Civil and Commercial Matters

Civil disputes are governed mainly by the Code of Civil Procedure, 1908. Commercial disputes of the specified value, presently ₹3 lakh or more, are governed by the Commercial Courts Act, 2015.

Civil suits

Commercial disputes

Under the Commercial Courts Act, 2015, a commercial suit that does not contemplate urgent interim relief must be preceded by pre-institution mediation (Section 12A). The mediation is to be completed within three months, extendable by two months with the consent of the parties, and the period is excluded in computing limitation. The Act also provides for case management hearings and strict time limits for pleadings.

Defamation

Defamation can be pursued as a civil suit for damages and injunction, or as a criminal complaint under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 499 and 500 IPC). Section 356 applies to publications on or after 1 July 2024; the IPC continues to govern earlier publications. The civil and criminal remedies are independent of each other. A civil claim is subject to limitation, and an injunction requires a strong prima facie case, irreparable injury and balance of convenience.

Related practice areas

Last reviewed: October 2026

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