Ozg Cybercrime Helpdesk

65B Certification in New Indian Evidence Act (Bharatiya Sakshya Adhiniyam) is replaced with a new section

The old Indian Evidence Act with Section 65B has been replaced with the new Act with Section 63 which states as under.

📛 63. (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.

📛 63. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely —

(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or communication device in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or communication device in the ordinary course of the said activities.

📛 63. (3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether —

(a) in standalone mode; or

(b) on a computer system; or

(d) on a computer resource enabling information creation or providing information processing and storage; or

(e) through an intermediary,

all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.

📛 64. (4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.

📛 65. (5) For the purposes of this section —

(a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).

Additionally, a Schedule has been added with the format of a Certificate to be issued under section 63(4)(c).

Join the OZG Cybercrime Helpdesk Groups to learn more about different cases in this domain. Write email to following email ID with proofs:

*Banking/Financial Frauds*

📬 cybercrime@odfc.co.in

*Non-financial including Sextortion* -

📬 cybercrime@ozg.co.in

LoanApp Harassment and Blackmailing

Are you a victim of LoanApp Harassment and Blackmailing then take the help of OZGiAN.

क्या आप LoanApp Harassment और ब्लैकमेलिंग के शिकार हैं तो ओजियंस की मदद लें।

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Legal Remedy for Sextortion

Legal Remedy for Sextortion & Revenge Porn Case - The first step is to file CIR or FIR at earliest in the nearest police station or cyber cell.

To discuss your case with Ozg Lawyers, please book a tele-appointment at link below.

☎️ ozglaw.com/appointment

📱 WA.me/918779696580

Following Indian Penal Code (IPC) sections and IT Act will be applied -

📌 Extortion (Section 384),

📌 Intentional Insult (Section 504),

📌 Criminal Intimidation (Section 506).

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Cyber Crime - Legal Provision for Women under Indian Penal Code (IPC), 1860 & IT Act, 2000

Internet has brought a great transformation across the world. It has some side effects too, such as financial and gender based crime made the sizeable impact on cyber space too. Due to this cyber crimes against women has been increasing day by day. List of cyber crimes faced by women could be categorized in to following:

- Cyber stalking

- Cyber bullying

- Cyber harassment

- Identity theft

- Breach & violation of privacy/confidentiality

- Voyeurism

- Revenge pornography*

*Revenge pornography, though falling within the ambit of cyber harassment, is one such cyber crime which has seen a lot of discussion of late owing to increased instances of non-consensual pornography.

Here are some of Legal Provisions under IPC, 1860 and IT Act, 2000 for the women victim of cyber crime.

The Indian Penal Code, 1860

Prior to 2013, no law directly dealing with online harassment or crimes pertaining to women in the cyber space. The 2013 Criminal Amendment Act to the Indian Penal Code, 1860 by way of Section 354A to Section 354D

Section 354A: A man committing any of the following acts – a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment, may be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. In case of the first two and with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 354C defines ‘Voyeurism’ as including the act of capturing the image of a woman engaging in a private act, and/or disseminating said image, without her consent. For the act to qualify as ‘Voyeurism’, the circumstances must be such where the woman would “usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator”. A person convicted under this section is liable to be punished with fine as well as imprisonment up to three years on first conviction and seven years on subsequent convictions.

Section 354D introduced a provision for stalking which also covers cyber stalking. Stalking has been defined to mean an act where a man follows or contacts a woman, despite clear indication of disinterest to such contact by the woman, or monitors the cyber activity or use of the Internet or electronic communication of a woman. A man committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be liable to fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.

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Other than the specific amendments that have been made to the Code, there exist certain other provisions under which cyber crimes may be reported or the accused may be charged. These are:-

Section 499: To defame a person is to do an act with the intention of harming the reputation of the person. Defamation by publication of visible representations of an imputation concerning the woman, when done with the intention to harm her reputation, is punishable with imprisonment for a term, which may extend to two years, or with fine, or both.

Section 503: Threats made to any person with injury to her reputation, either in order to cause alarm to her, or to make her change her course of action regarding anything she would otherwise do/not do is punishable as criminal intimidation. The act of blackmailing a person on the internet, as was done in the case mentioned above can be brought within the ambit of this provision.

Section 507: This provision provides the quantum of punishment for Criminal Intimidation when the same is by a person whose identity is not known to the victim. Any anonymous communication, which amounts to criminal intimidation under Section 503 stated above, is punishable under this section.

Section 509: Any person who utters any word or makes any sound or gesture, or exhibits any object with the intention that such word, sound or gesture or object be heard or seen by a woman and insult her modesty, or intrudes a privacy, may be charged under this section and imprisoned for a term that may extend to 3 years and also with fine. Instances of lewd comments or remarks made over the Internet, or other explicit images and content forcibly shared over the web may be penalized under this section.

The Information Technology Act, 2000 as amended by the Information Technology Act, 2008.

Section 66C of the IT Act makes identity theft a punishable offence. Instances of cyber hacking would be covered by this provision. Under this provision, whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

Section 66E of the IT Act deals with the violation of the privacy of a person. Capturing, publishing or transmitting the image of a private area of any person without her consent, under circumstances violating her privacy, is punishable with imprisonment, which may extend to three years, and/or fine.

Section 67 prohibits, and punishes with imprisonment extending up to three years and fine for first conviction and to five years and fine upon second conviction, the publication, transmission and causing of transmission of obscene content. Obscene content has been defined in the same manner as in Section 292 of IPC, and therefore the test of obscenity is to be the same as under that provision

Section 67A makes the publication, transmission or causing of transmission of sexually explicit material punishable with imprisonment extending up to five years and fine for first conviction and to seven years and fine upon second conviction.

Section 67B makes publication/transmission of sexually explicit content depicting children punishable.

- Ozg Cyber Crime Lawyers

Section 66C / 66D, IT Act, 2000 - Cyber Crime - Punishment for Cheating by Personation by using computer resource

Section 66C, IT Act, 2000 - Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

Section 66D, IT Act, 2000 - Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

Case -

“A twenty one year young boy has knocked at the portals of this Court for bail. He is involved in cybercrime. The manner in which the crime has been committed shows the devilish master mindedness, cool thinking, tricks adopted, organised effort and timely execution of plan of the offenders. The intelligence and advanced type of knowledge on cyber seems to have been utilised in a wrong way. Sitting somewhere far from the victim and without having any direct physical access to her, the cybercriminal has caused unimaginable harm to her with touches of his fingers on the computer and stolen more than what an ordinary criminal could have done with gun. The victim of the organised crime appears to be an innocent lady fell into the trap of evil design. With the temptation of getting foreign gifts, she acted like a brainless toy in the hands of the criminals till she realised one day that she had been deceived on a mistaken impression.

The law was set into motion with the presentation of a first information report by Sukanti Mohanty at Cyber Crime Police Station of C.I.D., C.B., Cuttack on the accusation that she had become a victim of organized cybercrime and had paid a sum of Rs.17,03,390/- to different persons through their bank accounts which were provided to her through e-mail/sms /whatsapp. She alleged against one person identifying himself as Frank Young on facebook had sent her a friend’s request which she accepted. The accused informed the informant that he had sent her some gifts which were held up in Delhi from where she should collect the gifts. The informant was asked through a number of calls and e-mails for money on various pretexts i.e. remittance, foreign exchange, transfer etc. The phone calls and sms were received from different numbers and the people who identified themselves as Frank, Marc, security personnel, R.B.I. officials and Airport officials etc. advised and convinced the informant to deposit money in different bank accounts provided by them. The money was paid in four different bank accounts of four different persons by the informant totalling to Rs.17,03,390/-.”

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IN THE HIGH COURT OF ORISSA, CUTTACK

BLAPL NO. 5963 Of 2017

An application under section 439 of the Code of Criminal

Procedure, 1973 in connection with CID C.B. Cyber Crime P.S.

Case No.12 of 2016 corresponding to C.T. Case No.3811 of 2017

pending in the Court of learned S.D.J.M., Bhubaneswar.

—————————–

Obinna Nicodemus Enweka @ Obina Icodemus …….. Petitioner

-Versus-

State of Orissa …….. Opp. For Petitioner Mr. Goutam Mishra For Opp. party – Mr. JanmejayaKatikia Addl. Govt. Advocate

—————————–

P R E S E N T:

THE HONOURABLE MR. JUSTICE S.K. SAHOO

Date of Argument: 14.11.2017

Date of order: 22.11.2017

A twenty one year young boy has knocked at the portals of this Court for bail. He is involved in cybercrime. The manner in which the crime has been committed shows the devilish master mindedness, cool thinking, tricks adopted, organised effort and timely execution of plan of the offenders. The intelligence and advanced type of knowledge on cyber seems to have been utilised in a wrong way. Sitting somewhere far from the victim and without having any direct physical access to her, the cybercriminal has caused unimaginable harm to her with touches of his fingers on the computer and stolen more than what an ordinary criminal could have done with gun. The victim of the organised crime appears to be an innocent lady fell into the trap of evil design. With the temptation of getting foreign gifts, she acted like a brainless toy in the hands of the criminals till she realised one day that she had been deceived on a mistaken impression.

On such first information report, C.I.D.C.B. Cyber Crime P.S. Case No.12 dated 26.08.2016 was registered under sections 419/420/468/471 of the Indian Penal Code and section 66-C/66-D of the Information Technology Act, 2000.

During course of investigation, the informant and other witnesses were examined. The documents relating to deposit of money, accounts statement of the informant’s bank account as well as some other relevant documents were seized. Requisitions under section 91 of Cr.P.C. were sent to the concerned banks to provide A/c opening forms details along with up to date account statement and other necessary information for identification of the account holders. Immediate correspondence were also made with concerned mobile service providers to ascertain the subscriber information as well as call details to ascertain the identity and location of the cell phone numbers which were used in making contact with the informant. While conducting investigating at New Delhi, it was ascertained that large sum of money was deposited in the bank accounts of fraudsters and the same was immediately being transferred to many other bank accounts in smaller amounts by internet banking and soon after that the smaller amounts were withdrawn immediately through ATMs in no time leaving very little or no balance in the beneficiary accounts. The concerned branch managers were requested to debit freeze the beneficiary accounts. On 08.10.2016, the Inspector of Cyber Crime, Goa intimated the investigating officer by e-mail that two Nigerian nationals i.e. the petitioner and another have been arrested on 03.10.2016 by Goa police and during interrogation, it was ascertained that they are involved in a crime in Orissa by defrauding the informant by using two mobile numbers. During verification of the mobile numbers and call records received from the mobile service providers, it appeared that the two mobile numbers are common in Odisha Cyber Crime case and Goa Cyber Crime case. The investigating officer received CDR and CAF in respect of some of the mobile numbers and analyzed them. From the CDR of the mobile phones, it became evident that the fraudster had induced the informant by making telephone call and sms and the two mobile numbers which were used in two IMEIs were seized by the Cybercrime officials of Delhi and Goa. It was ascertained during course of investigation that the petitioner and another co-accused had become friends with the informant through e-mail/sms/whatsapp. Finding sufficient prima facie evidence against the petitioner, charge sheet was submitted on 27.02.2017 against the petitioner and another co-accused under sections 419/420/468/471 of the Indian Penal Code and sections 66-C/66-D of the Information Technology Act keeping the further investigation open under section 173(8) of Cr.P.C.

The petitioner moved an application for bail before the learned Addl. Sessions Judge, Bhubaneswar in Bail Application No.201/904 of 2017 which was rejected vide order dated 02.08.2017.

Mr. Gautam Mishra, learned counsel appearing for the petitioner contended that the petitioner has been unnecessarily victimized and he is in no way involved in the alleged commission of the offences and he has already remained in custody for a substantial period and has undergone tremendous hardship and mental agony and charge sheet has already been submitted. It is further stated by the learned counsel for the petitioner that the petitioner has been granted bail in the Goa case by the J.M.F.C., Mapusa, Goa and he has filed the bail order copy. He further submitted that there is no chance of tampering with the evidence and therefore, the bail application may be favourably considered.

Mr. Janmejaya Katikia, learned Additional Government Advocate on the other hand contended that there is not only sufficient evidence against the petitioner relating to his involvement in the crime but also the further investigation of the case is under progress and once the petitioner is released on bail, there is likelihood of tampering with the evidence. It is further contended that the petitioner is involved in committing similar offences in other States also and therefore, the bail application should be rejected. Learned counsel filed the case records as well as some important documents in a sealed envelope.

Adverting to the contentions raised by the learned counsels for the respective parties and after going through the case records, it appears that there are sufficient prima facie evidence to show that due to inducement of the petitioner, the informant deposited a sum of Rs.17,03,390/- in four accounts, three belonged to S.B.I. and one belonged to Central Bank of India. From the said accounts, the petitioner had transferred money through online account transfer to beneficiary accounts and the accused persons have withdrawn money through ATM leaving a very negligible amount in the account. The maximum withdrawal have been effected using ATM cards and the Branch Managers of the concerned banks such as State Bank of Travancore, State Bank of Mysore, UCO Bank, Union Bank and State Bank of Hyderabad etc. stated that the account holders never visit the branch and have withdrawn money only through ATM. It is evident that the informant has deposited money in four accounts of different persons which are fake due to inducement by the petitioner through online transfer from her accounts and soon after her deposit, the money was transferred through internet banking in smaller amounts to several beneficiary accounts which are in different banks in New Delhi. It further appears that the petitioner visited India in a fake Visa on health ground.

Considering the nature and gravity of the accusation, the nature of supporting evidence, the manner in which the informant has been cheated with a huge amount, the severity of punishment in case of conviction, the reasonable apprehension of tampering with the evidence particularly when the further investigation is under progress and the criminal proclivity of the petitioner, I am not inclined to accept the prayer for bail of the petitioner.

Accordingly, the BLAPL application stands rejected.

…………………………………

Orissa High Court, Cuttac

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Matrimonial Fraud - Cyber Crime - NRI.shaadi.com, jeevansathi.com, matrimony.com etc.

Once the scammer makes a contact with the ‘target’ on matrimonial platform like Shaadi.com, Jeevansathi.com, Matrimony.com, the acquaintance is taken forward on other social media platforms, such as Facebook. Fake accounts are pre-created on multiple social platforms like Facebook, Instagram, Twitter etc. to match their corresponding dating profiles on matrimonial websites.

Having gained the trust of the target, the scammer demands money under the pretext of paying medical bills of a sick parent or on promises of marriage etc. But as soon as the transactions are made, the impostor disappears and becomes untraceable.

How to File a Cyber Crime Complaint in India?

1. The very first step to file a cyber crime complaint is to register a written complaint with the cyber crime cell of the city you are currently in. According to the IT Act, a cyber crime comes under the purview of global jurisdiction. This means that a cyber crime complaint can be registered with any of the cyber cells in India, irrespective of the place where it was originally committed.

At present, most cities in India have a dedicated cyber crime cell.

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2. When filing the cyber crime complaint, you need to provide your name, contact details and address for mailing. You need to address the written complaint to the Head of the Cyber Crime Cell of the city where you are filing the cyber crime complaint.

3. In case you are a victim of online harassment / stalking, an Ozg Legal Counsel can be approached via WhatsApp to assist you with reporting it to the police station. Additionally, you may be asked to provide certain documents or records with the complaint. This would, however, depend on the nature of the crime.

4. Register a Cyber Crime FIR: If you do not have access to any of the cyber cells in India, you can file a First Information Report (FIR) at the local police station. In case your complaint is not accepted there, you can approach to the Commissioner or the city’s Judicial Magistrate.

5. Certain cyber crime offenses come under the Indian Penal Code. You can register a cyber crime FIR at the nearest local police station to report them. It is mandatory under Section 154, Code of Criminal Procedure, for every police officer to record the information / complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

6. Most of the cyber crimes that are covered under the Indian Penal Code are classified as cognizable offenses. A cognizable offense is the one in which a warrant is not required for an arrest or investigation.

In this case, a police officer is bound to record a Zero FIR from the complainant. He must then forward it to the police station under the jurisdiction of the place where the offense was committed.

7. Zero FIR offers some solace to victims of cases that require immediate attention / investigation as it avoids wasting time in enlisting the offense on police records.

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65B Certificate - Cyber Crime Complaint & Evidence

These documents aims to analyses the feasibility and multi-faceted utility of hash value calculation with regards to data integrity and admissibility in courts through application of Information Technology Act, 2000 and Indian Evidence Act, 1872.

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Section 65B of Indian Evidence Act, 1872: Admissibility of Electronic Records

(5) For the purposes of this section

(a) Information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) A computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without any human intervention) by other means of any appropriate equipment.

These are the main points to be considered..

a) Section 65B of Indian Evidence Act refer to the special provisions of the Act in respect of Electronic Documents. Though Section 65 is referring to “Secondary” documents in paper form, there is no such distinction made as to the electronic document.

b) There is no need to distinguish Primary and Secondary and all documents need to be interpreted by a human being which takes the form of a Section 65B certificate.

c) A “Hard disk” which may contain an electronic document also cannot be considered the “Primary Document” since it is only a “Container” and the real Electronic document is an expression in binary language which cannot be read by a human being and needs to be interpreted with the assistance of a binary reading device

d) Section 65B explains the conditions under which an electronic document can be considered as “Admissible” in a Court as a “Document” and it needs to be suitably confirmed for the Court to accept the document, which is often termed as “Section 65B certificate or Statement”

e) Section 65B refers to a process of producing a “Computer Output” of the electronic document which is the evidence to be admitted and such computer output can be either in the form of a “Print Out” or a “Copy”.

f) There is a “Process” by which the electronic document becomes the “Computer output” and Section 65B identifies this as the subject activity which needs to be conducted by a person having lawful control over the computer producing such output and that during the period of such production, the Computer should be working properly etc.

g) The focus of Section 65B is the activity of conversion of the electronic document residing inside a system which can be seen by an observer into a “Computer Output”.

h) The other clarifications contained in the Section 65B such as that the Computer Output could be produced by a combination of computers, acting in succession etc. as relating to dynamic creation of an electronic document from a data base and routing it through multiple devices onto a final visible form in the computer of the observer and thereafter its porting into a Printer.

It is very important that the legal fraternity and the Judiciary interprets the section properly. Any interpretation that only a “Server Administrator” can provide a certificate under Section 65B is considered incorrect. The server administrator can however provide the certificate but it is not mandatory. The Section 65B certifier is like a photographer who captures a photograph of an event and confirms the process of taking the photograph though he may not be aware of who is there in the picture and what they are doing. It is left to other “Experts” to interpret the “Content” and impute meaning as only a subject matter expert can do.

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Cyber Crime Law in India

Cyber Law is the law regarding Information-technology including computers and internet. It is related to legal informatics and supervises the digital circulation of information, software, information security and e-commerce.

IT law does not consist a separate area of law rather it encloses aspects of contract, intellectual property, privacy and data protection laws. Intellectual property is a key element of IT law. The area of software licence is controversial and still evolving in Europe and elsewhere.

According to Ministry of Electronic and Information Technology, Government of India :

Cyber Laws yields legal recognition to electronic documents and a structure to support e-filing and e-commerce transactions and also provides a legal structure to reduce, check cyber crimes.

Importance of Cyber Law:

It covers all transaction over internet.

It keeps eyes on all activities over internet.

It touches every action and every reaction in cyberspace.

Area of Cyber Law:

Cyber laws contain different types of purposes. Some laws create rules for how individuals and companies may use computers and the internet while some laws protect people from becoming the victims of crime through unscrupulous activities on the internet.

The major areas of cyber law include:

Fraud:

Consumers depend on cyber laws to protect them from online fraud. Laws are made to prevent identity theft, credit card theft and other financial crimes that happen online. A person who commits identity theft may face confederate or state criminal charges. They might also encounter a civil action brought by a victim. Cyber lawyers work to both defend and prosecute against allegations of fraud using the internet.

The internet has made copyright violations easier. In early days of online communication, copyright violations was too easy. Both companies and individuals need lawyers to bring actions to impose copyright protections. Copyright violation is an area of cyber law that protects the rights of individuals and companies to profit from their own creative works.

Defamation:

Several personnel use the internet to speak their mind. When people use the internet to say things that are not true, it can cross the line into defamation. Defamation laws are civil laws that save individuals from fake public statements that can harm a business or someone’s personal reputation. When people use the internet to make statements that violate civil laws, that is called Defamation law.

Harassment and Stalking:

Sometimes online statements can violate criminal laws that forbid harassment and stalking. When a person makes threatening statements again and again about someone else online, there is violation of both civil and criminal laws. Cyber lawyers both prosecute and defend people when stalking occurs using the internet and other forms of electronic communication.

Freedom of Speech:

Freedom of speech is an important area of cyber law. Even though cyber laws forbid certain behaviors online, freedom of speech laws also allow people to speak their minds. Cyber lawyers must advise their clients on the limits of free speech including laws that prohibit obscenity. Cyber lawyers may also defend their clients when there is a debate about whether their actions consist of permissible free speech.

Trade Secrets:

Companies doing businesses online often depend on cyber laws to protect their trade secrets. For example, Google and other online search engines spend lots of time developing the algorithms that produce search results. They also spend a great deal of time developing other features like maps, intelligent assistance and flight search services to name a few. Cyber laws help these companies to take legal action as necessary in order to protect their trade secrets.

Contracts and Employment Law:

Every time you click a button that says you agree to the terms and conditions of using a website, you have used cyber law. There are terms and conditions for every website that are somehow related to privacy concerns.

Network Protocol: Distributed DoS attacks (DDoS): Cyber Crime Lawyer

Distributed denial-of-service attacks (DDoS) are often used to shut down systems and networks. This type of attack uses a network's own communications protocol against it by overwhelming its ability to respond to connection requests. DoS attacks are sometimes carried out simply for malicious reasons or as part of a cyberextortion scheme, but they may also be used to distract the victim organization from some other attack or exploit carried out at the same time.

Cyber Crime, Threat & Insurance

Cyber Crime, Threat & Insurance

Bail Format in India - Code, Law and Practice

Baill Laws in India are described under Section 437, 438, 439 of Code of Criminal Procedure, 1973. A brief description of the aforesaid sections is given hereunder for ready reference:

Section 437 of Code of Criminal Procedure, 1973 contemplates that any person arrested or detained in a non-bail able offence, the Court other than Sessions Court may grant him bail.

Section 438 of Code of Criminal Procedure, 1973 contemplates that the Session Court or the High Court may grant anticipatory bail to a person apprehending arrest.

Section 439 of Code of Criminal Procedure, 1973 contemplates that the Sessions Court or the High Court can grant bail to a person who has been arrested.

Bail laws in India are very complicated as the bail to any accused person is at the discretion of the court which considers the facts of the case, the conduct of the accused, the background of the accused, the law and several other factors. The role of a lawyer in getting bail from the court becomes very important as the accused can be confined to judicial custody if the case is not properly presented and contested before the court by a competent lawyer.

BAIL FORMAT INDIA UNDER SECTION 437 OF CODE OF CRIMINAL PROCEDURE

BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT (give the name of the police station or the Illaka Magistrate where the bail application is being filed)

IN THE MATTER OF

STATE

(Mention the name of the applicant)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has been filed)

Police Station: (Mention the name of the Police Station)

Accused under custody since: (Give the date on which accused has been arrested)

APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail along with his fathers name, address and other details)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant and arrested him in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required, nor any recovery is to be made at the instance of the applicant.

5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when directed.

8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.

10. That the applicant shall not leave India without the previous permission of the Court.

11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.

PRAYER

It is therefore prayed that the court may order for the release of the applicant on bail in the interest of justice.

Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.

APPLICANT

THROUGH

COUNSEL

IMPORTANT TIPS FOR FILING OF BAIL FORMAT INDIA UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE:

The bail format India under Section 437 of the Code of Criminal Procedure is filed before the court of the concerned Magistrate first who is also called the Ilaka Magistrate.

The bail format India under Section 437 of the Code of Criminal Procedure is filed after the arrest of the accused by the police.

The bail format India under Section 437 of Code of Criminal Procedure can be filed by any close relative or Parokar on behalf of the accused if the bail application is being moved when the accused is not before the Court.

The bail format India is also to be signed by the Counsel who is filing the bail format India either through his memo of appearance or power of attorney.

No court fee is to be paid on the bail format India when the accused is in custody.

The details of the FIR, name of the accused, fathers name of the accused should be properly mentioned in the bail format India so that the Jail authorities are able to identify him properly after the release order from the Court.

BAIL FORMAT INDIA UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE FOR ANTICIPATORY BEFORE THE SESSIONS COURT

BEFORE THE DISTRICT AND SESSIONS JUDGE COURT AT (give the name of the District Court where the anticipatory bail application format India is being filed)

IN THE MATTER OF

STATE

(Mention the name of the accused)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has been filed)

Police Station: (Mention the name of the Police Station)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.

5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when directed.

9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.

10. That the applicant shall not leave India without the previous permission of the Court.

11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.

12. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application.

It is therefore prayed that the court may direct the release the applicant on bail in the event of his arrest by the police.

Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.

APPLICANT

THROUGH

COUNSEL

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IMPORTANT TIPS FOR FILING OF BAIL FORMAT INDIA UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE:

The bail format India under Section 438 of the Code of Criminal Procedure is filed before the Sessions Court at first.

The bail format India under Section 438 of the Code of Criminal Procedure is to be signed by the accused or the applicant of the bail.

An affidavit in support of the bail format India is also to be filed along with the main application.

A readable copy of the FIR is also to be filed along with the bail format India.

All relevant documents are also to be filed along with the bail format India by which the applicant is seeking bail from the court.

The bail format India is also to be signed by the Counsel who is filing the bail format India either through his memo of appearance or power of attorney.

The details of the FIR, name of the accused, fathers name of the accused should be properly mentioned in the bail format India so that the said contents are properly mentioned in the judicial records.

ANTICIPATORY BAIL FORMAT INDIA UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE TO BE FILED BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION FOR ANTICIPATORY BAIL BEING DISMISSED BY THE SESSIONS COURT

BEFORE THE HIGH COURT AT (give the name of the High Court where the anticipatory bail application format India is being filed)