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Also Read: How To Start A Single Person Company in India

What is ROC Compliance?

The Registrar of Companies (ROC) is a government authority under the Ministry of Corporate Affairs (MCA) that oversees company administration in India. ROC compliance refers to the process of filing reports, forms, and returns that are legally mandated to ensure transparency and accountability in a company’s operations.

For Pvt Ltd companies, ROC compliance involves:

1. Holding board and shareholder meetings.

2. Filing annual returns and financial statements.

3. Notifying ROC about significant business events.

4. Maintaining statutory records.

These filings give the government and stakeholders a clear picture of the company’s financial health, governance, and overall operations.

Also Read: How To Start A Startup In India

Why ROC Compliance is Important for Pvt Ltd Companies

Failing to meet compliance requirements can have serious consequences. Here’s why ROC compliance matters:

1. Legal Requirement – Non-compliance can result in heavy fines and penalties.

2. Business Credibility – Investors, banks, and clients often check a company’s compliance history before engaging.

3. Avoiding Director Disqualification – If a company fails to file returns for three consecutive years, its directors may be disqualified.

4. Access to Funding – Compliance history is a major factor when applying for loans or attracting investors.

5. Maintaining Active Status – ROC can strike off non-compliant companies from its register, making them inactive.

Also Read: Legal Compliances Checklist For Startups In India

Types of ROC Compliances

ROC compliances for Pvt Ltd companies can be divided into two main categories:

1. Mandatory Annual Compliances – Regular filings and actions that must be performed every year.

2. Event-Based Compliances – Filings that are triggered by specific company events such as a change in directors, office address, or issue of shares.

Let’s break these down in detail.

Also Read: How To Register Your Startup In India 5 Simple Steps For Registration

Mandatory Annual ROC Compliances

1. First Board Meeting

1. A company must conduct its first board meeting within 30 days of incorporation.

2. Thereafter, at least two board meetings every year must be held, with a gap of not more than 120 days between two meetings.

3. Notice of the meeting must be given at least 7 days in advance.

4. Form MBP-1 must be filed by directors disclosing their interests in other entities.

Also Read: The Startup India Scheme

2. Annual General Meeting (AGM)

1. Except One Person Companies (OPC), every Pvt Ltd company must hold an AGM.

2. First AGM must be held within 9 months from the end of the first financial year.

3. Subsequent AGMs must be held within 6 months from the end of the financial year, but the gap between two AGMs cannot exceed 15 months.

4. At the AGM, shareholders approve financial statements, appoint/reappoint directors and auditors, and review board reports.

Also Read: Top 10 Legal Mistakes Every Startup Founder Must Avoid

3. Filing of Annual Returns – Form MGT-7

1. Every Pvt Ltd company must file its Annual Return (Form MGT-7) within 60 days of AGM.

2. It contains details like:

   1. Shareholding pattern.

   2. List of directors and key managerial personnel.

   3. Details of meetings.

   4. Share transfers.

4. Filing of Financial Statements – Form AOC-4

1. Financial statements, including the Balance Sheet, Profit & Loss Account, and Board Report, must be filed with ROC in Form AOC-4 within 30 days of AGM.

2. Financial statements must be audited by a Statutory Auditor before filing.

5. Income Tax Return Filing

1. Apart from ROC filing, companies must file Income Tax Returns (ITR-6) every year, irrespective of profit or loss.

2. The due date is 30th September of the assessment year (unless extended by the government).

6. Statutory Registers Maintenance

Every Pvt Ltd company must maintain:

1. Register of Members.

2. Register of Directors.

3. Register of Charges.

4. Minutes of Board & General Meetings.

5. Register of Share Allotment.

These must be kept updated and available for inspection.

7. Director Identification Number (DIN) KYC – Form DIR-3 KYC

1. Every director must file DIR-3 KYC annually with updated personal details.

2. Non-filing leads to DIN deactivation and a penalty of ₹5,000.

8. Appointment of Auditor – Form ADT-1

1. A company must appoint its first auditor within 30 days of incorporation.

2. Subsequent auditors are appointed for 5 years in the AGM, and details must be filed with ROC using Form ADT-1.

9. Commencement of Business – Form INC-20A

1. Every Pvt Ltd company incorporated after 2019 must file INC-20A within 180 days of incorporation.

2. This is mandatory before starting business operations or borrowing funds.

Also Read: Procedure, Document Checklist And Costs For Incorporation Of A Private Limited Company

Event-Based ROC Compliances

Event-based compliances arise when specific changes or activities take place within the company. Some of the common ones include:

1. Change in Directors – Form DIR-12

• Any appointment, resignation, or change in designation of directors must be filed with ROC within 30 days.

2. Change in Share Capital – Form SH-7

1. Alteration of authorized share capital requires filing SH-7 within 30 days.

2. For allotment of new shares, Form PAS-3 must be filed within 15 days.

3. Change in Registered Office – Form INC-22 / MGT-14

1. Shift within the same ROC jurisdiction – file INC-22.

2. Shift to another ROC jurisdiction – requires MGT-14 + RD approval.

4. Charge Creation / Modification – Form CHG-1

• When a loan is taken by creating a charge on company assets, the charge must be filed with ROC in Form CHG-1 within 30 days (extendable to 120 days with additional fees).

5. Satisfaction of Charge – Form CHG-4

• Once the loan is repaid, the company must file CHG-4 within 30 days to record charge satisfaction.

6. Auditor Resignation – Form ADT-3

• If an auditor resigns, the company must file ADT-3 within 30 days.

7. Delay in MSME Payments – Form MSME-1

• If payments to Micro and Small Enterprises are delayed beyond 45 days, the company must report the details bi-annually in Form MSME-1.

8. Return of Deposits – Form DPT-3

• Every company that accepts deposits or loans must file DPT-3 annually before 30th June.

9. Resolutions and Agreements – Form MGT-14

• Special resolutions and certain board resolutions must be filed with ROC in MGT-14.

10. Substantial Beneficial Ownership – Form BEN-2

• Companies must disclose details of any individual holding 25% or more beneficial ownership in Form BEN-2.

Also Read: Company Name Reservation Process Reserve Unique Name Requirements and Process

Penalties for Non-Compliance

Non-compliance can lead to heavy fines. Here are some common penalties:

• Failure to hold AGM – ₹25,000 on the company + ₹5,000 on every officer.

• Non-filing of Annual Return (MGT-7) – ₹100 per day of delay.

• Non-filing of Financial Statements (AOC-4) – ₹100 per day of delay.

• Non-filing of DIN KYC – DIN deactivation + ₹5,000 penalty.

• Failure to file INC-20A – ₹50,000 on company + ₹1,000 per day on directors.

Also Read: Setting up a Sole Proprietorship Business in India

Practical Tips to Stay ROC Compliant

1. Maintain a Compliance Calendar – Track all due dates.

2. Hire a Professional – A Company Secretary (CS) or Chartered Accountant (CA) can help avoid mistakes.

3. Use Technology – Many compliance management software tools can send reminders and help with filings.

4. Conduct Regular Internal Audits – Ensure registers, books, and minutes are updated.

5. Don’t Ignore Small Penalties – Delays accumulate into huge amounts.

Also Read: Things Nobody Told You About Setting up a Private Limited Company

Common Myths About ROC Compliance

• Myth 1: Small companies don’t need to comply.

  • Fact: ROC compliance is mandatory regardless of turnover or profit.

• Myth 2: Non-operational companies are exempt.

  • Fact: Even dormant companies must file returns unless formally closed.

• Myth 3: Penalties are minor.

  • Fact: Penalties can run into lakhs, along with director disqualification.

Also Read: How Can We Check Whether A Company Is Registered Or Not?

Latest Updates in ROC Compliance (2025)

1. MCA’s V3 portal has simplified filing processes with e-forms now integrated into an online dashboard.

2. Additional disclosures in financial statements are now mandatory, including CSR expenditure and related party transactions.

3. Small companies benefit from relaxed compliance norms, such as exemption from certain board meetings.

Also Read: Partnership Agreement Between Two Companies

Conclusion

ROC compliance for Pvt Ltd companies may seem overwhelming at first glance, but with proper planning and expert help, it becomes manageable. Compliance ensures transparency, builds credibility, protects directors from penalties, and allows businesses to grow smoothly.

If you are a business owner, consider consulting a legal compliance expert to handle your ROC filings. This allows you to focus on business growth while ensuring that your company remains legally sound.

Also Read: Now get your Unpaid Salary

Understanding “Overtime” Under Indian Labour Laws

Before discussing rules, it’s important to understand what “overtime” means legally.

Definition:
Overtime refers to any hours worked by an employee beyond the prescribed daily or weekly working hours under applicable labour legislation.

Standard working hours are defined differently in various laws, but the most common benchmark is:

1. 9 hours per day and

2. 48 hours per week

Any work beyond this threshold generally qualifies as overtime.

Also Read: MCA Portal: Your Ultimate Guide to Acts, Rules, and Corporate Services

Key Legislations Governing Overtime in India

Factories Act, 1948

• Section 51: Maximum of 48 hours a week.

• Section 54: No more than 9 hours a day.

• Section 59: Overtime pay at twice the ordinary rate for work beyond the daily or weekly limits.

• Section 55 & 56: Rest intervals and spread-over limits—no more than 10.5 hours total per day including breaks.

Example:
If a factory worker earns ₹100/hour, overtime must be paid at ₹200/hour for extra hours.

Minimum Wages Act, 1948

• Section 13: Government can fix daily working hours for scheduled employments.

• Section 14: Any work beyond normal hours requires overtime pay at the prescribed rate (not less than twice the ordinary rate).

State Shops & Establishments Acts

These laws apply to non-factory establishments—offices, IT firms, retail shops, etc.—and differ from state to state.
Examples:

• Karnataka Shops & Commercial Establishments Act, 1961: Max 10 hours/day including OT, with OT pay at twice the regular rate.

• Maharashtra Shops & Establishments Act, 2017: Similar OT provisions, but with state-specific exemptions for certain industries.

Other Relevant Laws

• Mines Act, 1952: Section 33 mandates double wages for overtime.

• Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996: Section 29 ensures OT pay at twice the normal rate.

Also Read: Legal Compliances Checklist For Startups In India

Legal Limits on Working Hours and Overtime

Daily Limits

1. 9 hours/day (Factories Act) or as per state SEA

2. OT cannot usually exceed 2 hours/day

Weekly Limits

1. 48 hours/week standard

2. Overtime capped at 50 hours in a quarter (varies by law and state)

Spread-over Rule

Even with breaks, total time spent at the workplace should not exceed 12 hours/day (Factories Act).

Also Read: The Unique Identity Of A Company Director As Per The Company Law

Overtime Calculation Methods

1. Hourly Rate Method

1. Determine daily wage = Monthly wage ÷ 26 (working days)

2. Hourly wage = Daily wage ÷ 8

3. OT pay = Hourly wage × 2 × OT hours worked

Example:

1. Monthly salary: ₹26,000

2. Daily wage = ₹1,000

3. Hourly wage = ₹125

4. 3 hours OT = ₹125 × 2 × 3 = ₹750 extra

2. Piece Rate Method

Common in manufacturing where payment is per unit produced:

• OT pay is calculated for additional units made beyond normal working hours at double the piece rate.

Also Read: Employee Stock Option Scheme

Overtime Rules for Private Companies

1. HR Policy Requirements

Private companies should:

1. Clearly define normal working hours

2. Specify conditions under which OT is allowed

3. Include OT approval process

4. Maintain attendance & OT registers (mandatory under most state SEAs)

2. Voluntary vs. Forced Overtime

1. OT must be voluntarily undertaken by employees.

2. Forced OT without pay violates labour laws and can invite penalties.

3. Special Considerations for IT/BPO Sector

1. Night shifts are allowed, but spread-over and OT rules still apply.

2. No specific national law for night shift OT—state laws govern.

Also Read: How to Draft a Legal Notice for an Absconding Employee: A Complete Guideline

Penalties for Non-Compliance

Under the Factories Act:

1. Imprisonment up to 2 years and/or fine up to ₹1 lakh

2. Continuing violation: ₹1,000/day fine

Under state SEAs:

• Penalties vary but can include fines from ₹2,000 to ₹50,000 depending on the severity and recurrence of violation.

Also Read: Guide to Employee Provident Fund (EPF) – Registration and Compliance

Common Misconceptions

1. “Salaried Employees Don’t Get OT”

False—if your role falls under the definition of “worker” or “employee” in labour laws, you are entitled to OT unless specifically exempted (like managerial roles in some laws).

2. “Private Companies Can Avoid OT Payment if in Policy”

False—company policies cannot override statutory rights under central or state laws.

Also Read: Decoding a Fixed Term Employment Contract

State-wise Variations in Overtime Rules

Real-World Example: Demonetisation Period

During India’s demonetisation in 2016, thousands of bank employees (public & private sector) worked late into the night for weeks. Many did not receive overtime pay, highlighting the gap between law and practice—especially in the private sector.

Best Practices for Employers

• Automate Time Tracking: Use biometric or software-based systems.

• Ensure Transparency: Share OT calculations with employees.

• Review State Laws: Each state has its own SEA—compliance is state-specific.

• Train Managers: Many OT violations occur because line managers are unaware of legal limits.

Employee Rights & Remedies

If denied OT payment:

1. Review your appointment letter and HR policy.

2. Collect proof—attendance records, emails, messages.

3. Approach the HR/Grievance Cell internally.

4. File a complaint with the Labour Commissioner.

5. Seek legal consultation from a labour lawyer.

Future of Overtime Laws in India

The Occupational Safety, Health and Working Conditions Code, 2020 (not yet fully implemented) consolidates many labour laws and proposes a uniform overtime framework. Once enforced, it will:

1. Standardise working hours across sectors

2. Make OT tracking more transparent

3. Introduce stricter penalties for violations

Conclusion

Overtime rules in India are clear in law but inconsistent in practice. For private companies, compliance is not just a legal requirement but also a morale and productivity issue. Paying fair OT shows respect for employee effort, builds trust, and reduces attrition.

For employees, knowing your rights ensures you are compensated fairly for extra work. For employers, following OT laws protects against disputes and penalties.

In short:

1. 9 hrs/day and 48 hrs/week are the standard limits.

2. 2× pay for OT is the legal norm.

3. State laws matter—check your SEA.

4. Maintain proper records to avoid disputes.

By fostering transparency and compliance, both employers and employees can create a healthier, fairer workplace.

Also Read: Immigration Legal Services in India: Expert Guidance for a Smooth Immigration Journey

Understanding the Portugal Golden Visa Program

The Portugal Golden Visa is officially called the Residence Permit for Investment Activity (ARI). Launched in 2012, it allows non-EU/EEA/Swiss nationals to obtain Portuguese residency in exchange for making a qualifying investment in the country.

For Indian citizens, this means:

1. The right to live, work, and study in Portugal

2. Visa-free travel within the Schengen Area

3. A pathway to permanent residency and citizenship after five years

Also Read: Canada Visa Refusal and Re-Application: A Comprehensive Guide

What Changed in 2024–2025 and Why It Matters

End of the Real Estate Route

In October 2023, Portugal passed legislation officially removing real estate investments from the Golden Visa program. The traditional €500,000 property purchase route—by far the most popular—was scrapped to redirect foreign capital toward sectors that directly benefit the economy.

Why This Benefits Indian Nationals:

1. Less competition from speculative real estate investors

2. More diversified investment portfolio options

3. Lower entry thresholds in some cases

Current Investment Options for Indian Nationals (2025)

As of 2025, four main routes remain available to Indian applicants:

Cultural Heritage Donation

1. Minimum Investment: €250,000

2. What It Involves: Funding approved projects to preserve Portuguese cultural heritage—museums, historical sites, or artistic projects.

3. Pros: Lowest investment threshold; fastest approval times; minimal documentation on investment performance.

4. Cons: Non-refundable; purely a donation.

Investment Funds

1. Minimum Investment: €500,000

2. What It Involves: Investing in regulated Portuguese venture capital or private equity funds that support local businesses, green energy projects, or innovation sectors.

3. Pros: Potential capital appreciation; managed by licensed professionals; no property management hassles.

4. Cons: Market risk; investment performance varies.

Scientific Research

1. Minimum Investment: €500,000

2. What It Involves: Funding research at accredited Portuguese universities or scientific institutions in sectors like technology, medicine, renewable energy.

3. Pros: Contributes to global innovation; aligns with Indian IT/tech entrepreneurship trends; strong government oversight.

• Cons: No guaranteed returns; niche investment space.

Job Creation

1. Minimum Investment: Typically €500,000+ (depends on business plan)

2. What It Involves: Establishing a business in Portugal that creates at least 10 full-time jobs for locals.

3. Pros: Direct business expansion into the EU; potential high returns if business succeeds.

4. Cons: Operational complexity; requires hands-on management.

Eligibility Criteria for Indian Nationals

To qualify for the Portugal Golden Visa, Indian applicants must meet:

1. Age: 18 years or older

2. Nationality: Must be a non-EU/EEA/Swiss citizen

3. Clean Criminal Record: No serious convictions in India or elsewhere

4. Investment Funds Source: Funds must be legally obtained and fully documented

5. Commitment: Maintain the investment for at least five years

6. Physical Presence: Minimum 7 days in Portugal during the first year, and 14 days in each subsequent two-year period

Key Benefits for Indian Nationals

Minimal Residency Requirements

Only 7 days in the first year and 14 days in each subsequent two-year period—ideal for Indian professionals with international commitments.

Family Inclusion

One application can include:

1. Spouse or legal partner

2. Dependent children (including adult children if financially dependent)

3. Dependent parents

Tax Advantages

Portugal’s Non-Habitual Resident (NHR) regime offers:

1. Flat 20% tax on Portuguese income

2. Up to 10 years exemption on most foreign income

3. Benefits under the India–Portugal Double Taxation Avoidance Agreement (DTAA)

Path to EU Citizenship

After 5 years of legal residency, you can apply for Portuguese citizenship, gaining:

1. EU passport

2. Right to live and work anywhere in the EU

3. Visa-free access to 190+ countries

Quality of Life

Portugal ranks high for safety, healthcare, education, and cost of living compared to other EU countries.

The Application Process for Indian Nationals

The Golden Visa application process is straightforward but documentation-heavy—especially for Indian applicants due to additional steps under Indian regulations.

Step 1: Choose Investment Route

Select the route that matches your budget, risk tolerance, and objectives.

Step 2: Prepare Documents

Indian applicants must:

1. Get all documents apostilled under the Hague Convention (India is a signatory)

2. Translate documents into Portuguese via certified translators

Commonly Required Documents:

1. Valid passport

2. Police clearance certificates from India and any country lived in for more than one year

3. Proof of legal source of funds (salary slips, tax returns, property sale documents)

4. Marriage certificate, birth certificates (if including family)

Step 3: Open a Portuguese Bank Account

Required for making the qualifying investment.

Step 4: Transfer Funds Under LRS

Under India’s Liberalized Remittance Scheme (LRS):

1. You can remit up to USD 250,000 (~€230,000) per person per financial year

2. Larger investments (e.g., €500,000) may require splitting across financial years or involving multiple family members

Step 5: Make the Investment

Transfer the funds into the chosen investment option.

Step 6: Submit Application

Applications are filed with Serviço de Estrangeiros e Fronteiras (SEF), Portugal’s immigration authority.

Step 7: Biometrics Appointment

You’ll need to visit Portugal for fingerprinting and photo capture.

Step 8: Receive Residency Permit

Processing typically takes 3–6 months after biometrics.

Timeline for Indian Applicants

1. Document Preparation & Apostille: 1–2 months

2. Investment Transfer & Bank Setup: 1 month

3. Application Submission & Processing: 3–6 months

4. Total Average Time: 6–10 months

Tax Implications

1. Golden Visa ≠ Automatic Tax Residency – You become a Portuguese tax resident only if you stay >183 days/year.

2. NHR Regime – Strategic for Indians with global income streams.

3. DTAA Between India and Portugal – Prevents double taxation.

Example:
An Indian consultant earning globally may pay only 20% on Portuguese income while keeping Indian income tax-exempt for up to 10 years under NHR.

Common Pitfalls & How to Avoid Them

1. Incomplete Source-of-Funds Documentation – Provide a clear, auditable trail.

2. Delays in Apostille Process – Start early to avoid missing deadlines.

3. Underestimating LRS Limitations – Plan remittances strategically.

4. Choosing Wrong Investment Route – Align with long-term goals, not just lowest threshold.

Portugal vs. Other EU Golden Visas

Portugal remains the fastest path to EU citizenship with relatively low stay requirements.

The Future of Portugal’s Golden Visa

While political debate continues, current signals suggest the program will remain open but increasingly focused on:

1. Innovation and R&D

2. Cultural preservation

3. Job creation

Final Thoughts

For Indian nationals, the Portugal Golden Visa in 2025 is a balanced combination of:

1. Residency flexibility

2. Family inclusion

3. Tax planning opportunities

4. Citizenship within five years

With the right planning—especially around India’s LRS rules and document apostille requirements—Indian families can successfully secure European residency and unlock global mobility.

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Background: Why the Supreme Court Stepped In

The Supreme Court took suo motu cognizance of the issue after a news report on rising rabies deaths in Delhi-NCR caught national attention. Over the years, stray dog attacks have resulted in serious injuries and even fatalities, particularly among children and the elderly.

Official data paints a grim picture:

1. Between January and June this year, the Municipal Corporation of Delhi (MCD) recorded 49 rabies cases.

2. During the same period, there were 35,198 animal bite incidents in the capital alone.

3. India accounts for 36% of global rabies deaths, according to the World Health Organization (WHO).

The Court’s intervention comes against this backdrop of escalating public safety hazards and inadequate control measures by municipal bodies.

Also Read: A Complete Guide to Pet Laws for Dog Owners in India

The Supreme Court’s Key Directions

The Court’s order is clear, strict, and time-bound. Here are the main points:

1. Immediate Removal of Stray Dogs from Residential Areas

1. All stray dogs in Delhi, Noida, Ghaziabad, and Gurugram are to be rounded up without exception.

2. The directive applies to both sterilised and unsterilised dogs.

2. Creation of Dedicated Shelters

1. Civic bodies must build dog shelters that are safe, secure, and properly maintained.

2. CCTV surveillance must be installed to prevent escapes.

3. No dog is to be released back into residential areas.

3. Ban on Stray Dog Adoption (for now)

1. No private citizen or NGO can adopt a stray dog during the relocation phase.

2. The Court expressed concern that dogs taken for adoption might be abandoned again.

4. Professional Handling and Veterinary Care

1. Shelters must have trained dog handlers, veterinarians, and vaccination facilities.

2. Sterilisation and rabies immunisation should be carried out systematically.

5. Strict Action Against Obstruction

• Any person or organisation obstructing the relocation process will face contempt of court proceedings.

6. Rabies Vaccine Availability and Transparency

• The Delhi government must publish monthly data on:

  1. Rabies vaccine stock

  2. Locations where vaccines are available

  3. Number of people treated

7. Public Reporting Mechanism

• Authorities must start a helpline for reporting dog bite cases.

Legal Foundation of the Order

The Supreme Court’s decision draws from several legal provisions:

1. Article 21 of the Constitution of India – Right to life includes the right to live in a safe and secure environment.

2. Municipal Laws – Local bodies have a statutory duty to ensure public health and safety.

3. Precedents in Animal Control – Earlier judgments have allowed municipal corporations to carry out sterilisation and relocation for public safety.

While the Prevention of Cruelty to Animals Act, 1960 and Animal Birth Control (Dogs) Rules, 2001 focus on humane treatment, the Court emphasised that public safety must take precedence in emergency situations.

Public Health Crisis: The Rabies Threat

Rabies is one of the deadliest viral diseases known to humans. It is almost always fatal once symptoms appear. In India:

1. 60,000+ people die globally every year due to rabies.

2. Over 20,000 of these deaths occur in India alone.

3. 90% of human rabies cases in India are caused by dog bites.

The Court noted that rabies prevention through vaccination is non-negotiable. Vaccination drives for both dogs and humans must be conducted in parallel with relocation.

Civic Authorities’ Responsibilities

The order places direct responsibility on local bodies like:

1. Municipal Corporation of Delhi (MCD)

2. New Delhi Municipal Council (NDMC)

3. Noida Authority

4. Ghaziabad Municipal Corporation

5. Gurugram Municipal Corporation

These bodies must:

1. Identify high-risk areas first.

2. Mobilise dog-catching teams.

3. Coordinate with shelter builders and veterinary service providers.

4. Keep the Court updated on progress and challenges.

Challenges in Implementation

While the order is strong, it is not without challenges:

1. Infrastructure Gaps

• Delhi-NCR does not currently have enough fully equipped dog shelters to house thousands of strays.

2. Staffing and Training

• Handling large numbers of dogs requires trained handlers and veterinarians.

3. Funding

• Building shelters, maintaining them, and running vaccination drives require significant budget allocations.

4. Opposition from Animal Rights Groups

1. Some NGOs may challenge the order, citing animal welfare laws.

2. The Court has already stated that it will not entertain such petitions for now.

5. Public Awareness

• Citizens must be informed about why dogs are being relocated to avoid misinformation.

Animal Welfare Perspective

While the order prioritises human safety, it also ensures basic welfare standards for the dogs:

1. Proper shelter space

2. Nutritious food

3. Medical care

4. Sterilisation and vaccination

The Court has stressed that humane treatment must be maintained throughout the process.

Impact on Delhi-NCR Residents

The order’s immediate effect will likely be a noticeable reduction in stray dog presence in public spaces, especially in:

1. Residential colonies

2. School zones

3. Markets and parks

Residents can expect:

1. Fewer dog bite incidents

2. Reduced rabies risk

3. Greater sense of safety for children and elderly citizens

Long-Term Policy Implications

This case could set a precedent for other Indian cities struggling with stray dog overpopulation. Possible future policy changes include:

1. Nationwide shelter-based dog management

2. Mandatory dog registration and tagging

3. Regular vaccination reporting

4. Integration of animal control into urban planning

Possible Timeline for Execution

While the Court has not specified an exact deadline, the tone of the order suggests immediate action is expected.
A realistic phased plan could be:

1. Weeks 1–2:

   1. Identify vulnerable areas.

   2. Deploy dog-catching teams.

   3. Begin shelter construction in parallel.

2. Weeks 3–8:

   1. Relocate majority of dogs.

   2. Start sterilisation and vaccination inside shelters.

3. Months 3–6:

   1. Monitor shelter conditions.

   2. Publish public health impact reports.

Conclusion

The Supreme Court’s order to shift all stray dogs in Delhi-NCR to shelters marks a historic moment in India’s public safety and animal management policies. While the move addresses urgent public health concerns like rabies and dog attacks, it also challenges civic authorities to create sustainable, humane solutions for urban animal populations.

This is not merely a law-and-order step; it’s a public health intervention that, if executed well, could save lives, reduce fear, and set a benchmark for urban governance across India.

Also Read: Supreme Court to Decide: Will Law Degrees in India Become Shorter and More Affordable?

Background: Why the Bar Council Issued the Warning

The BCD’s notice comes amid a growing trend of "self-styled legal influencers"—lawyers actively promoting their services through Instagram reels, YouTube videos, LinkedIn posts, and even TikTok-style short clips.

The Official Concern

The council noted that many advocates were creating videos, posting photos, giving interviews, and circulating promotional materials to attract clients. This includes:

1. Announcing case victories with client details.

2. Offering “free legal advice” as a teaser for paid services.

3. Posting photos from court premises to imply expertise.

According to BCD Chairman Surya Prakash Khatri, this not only breaches professional ethics but also risks misleading the public, especially when shared by those without proper credentials.

Also Read: How to Become a Lawyer in India: A Comprehensive Guide

The Legal Framework Behind the Ban

The warning is backed by existing laws and professional conduct rules.

Advocates Act, 1961

• Section 49(1)(c) empowers the Bar Council of India (BCI) to set rules on professional conduct and etiquette.

Rule 36 of the BCI Rules

This is the main clause prohibiting advertisements by lawyers. It states:

“An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, or by furnishing or inspiring newspaper comments or producing photographs to be published in connection with cases in which he has been engaged or concerned.”

Section 35 of the Advocates Act

1. If a lawyer violates these rules, it is treated as professional misconduct.

2. Punishments include reprimand, suspension, or removal from the roll of advocates.

Also Read: Supreme Court Mandates Three Years of Legal Practice for Judicial Service Eligibility: A Complete Guide

Why This Rule Exists: The Ethical Perspective

Historically, the legal profession in India is regarded as a noble calling, not a trade.

1. The primary aim is to serve justice, not sell services.

2. Advertising is seen as cheapening the profession and creating a marketplace approach to legal services.

The concern is that aggressive advertising can:

1. Mislead vulnerable clients.

2. Promote lawyers based on marketing skills rather than competence.

3. Trigger unhealthy competition that erodes professional dignity.

The Social Media Grey Area

While the law is clear about direct advertising, the digital era complicates enforcement.

What Counts as Advertising Today?

1. Posting case results with names or details = Advertising.

2. Sharing contact info with “DM for legal help” = Advertising.

3. Educational video on “How to file for divorce” without client solicitation = Usually allowed.

The Blurred Line

A lawyer may claim to “educate” the public, but if the content repeatedly directs viewers to hire their services, it crosses into prohibited territory.

Also Read: Top Ten Criminal Lawyers In India

BCD’s Warning: The Key Takeaways

The August 4, 2025 notice specifically states:

1. Remove any promotional social media content immediately.

2. Failure to comply will trigger disciplinary action under Section 35.

3. Suspension or cancellation of license is possible for repeat offenders.

Past Incidents That Shaped This Decision

Case 1: Promotional Video with Celebrity Endorsement

1. A high-profile law firm created a video featuring a Bollywood actor endorsing their services.

2. The BCI deemed it a direct violation of Rule 36.

Case 2: Filming Inside Court Premises

1. Supreme Court Advocates-on-Record Association (SCAORA) complained about lawyers making video reels inside high-security court areas.

2. This was viewed as a serious breach of decorum and security.

Global Perspective: How Other Countries Handle Legal Advertising

United States

1. Lawyer advertising is allowed but must be truthful.

2. Landmark case: Bates v. State Bar of Arizona (1977) allowed lawyer ads as protected commercial speech.

United Kingdom

• Regulated advertising is permitted under Solicitors Regulation Authority (SRA) rules.

Australia & Singapore

• Lawyers can advertise but must avoid misleading claims and breach of confidentiality.

India’s approach remains one of the strictest in the world.

Impact on Young Lawyers

The Challenge

1. Young lawyers without a strong network rely on digital platforms to reach clients.

2. Without advertising, building a client base may take years.

The Disadvantage Gap

1. Big firms have brand recognition, media mentions, and networking power.

2. Solo practitioners are left with fewer ethical avenues to promote themselves.

What Lawyers Can Still Do (Permitted Activities)

The 2008 BCI Notification allows lawyers to have websites with:

1. Name and contact details.

2. Qualifications and experience.

3. Areas of practice.

4. Bar enrollment information.

Safe digital activities include:

1. Writing blogs or articles.

2. Speaking at webinars without direct solicitation.

3. Publishing legal updates without inviting paid work.

Penalties for Violations

If a lawyer ignores the warning:

• First Offense: Notice from BCD, removal of content.

• Repeat Offense: Suspension of license.

• Serious Breach: Permanent removal from Bar rolls.

Recommendations for Reform

Experts suggest India should consider:

1. Clearer guidelines separating education from solicitation.

2. Platform-specific rules for LinkedIn, YouTube, Instagram, etc.

3. Transparency norms—allow ads if they are fact-based and carry disclaimers.

How Lawyers Can Ethically Use Social Media

Here are 5 tips for staying compliant:

1. Focus on education – Share legal knowledge without pushing your services.

2. Avoid superlatives – Don’t claim to be “India’s No.1 divorce lawyer.”

3. Respect confidentiality – Never share client details without consent.

4. No direct solicitation – Avoid “Call me today for a free consultation.”

5. Stay factual – Back your posts with legal references.

The Future of Lawyer Advertising in India

As more clients search for lawyers online, pressure to modernize rules will grow.

1. The challenge: Balance professional ethics with digital visibility.

2. Possible solution: Limited regulated advertising, focusing on transparency.

Conclusion: Walking the Fine Line

The Bar Council of Delhi’s warning is not just about social media—it’s about preserving the dignity of the legal profession while adapting to a new digital reality.

For now, Indian lawyers must be extremely careful with their online presence. Educational content is welcome, self-promotion is not—and the difference is often judged by intention and presentation.

The debate on whether these rules should evolve will continue. Until then, every lawyer active on social media must remember: One wrong post could cost you your license.

Also Read: Know All About The Service Agreement

What is a Breach of Contract?

A contract is a legally binding agreement between two or more parties. Under Section 2(h) of the Indian Contract Act, 1872, a contract is defined as “an agreement enforceable by law.” It generally includes essential elements such as:

1. Offer and acceptance

2. Lawful consideration

3. Capacity of parties

4. Free consent

5. Lawful object

A breach of contract occurs when one party fails to fulfill the promises made in the contract without lawful excuse. The failure could be:

1. Total non-performance

2. Delay in performance

3. Defective performance

Example: If A agrees to sell 100 chairs to B by August 1st, but fails to deliver, A has breached the contract.

In such cases, the aggrieved party is entitled to remedies such as compensation, specific performance, or rescission.

Also Read: How Well-Drafted Contracts Help Avoid Costly Legal Penalties and Disputes for Businesses

What is a Breach of Trust?

A trust is a fiduciary relationship in which one person (the trustee) holds property, funds, or confidential information for the benefit of another (the beneficiary). It is governed by honesty, loyalty, and good faith.

A breach of trust occurs when the trustee:

1. Uses the entrusted asset for personal benefit

2. Acts contrary to the trust deed

3. Fails to act in the best interest of the beneficiary

Example: If an employee is given ₹5 lakh for business purchases and uses the money to pay off a personal loan, it constitutes a breach of trust.

This breach is not merely a civil issue — it may attract criminal liability under the Bharatiya Nyaya Sanhita (BNS), 2023.

Also Read: All You Need to Know About Online Contracts in 2025

Legal Framework for Breach of Trust in India

Civil Law:

• Under Indian trust laws and equitable principles, the court may order:

  1. Restitution of misused property

  2. Compensation to the beneficiary

  3. Removal of the trustee

Criminal Law:

1. Criminal breach of trust is covered under:

   1. Section 316 to 320 of the Bharatiya Nyaya Sanhita (BNS), 2023 (earlier IPC Sections 405 to 409)

2. To constitute a criminal breach of trust, there must be:

   1. Entrustment of property

   2. Dishonest conversion or misuse by the accused

Punishment can include imprisonment (up to 3 or more years) and/or fine, depending on the severity and the nature of the relationship (e.g., employee, agent, public servant).

Also Read: Understanding Breach of Contract: Types, Consequences, and Legal Remedies

Key Differences Between Breach of Contract and Breach of Trust

Although both involve a failure to uphold obligations, their underlying nature, legal remedy, and seriousness vary significantly.

Nature of Relationship

• Breach of Contract: Arises out of a mutual agreement between two or more parties.

• Breach of Trust: Based on a fiduciary relationship where one party is morally and legally bound to act for the benefit of the other.

Type of Duty

• Contract: Duties are defined strictly by the contract — deliver a product, provide a service, or make a payment.

• Trust: The duty is moral and fiduciary — to act in good faith, protect the beneficiary’s interest, and avoid personal gains.

Requirement of Dishonesty

• Breach of Contract: Dishonest intention is not necessary. Even an innocent failure or delay may amount to breach.

• Breach of Trust: Dishonest or fraudulent intention is a key element, especially for criminal liability.

Legal Classification

• Breach of Contract: Always a civil matter.

• Breach of Trust: Can be both civil and criminal, depending on intent and severity.

Legal Provisions

• Contract: Governed by the Indian Contract Act, 1872.

• Trust: Civil provisions are governed by the Indian Trusts Act, 1882; criminal breach of trust is governed by BNS, 2023.

Proof and Burden of Proof

• Contract: Plaintiff must prove:

  1. Existence of a valid contract

  2. Terms and breach

  3. Resulting damages

• Trust: Prosecution must prove:

  1. Entrustment of property

  2. Dishonest misappropriation or misuse

Remedies

Also Read: What Legal Options An Employer Have Against An Employee Who Violated The Notice Period In India

Intent

• Contract: Intent is not mandatory; liability can arise from negligence or oversight.

• Trust: Criminal liability demands dishonest or fraudulent intent.

Scope

• Contract: Wide-ranging — personal, professional, or commercial dealings.

• Trust: Narrow — only where one party is entrusted to act for another’s benefit.

Examples

Breach of Contract:

1. A real estate developer fails to deliver a flat on time.

2. A business fails to pay for goods delivered by a supplier.

Breach of Trust:

1. A lawyer siphons off a client’s funds held in escrow.

2. A treasurer of a charity uses funds for personal luxury.

Illustrative Comparison Table

Also Read: Legal Remedies for Termination of Contracts

Conclusion

In conclusion, breach of contract and breach of trust are two distinct legal concepts rooted in different types of obligations. While breach of contract is a civil wrong based on non-fulfillment of contractual terms, breach of trust involves a deeper ethical and legal failure, often with criminal implications if done dishonestly.

Understanding the nature of these two legal wrongs helps both individuals and businesses protect themselves. Whether you're entering into a contract or entrusting someone with your property or information, it's essential to know the potential legal consequences of a violation.

Being aware of your legal rights and the correct remedies can make all the difference in resolving disputes quickly and justly.

Final Thoughts

When you face a situation where another party has failed in their obligations, identifying whether it is a breach of contract or a breach of trust is crucial. It determines not only the nature of the legal remedy but also the forum where you should file your case — civil or criminal court.

If you're unsure, always consult a legal expert or seek online legal advice from trusted platforms like LegalKart to assess your case and chart the most effective course of action.