Non-Disclosure Agreement (NDA) in Maharashtra

Yes — NDAs are enforceable as contracts under Section 10 of the Indian Contract Act, 1872. Courts grant injunctions and damages for breach. However, post-employment restrictive covenants must respect Section 27 ICA which voids agreements in restraint of trade — confidentiality survives but non-compete clauses are generally unenforceable post-termination.

Stamp duty on an NDA is nominal in most states — usually ₹100–₹500 on non-judicial stamp paper (covered under the residual “Agreement” article in each state Stamp Act). Maharashtra charges ₹500 under Article 5(h)(B).

Common practice: 3 years post-termination for general confidential information, perpetual for trade secrets and personal data. Indian courts have upheld terms up to 5 years; anything longer for general info risks being read down as unreasonable restraint.

A mutual (bilateral) NDA binds both parties to keep each other’s information confidential — used when both sides share sensitive data. A unilateral (one-way) NDA binds only the receiving party — used when only one side shares, e.g., an employer disclosing to an employee.

Yes, but most tier-1 VCs refuse to sign NDAs at the pitch stage. They will sign once a term sheet is issued. Founders should not share trade secrets pre-NDA; share only the pitch-deck-level narrative.