Bombay HC denies bail under Section 67A

Raj PagariyaLawLeave a Comment

Bombay HC denies bail under Section 67A

It is a rare sight to see an Indian court convicting an accused under the provisions of the Information Technology Act, 2000. Earlier this year in March 2018, a Judicial Magistrate First Class Court in Purba Medinipur district, West Bengal convicted an accused with five years of imprisonment in a revenge porn case. Considering that most of the offences under the … Read More

Are WhatsApp Group Admins liable for fake news?

Nitish ChandanLaw2 Comments

Recently, WhatsApp has been the centre of attraction of many debates in India. Some calling action from the communication platform and some seeking assistance and accountability. While the pressing reason for this remains the incidents of mob lynching and the spread of hateful/fake/inciteful images, videos, news etc. over chats, new developments are only giving birth to newer challenges for both … Read More

Indian Court Sets Precedent in a Revenge Porn Case

Sahana ChaudhuriLaw6 Comments

Revenge Porn, Indian Law, Cyber Law, India

According to National Crime Records Bureau, there has been an increment of 157% in the number of cases reported for sharing of obscene content on the Internet since 2012. Women have always been the object of crime in India but now the crimes against women are increasing even in the virtual world. Sadly, the legal framework is not adequate yet … Read More

Ethical Hackers in Police Investigation: Is it legal?

Nitish ChandanLaw2 Comments

The number of incidents with the involvement of third parties like ethical hackers, in criminal and civil investigations is on the rise. More than ever now, I have been dealing with such cases of blatant violation of rights of individuals where proper procedures are not followed. Note: This is a special Guest post by Adv. Prashant Mali.  Today, let me talk … Read More

The Indian Data Protection & Privacy Law: Rights I should have

Raj PagariyaLaw2 Comments

The Indian Data Protection & Privacy law- Rights I should have

The Advocate-General of India, Mr. Mukul Rohatgi has recently stated in his submissions to the honorable Supreme Court that the Government is working on a Data Protection & Privacy Law. The AG also said that TRAI has already started drafting this framework. The Government is expecting to enact it by Diwali. Privacy and protection of data are two of the … Read More

Sent an obscene photo on a WhatsApp group?

Nitish ChandanLaw2 Comments

I’ve been struck with question about obscene content so many times that I feel writing about it is the best solution. I want to analyze this question on two different levels: Moral and Legal. We’ve come across cases where girls and guys have sent their private intimate pictures on WhatsApp groups “by mistake”. The very fact that they were meant … Read More

IT Act is a special provision, so special effect

Nitish ChandanLawLeave a Comment

On December 12th 2016, In Sharat Babu Digumarti vs. Govt. of NCT [Judgment from LiveLaw], the Supreme Court heard claims of both the parties regarding a wide variety of issues. The main portion relevant for this post is with reference to the dispute between IT Act and the IPC. The Attorney General’s opinion was also taken by the Hon’ble court … Read More

Not possible to ban sardar jokes, but criminally punishable

Nitish ChandanLaw1 Comment

In 2015, A two judge bench of the Hon’ble apex court headed by Ex-Chief Justice T.S. Thakur had agreed to hear a PIL seeking ban on jokes against the Sardar community. In the list of contentions drawn out by Shiromani Gurudwara Prabandhak Committee (SGPC), things like “racial profiling” and “bullying/ragging” were highlighted. The PIL was filed seeking a ban on … Read More

Right to be forgotten surfaces in India

Nitish ChandanLaw1 Comment

The Right to be forgotten as the name suggests is a right that enables people to have something about them be forgotten. Alternatively, to be removed from the public domain. There could so much information about you on the Internet. Not all of it of course you would love. But this right would not mean that you are going to … Read More

Advocate Prashant Mali to represent India in the famous IVLP program

Nitish ChandanCyber SecurityLeave a Comment

Adv. Prashant Mali will be a part of the IVLP (International Visitors Leadership Program) which is one of the most premier professional exchange programs in the world. The program that he will attend will be focused on the topic “Linking Digital Policy to Cyber Crime Enforcement”. As part of this program Mr. Mali would be spending around 18 days in USA ie. … Read More