of the deployment of the new e-Forms on the MCA V3 portal. Companies may now file their financial statements and annual returns for the financial year ended March 31, 2025, without payment of additional fees, up to December 31, 202

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