Advocate Prakhar Gupta

In our current era of instantaneous digital payments—whether via UPI, NEFT, IMPS, or NACH—funds move in seconds. However, when these transfers fail due to a lack of funds or a breach of account limits, the legal fallout can be immediate and severe. Section 25 of the Payment and Settlement Systems Act, 2007 (PSS Act) criminalizes the dishonor of Electronic Funds Transfers (EFTs). This provision carries penalties identical to cheque bounce cases under Section 138 of the NI Act. However, an accusation is not a conviction. As a seasoned advocate in Kota, Prakhar Gupta specializes in identifying procedural loopholes and substantive defenses to protect clients from criminal liability. Understanding the Charge: The Framework of Section 25 To mount an effective defense, one must first understand the legal components of the accusation. Under Section 25, an offense is deemed committed if: A person initiates an electronic fund transfer from their account. The transaction is not executed because o...

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...