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

Obscenity & the Indian Law

Sahana ChaudhuriLawLeave a Comment

Obscenity & the Indian Law

The best way to define obscenity is actually to not define it. Not because it would be lewd, overreaching or offensive in diktat but because no one has actually done it. Obscenity changes with time, values, society, popular culture etc. The number of things that have a direct impact on the standards and level of obscenity are many and locking … Read More

Is Hosting a Porn Website Legal in India?

Raj PagariyaLaw5 Comments

Is hosting a Porn Website Legal in India

Out of hundreds of questions that are asked to us via our Facebook Page, E-Mails,  Helpline and Website on a daily basis, the question whether hosting a porn website is legal in India has been one of the most asked questions lately. While some questions sway towards offering services to pornographic websites and uploading content, the law certainly stays the same. … 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

Internet Privacy in India: A socio-legal perspective

Rachiyta JainLawLeave a Comment

Everybody has their own way of defining privacy. In simple words, privacy is the right of an individual to make a personal decision regarding his personal matters secluded from public scrutiny. Often people get confused between privacy and security. They are close cousins but different. With the advent of Internet, a new term called Internet Privacy has come into the … Read More

Where we stand after 15 years of IT Act !!

Rachiyta JainLawLeave a Comment

17th October 2000 marked the beginning of nothing less than a revolution in Indian cyberspace. It was a birth of new era where IT Law came into existence defining boundaries, powers and governing people’s action online. Today as we complete 15 years of this revolution, let’s take a look at how far we have come. Though the act came into … Read More

Bodies Working for Cyber Security: The Cyber Appellate Tribunal

Rachiyta JainCyber Forensics, Cyber Security, LawLeave a Comment

With cyber crime rate on the roll across India, several organisations; both Government and private are working to help combat it.  Along with the knowledge about these happenings it is quite necessary that one knows where to approach. The Department of Electronics and Information Technology (DeitY) recognizes a few such as Cyber Appellate Tribunal, National Informatics Centre and Indian Computer … Read More