Advocate Prakhar Gupta

In a landscape where matrimonial bonds are traditionally viewed as unbreakable, the discourse surrounding Marital Rape in India is finally shifting from hushed whispers to the courtroom. At the chambers of Advocate Prakhar Gupta, we recognize that legal protection shouldn't stop at the doorstep of a home. As an advocate in Kota, Prakhar Gupta and his team at Arm's Length Legal are dedicated to providing a robust legal voice to those navigating the complexities of non-consensual acts within marriage. Whether you require a specialized marital divorce attorney or a seasoned criminal lawyer in Kota to represent you before the District or High Court, our firm offers the strategic depth and empathy needed to handle these sensitive matters with the utmost confidentiality. Defining the Legal Boundaries: Sexual Consent in Marriage What is Marital Rape? In essence, marital rape is defined as any sexual act performed by a spouse without the valid consent of the partner. While the global c...

The impounding of a car or bike by law enforcement is a stressful event. Whether the seizure stems from a minor traffic oversight or a complex criminal investigation, the process to retrieve your property is strictly governed by Indian statutes. As Advocate Prakhar Gupta in Kota emphasizes that awareness of the law is your best defense against procedural delays or unauthorized settlements. This guide outlines the legal framework and the steps necessary to secure the release of your vehicle. Statutory Powers: The Law Behind Vehicle Impounding The authority to take custody of a motor vehicle is not arbitrary. It is derived from specific legislation: The Motor Vehicles Act, 1988: Primary law for traffic-related enforcement. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The new procedural code for criminal matters. Special Acts: Laws like the NDPS Act (for drugs) or the Bharatiya Nyaya Sanhita (BNS) for criminal offenses. The objective of seizure is usually preservation—keeping the veh...

The Indian Constitution functions as a shield for every person within its borders, ensuring equality and legal protection. This shield does not vanish upon entering a prison cell. As a Advocate in Kota, Prakhar Gupta emphasizes that prisoners are human beings entitled to dignity, compassion, and basic rights. The judiciary has reinforced this frequently. In the landmark case of State of A.P. Vs. Challa Ramkrishna Reddy, the Supreme Court affirmed that fundamental rights remain intact for prisoners, except where liberty is constitutionally restricted. As Mahatma Gandhi observed, prisons should be environments for rehabilitation and care, rather than mere punishment. Defining the Term: Who Qualifies as a Prisoner? Per the Model Prison Manual 2016, a prisoner is anyone confined under the order of a competent legal authority. This includes: Convicts: Those found guilty of a crime. Undertrials: Individuals awaiting trial (who are legally presumed innocent). In the Indian legal system, ...

In the Indian legal framework, the arrest of an individual is a grave matter that directly impacts their Fundamental Right to life and personal liberty. Whether you are an Indian citizen or a foreign national, the Constitution of India and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which has succeeded the old Code of Criminal Procedure (CrPC)—provide robust protections against the arbitrary use of police power. If you or a loved one is facing a legal crisis in Rajasthan, consulting an experienced expert like Advocate Prakhar Gupta, an advocate in Kota, can ensure these rights are strictly enforced and your liberty is protected. The Right to Know: Grounds of Arrest The very first protection triggered during an arrest is the "Right to Information." Under Article 22(1) of the Constitution and Section 47 of the BNSS, every arrested person must be informed of the specific grounds for their arrest. Warrant Situations: If the arrest is made under a warrant, the officer must...

The term "F.I.R." is a household name in India, often dramatized in Bollywood blockbusters and news headlines. However, cinematic portrayals frequently gloss over the legal nuances, leaving citizens with a half-baked understanding of their actual rights. Whether you are seeking justice or simply want to be an informed citizen, knowing the mechanics of the First Information Report is essential. In a city like Kota, navigating the legal corridors can be daunting. Seeking guidance from an expert like Advocate Prakhar Gupta, a prominent advocate in Kota, can ensure your rights are protected from the very first step of the criminal justice process. What Exactly is an FIR? F.I.R. stands for First Information Report. It is the earliest document prepared by the police when they receive information about the commission of a "cognizable offense." Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) , 2023 (which replaced the old CrPC), the provision for recording this informat...

In the corporate world, financial transactions rely heavily on the integrity of negotiable instruments. However, when a business transaction falls through due to a dishonored cheque, the legal consequences can be severe for both the entity and its leadership. If you are navigating these complexities, consulting a seasoned advocate in Kota is essential to protect your legal standing. As per Advocate Prakhar Gupta, understanding the nuances of the Negotiable Instruments (NI) Act, 1881, is the first step toward resolution. What Triggers a Cheque Dishonor? A cheque "bounces" when the drawee bank refuses to honor the payment request. While many believe this only happens due to a lack of money, several technical and intentional factors can lead to dishonor: Financial Discrepancies: Insufficient funds or the amount exceeding the bank's credit limit. Technical Flaws: Mismatched signatures, account number errors, or overwriting. Time Constraints: Presenting the instrument after ...

In 2026-2027, the intersection of technology and justice has reached a critical pivot point. As an advocate in Kota, I have observed how digital evidence and algorithmic surveillance are no longer "futuristic" concepts—they are active components of the Indian criminal justice system. While Artificial Intelligence (AI) and Facial Recognition Technology (FRT) offer unprecedented efficiency in solving cold cases and tracking fugitives, they also challenge the very foundations of our constitutional rights. The Evolution of Smart Policing The traditional "detective on the beat" is now supplemented by sophisticated machine learning systems. In law enforcement, AI functions as a force multiplier, processing data at speeds a human analyst never could. Primary AI Applications in Investigations: Algorithmic Crime Mapping: Identifying "hotspots" to optimize patrol routes. Predictive Analytics: Using historical data to forecast potential crimin...

Many victims believe that once money is gone, it is lost forever. However, as an Advocate in Kota, I want to highlight the RBI Circular dated July 6, 2017 , which protects consumers. It establishes a "Burden of Proof " that lies squarely on the bank, not the customer. The 3-Day Rule (Zero Liability) If you report a third-party breach (where neither you nor the bank is at fault) within 3 business days, your liability is ZERO. The bank is mandated to credit the "shadow- reversed" amount back to your account within 10 working days. Provided :  The fraud occurred due to bank negligence. A third-party breach occurred, and you reported it to the bank within 3 business days. The 4-to-7 Day Window (Limited Liability) If you are negligent (e.g., sharing your OTP), you are liable for the loss until you report it. If you report it within 4 to 7 working days, your liability is limited to a pre-determined amount (often ₹5,000 to ₹25,000 depending on account type). Case Study:  H...

As a Law Firm in Kota, we frequently encounter victims of complex digital scams. Understanding these methods is your first line of defense: Phishing: Scammers impersonate banks via fake emails/SMS to steal login credentials. OTP Frauds: Fraudsters pose as delivery agents or bank officials to trick you into sharing your One-Time Password, eventually cloning your device access. UPI Fraud: Misusing the "Request Money" feature where users unintentionally authorize a debit instead of a credit. Fake Identity/AI Fraud: Using AI to spoof voices or using stolen PAN/Aadhar details to open fraudulent accounts. Malware: Malicious software sent via attachments to gain remote access to your systems. Account Takeover: Hackers change your credentials, locking you out of your own bank account. Refund Frauds: Luring victims with fake "order cancellation" refunds to extract OTPs. QR Code Scams: Tricking users into scanning a code to "receive money," which actually debits th...

The Indian banking sector has undergone a seismic shift, moving from the traditional " Brick and Mortar " model to " Click and Portal ." As an Advocate in Kota, I have seen how this has democratized finance—allowing a vegetable vendor at Sabji Mandi to accept payments via the same UPI interface as a multinational firm in Jaipur. As a practicing Lawyer in Kota, I have observed a significant shift in how we handle finances. From street vendors to large corporations, India has embraced a digital-first economy. However, as Advocate Prakhar Gupta, I often see the darker side of this revolution—the rising tide of digital fraud. The Digital Boom:  In the last decade, the relationship between banks and customers has moved from physical ledgers to seamless electronic transfers. Systems like UPI, RTGS, and NEFT have revolutionized convenience. Today, even local hawkers in Kota use QR codes for transactions. India now accounts for nearly 46% of all digital payments globally. W...

How Experienced Criminal Lawyers Handle Complex Bail Cases in Kota When a person is arrested in Kota, securing bail becomes the most urgent priority for the accused and their family. Whether it is a matter in the Kota District & Sessions Court or a specialized matter involving state-wide jurisdictions, the process is often fraught with procedural hurdles. This is where the expertise of a seasoned criminal lawyer in Kota becomes vital. Understanding the Complexity of Bail in Kota Bail is a fundamental right tied to personal liberty, yet Kota courts exercise careful discretion in serious matters. A complex bail case often involves: Serious Offences: Allegations under the IPC/BNS, NDPS Act, or PMLA. Economic Offences: Cases involving financial fraud or organized crime. Multiple Charges: Overlapping FIRs or cross-border allegations. Special Laws: Stricter bail conditions under the POCSO Act or Anti-Corruption laws. For these matters, Advocate Prakhar Gupta combines deep legal research ...