In May 2025, the Bar Council of India (BCI) officially notified new rules (via the Gazette dated 14 May 2025) allowing foreign lawyers and foreign law firms to practise in India under a regulated framework. These rules require mandatory registration: no foreign lawyer or foreign law firm may advise in India without BCI registration. Registered foreign practitioners may only advise on foreign or international law in non-litigated matters. In practice, this means they can handle cross-border transactional work (e.g. joint ventures, M&A, contract drafting, IP advice, arbitration) but cannot appear in Indian courts, tribunals, or give legal opinions on Indian domestic law. In the words of the Global Legal Post, foreign lawyers will be “strictly confined to non‑litigious areas involving foreign law, international law and arbitration,” and are “categorically prohibited from practising Indian law or appearing before Indian courts”. Similarly, activities such as conveyancing, title searches or preparing pleadings for Indian litigation are expressly forbidden. 

• Permitted Practice Areas: Non-litigation work under foreign or international law only. Examples include advising on foreign law aspects of M&A, joint ventures, international contracts, intellectual property, and representing clients in international arbitrations held in India (provided the arbitration involves non-Indian law). All such work must be on a reciprocal basis, i.e., only if the foreign jurisdiction equally allows Indian lawyers similar access. 
• Prohibited Activities: Any litigation in Indian courts or tribunals; preparing or filing court documents for Indian proceedings; conducting conveyance/title work in India; and generally giving advice on Indian law beyond very limited circumstances. Violation can lead to suspension or cancellation of BCI registration. 
• Fly‑in, Fly‑out Exception: Foreign lawyers may visit India without registration for up to 60 days per year on a “fly‑in, fly‑out” basis, but only to give advice on foreign or international law. In this scenario, they must not establish any fixed office or regular presence, and the engagement must originate from a client (in India or abroad) specifically seeking foreign-law expertise. Importantly, visitors must inform the BCI in advance and disclose client details and the nature of work. Reuters notes that under the new rules, “Any foreign lawyer or law firm shall be required to inform the Bar Council of India before its arrival in India and shall also intimate about the details of the work and its duration of its stay in India”. The total stay cannot exceed 60 days in any 12‑month period. All code-of-ethics rules still apply even to fly‑in lawyers. 
• Registration Term and Renewal: Once approved, registration is valid for five years and must be renewed by applying (with fees) six months before expiry. BCI also requires a security deposit from registrants. 
• Reciprocity and Indian Lawyers: Only lawyers authorised in their home country (“lawyer of primary qualification”) may register. The rules mandate proof of reciprocal treatment – essentially a statement that Indian lawyers would receive equal access in that jurisdiction. Notably, the rules also allow Indian advocates and Indian law firms to register as “foreign lawyers” or “foreign law firms” for purposes of handling foreign-law work, without forfeiting their Indian-practice rights. Indian advocates can work as partners/associates of registered foreign firms on cross-border matters, and foreign firms may engage Indian lawyers for advice on Indian law (though those Indian lawyers still cannot appear in court for the foreign firm).
  

In summary, the new BCI framework (effective immediately from 13 May 2025) opens India’s legal market in a highly regulated, reciprocal manner. Foreign lawyers may advise only on non-Indian law, must register (unless strictly flying in), and must adhere to strict practice limits. Indian lawyers, meanwhile, have the opportunity to advise on foreign and international law in partnership with foreign firms.

Registration Process and Documentation

To lawfully advise under the new regime, foreign lawyers/firms must apply for registration with the BCI under the amended Rules. The process is as follows:

• Application (Form A): File the official application form (“Form A”) as provided in the BCI Rules. The form (to be addressed to the designated BCI officer) must be submitted in duplicate, along with the prescribed registration fee, security deposit and non‑refundable processing charges. Payment may be made via bank transfer (IMPS/NEFT/RTGS/SWIFT) or other modes as specified. 
• Supporting Documents: The application must include detailed supporting documentation. Key items include: 
  • Legal License: A certified copy of the applicant’s authorisation to practise law in their home country (and any other jurisdictions claimed). 
  • Good Standing Certificates: No-Objection Certificates (NOCs) or equivalent from the home jurisdiction’s Bar/Court confirming the lawyer is in good standing, with no pending disciplinary actions. (Similarly, certificates of active practice and fee structures are available in each relevant jurisdiction.) 
  • Reciprocity Proof: A certificate or official statement from the home country authority confirming reciprocal treatment for Indian lawyers (i.e. Indian lawyers may similarly advise under foreign law in that country). 
  • No Criminal Record: A notarised affidavit declaring no criminal convictions or disciplinary findings. 
  • Compliance Undertakings: Declarations undertaking not to practise Indian law or litigate in India, to comply with BCI rules/ethics, and to furnish information as required. 
  • Partnership Details: Information on any collaborations/partnerships with Indian lawyers or foreign law firms, as required by the Rules. 
• Submission: Completed applications may be delivered in person or by courier to the BCI’s Foreign Lawyers desk, emailed to foreignregistration@barcouncilofindia.org or bci.foreign.register@gmail.com, or uploaded via the BCI’s designated online portal. All payment receipts (for fees, deposits, and processing charges) must be attached. The BCI then reviews the submission and will issue a registration certificate (or seek clarifications). 
• Timeline: While the rules do not specify a strict deadline, registration ideally should be sought well before any planned extended work in India. Foreign firms often apply several months in advance. Once granted, a registration number is issued and must be quoted on any submissions. Renewal requires filing a similar application (and fee) six months prior to expiry.
  

Throughout this process, strict compliance is essential. Even after registration, the firm must keep the BCI informed of new offices or personnel in India (e.g. if opening a branch, the office address and lease documents must be submitted). The new rules even require that foreign lawyers inform the BCI before each arrival in India and report on the work and duration of each visit. Failure to comply with these formalities may result in penalties, including suspension or cancellation of registration.

How Legal Desire Can Help Foreign Law Firms

Legal Desire provides comprehensive services to enable foreign law firms to enter India with confidence under the new regime. Our team combines regulatory expertise, legal industry knowledge, and marketing skills. We can assist across all areas. 

Contact us to learn more about our Service Packages & Pricing. We offer three tiers of packages, ranging from basic compliance support to full-service market entry assistance.