Product liability—India—Q&A guide

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Product liability—India—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge in civil proceedings and what is the role of the jury?
  • 3. What are the basic pleadings filed with the court to institute, prosecute and defend the product liability action and what is the sequence and timing for filing them?
  • 4. Are there any pre-filing requirements that must be satisfied before a formal lawsuit may be commenced by the product liability claimant?
  • 5. Are mechanisms available to the parties to seek resolution of a case before a full hearing on the merits?
  • 6. What is the basic trial structure?
  • 7. Are there class, group or other collective action mechanisms available to product liability claimants? Can such actions be brought by representative bodies?
  • 8. How long does it typically take a product liability action to get to the trial stage and what is the duration of a trial?
  • 9. What is the nature and extent of pretrial preservation and disclosure of documents and other evidence? Are there any avenues for pretrial discovery?
  • More...

Product liability—India—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to product liability in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: International Law Affiliates Pasrich & Co—Amir Singh Pasrich; Amit Ranjan Singh; Kshitij Paliwal

1. What is the structure of the civil court system?

India has a unified three-tier judicial structure with 28 states, eight union territories and one national capital territory, and these are further subdivided into over 730 administrative districts. Each district has a district court complex with several courts exercising original civil and criminal jurisdiction with limited appellate jurisdiction. There are 24 high courts at the state and union territory levels (some states have more than one bench and each high court has multiple benches) exercising appellate jurisdiction over the district courts. Most high courts have original civil jurisdiction (allowing claims to be filed or to originate there) for matters over a specified threshold value. The Supreme Court of India exercises appellate jurisdiction over the high courts and original jurisdiction only in certain cases, such as disputes involving state governments or fundamental rights. Most civil claims are accepted subject to payment of ad valorem court fees, but no court fees are payable for consumer cases, which form the bulk of product liability cases in India.

The Consumer Protection Act 2019 (CPA 2019)

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