tag:blogger.com,1999:blog-14501450976614538732024-03-18T22:22:43.988-07:00SRD Law NotesLaw Notes for Law students. study materials for BSL,LLB, LLM, and Various Diploma courses. Unknownnoreply@blogger.comBlogger1373125tag:blogger.com,1999:blog-1450145097661453873.post-5583339836978415022023-10-21T00:53:00.003-07:002023-10-21T00:53:17.103-07:00Power to issue directions for interception or monitoring or decryption of any information through any computer resource. (Section 69 IT Act 2000)<p> Power to issue directions for interception or monitoring or decryption of any information through any computer resource.-- </p><p>(1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.</p><p>(2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.</p><p>(3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to--</p><p>(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or</p><p>(b) intercept, monitor, or decrypt the information, as the case may be; or</p><p>(c) provide information stored in computer resource.</p><p>(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section</p><p> (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.</p><div><br /></div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-78373734807634757862023-09-21T02:41:00.007-07:002023-09-21T02:41:59.082-07:00Punishment for Publishing or Transmitting Obscene Material in electronic form <h2 style="text-align: left;"><b>Introduction </b></h2><p> Publishing or transmitting obscene material in electronic form refers to the act of distributing, sharing, or making available explicit or sexually explicit content through digital means such as the Internet, email, social media, or any other electronic communication platform. </p><p> The definition of "obscene material" can vary by jurisdiction, but it generally refers to content that is considered offensive or morally objectionable due to its explicit sexual nature. Laws and regulations surrounding the publication or transmission of obscene material are intended to protect individuals, particularly minors, from exposure to explicit content against their will. In India, such act is punishable under Section 67, Section 67A, and Section 67B of the Information Technology Act,2000.</p><h3 style="text-align: left;"><b>Is it a Crime? </b></h3><p> Of course Yes, publishing or transmitting obscene material, particularly in electronic form, can be considered a crime in many jurisdictions around the world. As above mentioned, in India, such act is punishable under Section Section 67, Section 67A, and Section 67B. Engaging in the distribution of obscene material can lead to criminal charges, fines, imprisonment, civil liability, and other legal consequences let's see in detail...</p><h3 style="text-align: left;"><b>1) Punishment for publishing or transmitting obscene material in electronic form. (Section 67)</b></h3><p> Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.</p><h3 style="text-align: left;"><b>2) Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. (Section 67A)</b></h3><p> According to Section 67A of the said Act, whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.</p><h3 style="text-align: left;"><b> 3) Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. (Section 67B)</b></h3><p> As per Section 66B whoever - (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or</p><p>(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or</p><p>(c) cultivates, entices or induces children to online relationships with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or</p><p>(d) facilitates abusing children online, or</p><p>(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,</p><p>shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:</p><p> Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form--</p><p>(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or</p><p>(ii) which is kept or used for bona fide heritage or religious purposes.</p><p></p><p><b>Explanation-</b>-For the purposes of this section, "children" means a person who has not completed the age of 18 years.</p><h4 style="text-align: left;"><b>See Also...</b></h4><p><b>1 <a href="https://www.blogger.com/blog/post/preview/1450145097661453873/4150774914679913106" target="_blank">What is Cyber Terrorism? Punishment for cyber terrorism (Section 66F)</a></b></p><p><b>2 <a href="https://www.srdlawnotes.com/2023/09/sending-offensive-messages-through.html" target="_blank">Sending offensive messages through communication services, etc (Cyber Law)</a></b></p><p><br /></p><p><b><br /></b></p>Unknownnoreply@blogger.com4tag:blogger.com,1999:blog-1450145097661453873.post-41507749146799131062023-09-21T02:09:00.000-07:002023-09-21T02:09:52.078-07:00What is Cyber Terrorism? Punishment for cyber terrorism (Section 66F)<h3 style="text-align: left;"><b>What is Cyber Terrorism?</b></h3><p><b> </b>Cyberterrorism refers to the use of digital technology and the internet to conduct attacks with the intent of causing significant harm or disruption for ideological, political, religious, or social reasons. These attacks can target computer systems, networks, and information infrastructure, often with the goal of instilling fear, coercion, or achieving a particular agenda. </p><p> The threat of cyber terrorism is taken seriously by governments and organizations worldwide, leading to the development of robust cybersecurity measures and international cooperation to mitigate this risk, In India it is punishable under Section 66F of the Information Technology Act 2000. </p><h3 style="text-align: left;"><b>Punishment for cyber terrorism (Section 66F)</b></h3><p>Asper Section 66F(1) Whoever,-</p><p>(A) with intent to threaten the unity, integrity, security, or sovereignty of India or to strike terror in the people or any section of the people by--</p><p> (i) denying or causing the denial of access to any person authorized to access computer resources; or</p><p> (ii) attempting to penetrate or access a computer resource without authorization or exceeding authorized access; or</p><p> (iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under Section 70; or</p><p> (B) knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offense of cyber terrorism.</p><p></p><p>(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life</p><h4 style="text-align: left;"><b>See Also...</b></h4><p><b>1. <a href="https://www.srdlawnotes.com/2023/09/violation-of-privacy-punishment-for.html" target="_blank">Violation of privacy and punishment for violation of privacy (Cyber Law)</a></b></p><p><b>2. <a href="https://www.srdlawnotes.com/2023/09/cheating-by-personation-by-using.html" target="_blank">Cheating by personation by using computer resources (Section 66D)</a></b></p><p><b>3 </b><b><a href="https://www.srdlawnotes.com/2022/12/secure-electronic-records-and-secure.html" target="_blank">Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</a></b></p><p><b>4 </b><b><a href="https://www.srdlawnotes.com/2022/03/what-is-cybercrime-and-what-are-types.html"> What is Cybercrime? and what are Types of Cyber Crimes</a></b></p><p><b>5 <a href="https://www.srdlawnotes.com/2023/09/tampering-with-computer-source.html" target="_blank">Tampering with computer source Documents (Sec.65 of Infirmation Technology Act 2000)</a></b></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-44586527903272454212023-09-20T03:22:00.001-07:002023-09-20T03:22:10.296-07:00Violation of privacy & Punishment for violation of privacy (Cyber Law)<h2 style="text-align: left;"><b>Violation of privacy</b></h2><p> Violation of privacy refers to any unauthorized or unwarranted intrusion into an individual's personal affairs, communications, or activities, which they have a reasonable expectation to keep private. It is considered a breach of an individual's fundamental right to control and safeguard their personal information and activities from unwanted scrutiny or disclosure by others.</p><p> Violation of privacy in the online world, also known as online privacy breaches, occurs when a person's personal information, communications, or activities are accessed, collected, or shared without their consent. This can happen through various means, including hacking, data breaches, surveillance, or deceptive practices.</p><h3 style="text-align: left;"><b>Here are some common examples of online privacy violations:</b></h3><p><b>A) Data Breaches: </b>When a company or organization's database containing sensitive information is compromised, leading to unauthorized access and potential exposure of personal data.</p><p><b>B) Hacking and Unauthorized Access: </b>Gaining unauthorized access to someone's computer, email account, social media profiles, or other online accounts.</p><p><b>C) Spyware and Malware: </b>Installing malicious software on a person's device to monitor their activities, gather personal information, or control their computer.</p><p><b>D) Phishing: </b>Sending deceptive emails or messages that appear to be from a legitimate source, tricking individuals into revealing personal information like passwords or credit card details.</p><p><b>E) Stalking and Cyberbullying: </b>Unwanted and intrusive monitoring or harassment online, which can involve tracking someone's activities, sending threatening messages, or spreading rumors.</p><p><b>F) Surveillance and Eavesdropping: </b>Illegally monitoring someone's communications, whether it's through wiretapping, recording conversations without consent, or using hidden cameras.</p><p><b>G) Social Media Privacy Settings Violations: </b>Sharing or accessing personal information on social media platforms without the owner's knowledge or consent.</p><p><b>H) Location Tracking: </b>Monitoring someone's physical location through their device's GPS or other location services.</p><p><b>I) Data Mining and Profiling: </b>Collecting and analyzing data from various online sources to create detailed profiles of individuals without their knowledge or consent.</p><p><b>J) Online Tracking and Cookies: </b>Monitoring users' online behavior, often for targeted advertising purposes, without their explicit consent.</p><p></p><p><b>K) Non-consensual Distribution of Intimate Images (Revenge Porn): </b>Sharing intimate photos or videos of someone without their consent, often with the intent to harm or embarrass them.</p><h3 style="text-align: left;"><b>Is it a Crime? </b></h3><p>Yes, Violation of Privacy can be considered a crime. In India, it is punishable under Section 66E of the Information Technology Act 2000. </p><h3 style="text-align: left;"><b>Punishment for violation of privacy (Section 66E IT Act 2000)</b></h3><p> According to Section 66E of the Information Technology Act, 2000 whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.</p><p><b>Explanation.</b>--For the purposes of this section--</p><p>(a) transmit means to electronically send a visual image with the intent that it be viewed by a person or persons;</p><p>(b) capture, with respect to an image, means to videotape, photograph, film or record by any means;</p><p>(c) private area means the naked or undergarment clad genitals, *[pubic area], buttocks or female breast:</p><p>(d) publishes means a reproduction in the printed or electronic form and making it available for public;</p><p>(e) under circumstances violating privacy means circumstances in which a person can have a reasonable expectation that--</p><p>(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or</p><p></p><p>(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.</p><p> Violations of privacy can have significant emotional, psychological, and sometimes legal consequences for the affected individual. Laws and regulations regarding privacy vary by jurisdiction, and they often aim to protect individuals from such infringements and provide avenues for recourse if their privacy is violated.</p><h4 style="text-align: left;"><b>See Also... </b></h4><p><b>1 <a href="https://www.srdlawnotes.com/2023/09/sending-offensive-messages-through.html" target="_blank">Sending offensive messages through communication services, etc (Cyber Law)</a></b></p><p><b>2 <a href="https://www.srdlawnotes.com/2023/09/hacking-with-computer-systems-data.html">Hacking with computer systems, Data Alteration (Section 66 of Information Technology Act 2000)</a></b></p><p><b>3 </b><b><a href="https://www.srdlawnotes.com/2022/12/secure-electronic-records-and-secure.html" target="_blank">Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</a></b></p><p><b>4 </b><b><a href="https://www.srdlawnotes.com/2022/03/what-is-cybercrime-and-what-are-types.html"> What is Cybercrime? and what are Types of Cyber Crimes</a></b></p><p><b>5 <a href="https://www.srdlawnotes.com/2023/09/tampering-with-computer-source.html" target="_blank">Tampering with computer source Documents (Sec.65 of Infirmation Technology Act 2000)</a></b></p>Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-1450145097661453873.post-66508503758010727152023-09-20T02:54:00.002-07:002023-09-20T02:54:13.331-07:00 Cheating by personation by using computer resource (Section 66D)<h2 style="text-align: left;"><b>What is cheating by personation by using computer resources?</b></h2><p> Cheating by personation using computer resources, often referred to simply as "personation" or "impersonation,". It is a form of academic dishonesty where a person pretends to be someone else in order to gain an unfair advantage, typically in an online setting. This is commonly seen in educational contexts, such as online exams or assignments. In the cyber world, criminals do the same thing to gain an unfair advantage. </p><h3 style="text-align: left;"><b>Is it a Crime?</b></h3><p> Yes, Yes cheating by personation using computer resources can be considered a form of cybercrime. It involves fraudulent activities conducted online, which can have legal consequences. The specific legal implications and penalties for this type of behavior can vary depending on the jurisdiction and the severity of the offense. In India Information Technology Act 2000 deals with and provides punishment under Section 66D of the said Act. </p><h3 style="text-align: left;"><b>Punishment for cheating by personation by using computer resources.(Sec. 66D IT Act 2000)</b></h3><p> 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 a fine which may extend to one lakh rupees.</p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-46564860709433247892023-09-18T06:31:00.004-07:002023-09-18T06:31:53.448-07:00 Punishment for identity theft (Section 66C of Information Technology Act 2000)<h2 style="text-align: left;"><b>What is Identity Theft? </b></h2><p> In simple language, Identity theft is a type of crime in which a person's personal information is stolen and used without their consent for fraudulent or criminal purposes. This stolen information can include things like the victim's name, social security number, financial account numbers, credit card information details, and other sensitive details.</p><h3 style="text-align: left;"><b>Here's how identity theft typically occurs:</b></h3><p><b>A) Collection of Information - </b>In this type of crime cyber criminals first obtain personal information through various means. There are various ways to collect sensitive information this can happen through methods like phishing emails, data breaches, stealing physical documents, or even through social engineering tactics.</p><p><b>B) Misuse of Collected Information - </b>The next stage is Misuse of Collected Information cyber criminals/thieves use the stolen information to impersonate the victim. They might open new credit accounts, make purchases, apply for loans, or engage in other financial activities using the victim's identity.</p><p><b>C) Concealing the Crime: </b>The identity thief often takes steps to cover their tracks, making it harder for the victim to realize what has happened and for law enforcement to track them down.</p><p><b>D) Financial and Emotional Damage: </b>The victim may suffer significant financial losses, damage to their credit score, and emotional distress as a result of the identity theft.</p><p><b>E) Resolution and Recovery: </b>In this type of cybercrime Resolving identity theft can be a lengthy and complex process. Victims often need to work with law enforcement, credit agencies, and financial institutions to restore their credit and finances.</p><h3 style="text-align: left;"><b> Punishment for identity theft under IT Act 2000 </b></h3><p> As per Section 66 of The Information Technology Act 2000, whoever, fraudulently or dishonestly makes use of the electronic signature, password, or any other unique identification feature of any other person, <b>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</b>.</p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-5525248663862304142023-09-18T06:04:00.003-07:002023-09-18T06:04:59.542-07:00Dishonestly receiving stolen computer resource or communication device (Cyber Law)<h2 style="text-align: left;">Dishonestly receiving stolen computer resource or communication device<b> </b></h2><p><b>Introduction - </b></p><p> "Dishonestly receiving stolen computer resource or communication device" refers to the act of knowingly acquiring, possessing, or using a computer resource (such as a computer, server, or any related hardware) or a communication device (such as a smartphone, tablet, or other electronic device used for communication) that has been unlawfully taken from its rightful owner or obtained through illegal means.</p><p><b>Is it Crime? </b></p><p>Yes, dishonestly receiving a stolen computer resource or communication device is considered a crime in many jurisdictions. This offense typically falls under various laws related to theft, property crimes, and sometimes specific statutes related to electronic or digital property. In India Information Technology Act 2000 deals with and provides punishment for the same under Section 66B.</p><p><b>Punishment for Dishonestly receiving stolen computer resource or communication device under IT Act 2000 - </b></p><p>According to Section 66B Whoever dishonestly receive or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with<b> imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both</b></p><p><b><br /></b></p><h4 style="text-align: left;"><b>See Also...</b></h4><p><b>1 <a href="https://www.srdlawnotes.com/2023/09/sending-offensive-messages-through.html" target="_blank">Sending offensive messages through communication service, etc (Cyber Law)</a></b></p><p><b>2 <a href="https://www.srdlawnotes.com/2023/09/hacking-with-computer-systems-data.html">Hacking with computer systems , Data Alteration (Section 66 of Information Technology Act 2000)</a></b></p><p><b>3 </b><b><a href="https://www.srdlawnotes.com/2022/12/secure-electronic-records-and-secure.html" target="_blank">Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</a></b></p><p><b>4 </b><b><a href="https://www.srdlawnotes.com/2022/03/what-is-cybercrime-and-what-are-types.html"> What is Cybercrime? and what are Types of Cyber Crimes</a></b></p><p><b>5 <a href="https://www.srdlawnotes.com/2023/09/tampering-with-computer-source.html" target="_blank">Tampering with computer source Documents (Sec.65 of Infirmation Technology Act 2000)</a></b></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-9832755072192803762023-09-13T05:45:00.003-07:002023-09-13T05:45:37.489-07:00Sending offensive messages through communication service, etc (Cyber Law)<p><b>Introduction </b></p><p><b> </b> Sending offensive messages through communication services is a form of online harassment or cyberbullying. It involves using digital platforms Like Gmail, WhatsApp, Facebook, Instagram Twitter, etc. Social Networking Sites or digital platforms to send messages that are intentionally hurtful, threatening, or offensive to another person. This behavior can have negative psychological and emotional effects on the recipient and is generally considered unethical, inappropriate, and, in many cases, illegal. In India Information Technology Act 2000, Section 66 of the said Act provides punishment for such illegal activity.</p><p><b> Sending offensive messages through communication services, etc :</b></p><p><b> </b>We are living in a Digital Era, Now everyone uses mobile phones and new tech Gadgets. But some people misuse of Technology by Sending offensive messages. offensive messages can take various forms, including text messages, emails, instant messages, comments on social media, or other digital communication methods. The content may include derogatory language, threats, hate speech, or other forms of harassment.</p><p><b>Forms of Offensiveness</b></p><p><b> </b> Offensive messages can encompass a wide range of content, including but not limited to:</p><p> - Hate speech targeting a person's race, ethnicity, religion, gender, or other protected characteristics.</p><p> - Insults, name-calling, or derogatory language aimed at demeaning the recipient.</p><p> - Threats of harm or violence, whether physical or psychological.</p><p> - Cyberbullying, which involves repeated, deliberate harassment with the intent to harm.</p><p><b>Legal Consequences : </b></p><p> If Someone Sends offensive messages automatically attracts legal consequences. especially if the messages contain threats, hate speech, or explicit content. Depending on the jurisdiction, it may be considered harassment, stalking, or even a hate crime. Laws regarding online harassment vary by country and state.</p><p> In the Information Technology Act 2000 Sections 66A to 66F has been added to Section 66 prescribing punishment for offences such as obscene electronic message transmissions, identity theft, cheating by impersonation using computer resource, violation of privacy and cyber terrorism.</p><p><b>Punishment for sending offensive messages through communication service, etc. (Section 66A of Information Technology Act 2000) </b>-</p><p> According to said Act if any person who sends, by means of a computer resource or a communication device,</p><p>(a) any information that is grossly offensive or has a menacing character; or</p><p>(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device;</p><p>(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,</p><p>shall be punishable with imprisonment for a term which may extend to three years and with a fine.</p><p><b>Explanation</b>.--For the purposes of this section, the terms "electronic mail" and "electronic mail message" means a message or information created or transmitted or received on a computer, computer system, computer resource, or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.</p><p><b>Conclusion :</b></p><p></p><p> In summary, sending offensive messages through communication services is a harmful and unacceptable behavior. It's essential for individuals to treat others with respect and kindness in online interactions. Information Technology Act 2000 deals with and Provides punishment for such illegal activity under Section 66A.</p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-79623230180850810282023-09-13T04:57:00.005-07:002023-09-13T04:57:50.008-07:00Hacking with computer systems , Data Alteration (Section 66 of Information Technology Act 2000)<h3 style="text-align: left;"><b>Introduction </b></h3><p><b> </b> Hacking with the intent to alter data on computer systems is a serious and unlawful activity. It involves unauthorized access to computer systems or networks with the purpose of modifying, deleting, or manipulating data. This activity can have severe legal, ethical, and security consequences. </p><h3 style="text-align: left;"><b>Hacking with computer systems, Data Alteration - </b></h3><p> Hacking for data alteration refers to gaining unauthorized access to computer systems, networks, or databases with the specific intention of changing, modifying, or manipulating the stored information.</p><h3 style="text-align: left;"><b>The motive behind it :</b></h3><p> Motives for hacking and data alteration can vary. Some individuals may do it for personal gain, such as financial fraud, while others might have political, ideological, or revenge-driven reasons. Regardless of the motive, it is considered illegal.</p><h3 style="text-align: left;"><b>Is it Legal?</b></h3><p> Of course Not! Hacking for data alteration is illegal in most jurisdictions around the world. Unauthorized access to computer systems is a violation of computer crime laws, and altering data without permission is considered a serious offense almost all countries take this type of act seriously and punish criminals according to law. In India Information Technology Act 2000 Provides punishment for such activity in Section 66. </p><p> According to <b>Section 66</b> of the IT Act 2000 (Information Technology Act 2000), if any person, dishonestly or fraudulently, does any act referred to in Section 43, he shall be punishable with imprisonment for a term which may extend to<b> three years</b> or with <b>fine which may extend to five lakh rupees or with both.</b></p><p><b>Explanation.</b>--For the purposes of this section,--</p><p>(a) The word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860);</p><p>(b) The word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).</p><p><br /></p><h3 style="text-align: left;"><b>Consequences of Hacking :</b></h3><p><u> Legal Consequences:</u> If someone of any organization<b> </b>Engage in hacking and data alteration can lead to criminal charges, including but not limited to charges related to unauthorized access, identity theft, fraud, and various computer crimes.</p><p><u>Ethical and Reputational Consequences:</u> All over the world Hacking is regarded as unethical. We can see Individuals and organizations found to be involved in such activities can face reputational damage, loss of trust, and exclusion from professional and social communities.</p><p><u>Security Risks:</u> Nobody likes interface in their personal Private sensitive Data or Documents, Unauthorized data alteration can lead to significant security breaches, potentially exposing sensitive information, financial loss, and damage to an organization's operations.</p><h3 style="text-align: left;"><b>Punishment under IT Act 2000 :</b></h3><p></p><ul style="text-align: left;"><li>Imprisonment for a term that may extend to three years or </li><li>with fine that may extend to five lakh rupees or with both</li></ul><p></p><p><b><br /></b></p><h3 style="text-align: left;"><b>Conclusion </b></h3><p> In summary, hacking for data alteration is a serious criminal activity with significant legal, ethical, and security implications. It is essential for individuals and organizations to prioritize cybersecurity and take appropriate measures to protect against unauthorized access and data manipulation. Section 66 deals with Hacking computer systems and data Alteration and provides punishment for such activity</p><p><b>See Also...</b></p><p><b><a href="https://www.srdlawnotes.com/2023/09/tampering-with-computer-source.html" target="_blank">1. Tampering with computer source Documents (Sec.65 of Information Technology Act 2000)</a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/12/secure-electronic-records-and-secure.html" target="_blank">2 Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</a></b></p><p><b><a href="https://www.srdlawnotes.com/2017/02/the-main-reasons-for-cyber-crimes.html" target="_blank">3 The main Reasons for cyber crimes </a></b></p><p><b><a href="https://www.srdlawnotes.com/2017/02/salient-features-of-information.html" target="_blank">4 Salient Features of The Information Technology Act, 2000</a></b></p><p>5</p>Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-1450145097661453873.post-10160294280818064342023-09-13T04:10:00.003-07:002023-09-13T04:10:22.047-07:00Tampering with computer source Documents (Sec.65 of Infirmation Technology Act 2000)<h3 style="text-align: left;"><b>Introduction - </b></h3><p><b> </b> Tampering with computer source documents refers to the act of intentionally altering or modifying the original source code of a computer program or software. This can have serious consequences and is typically considered a form of unauthorized access or hacking. This activity is typically illegal and unethical, as it can have serious consequences both legally and in terms of computer security</p><h3 style="text-align: left;"><b>Legal Consequences of Tempering with Computer Source Documents</b></h3><p> Tampering with computer source documents is often a violation of copyright and intellectual property laws. The source code of the software is usually protected by copyright, and modifying it without authorization can lead to legal action.</p><p> Depending on the jurisdiction and the specific circumstances, tampering with source code may also constitute computer crimes, such as hacking or unauthorized access, which can result in criminal charges.</p><p><br /></p><h3 style="text-align: left;"><b>Tampering with computer source documents (IT Act 2000)</b></h3><p> According to Section 65 of the Information Technology Act 2000, whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.</p><p><b>Explanation. </b>For the purposes of this section, 'computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of computer resources in any form. </p><p><br /></p><h3 style="text-align: left;"><b>Punishment : </b></h3><p>As above mentioned whoever does such activity is punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or both.</p><p><br /></p><p><b>Conclusion : </b></p><p> Tampering with computer source documents is a serious offense that can have legal, ethical, and security implications. It is essential for individuals and organizations to respect intellectual property rights, follow ethical coding practices, and take measures to protect their source code from unauthorized access and modification. Information Technology Act deals with such activity and provides punishment for such activity. </p><h4 style="text-align: left;"><b>See Also...</b></h4><p><b><a href="https://www.srdlawnotes.com/2022/12/secure-electronic-records-and-secure.html" target="_blank">Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/03/what-is-cybercrime-and-what-are-types.html"> What is Cybercrime? and what are Types of Cyber Crimes</a></b></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-66752987720632544822023-02-07T21:04:00.006-08:002023-02-07T21:04:46.943-08:00What is Summons ? Meaning Definition and Essentials of Valid Summons<p> A summons is a legal document that notifies a defendant that a lawsuit has been filed against them and requires them to appear in court. It is a formal way of informing someone that they are being sued and must appear in court to answer the complaint.</p><h3 style="text-align: left;"><b>Meaning and Definition of Summons - </b></h3><p> The word Summons has not been defined anywhere in this civil procedure code. According to the dictionary meaning A Summons is a document issued from the office of a Court of Justice calling upon the person to whom it is directed to attend before a judge or office of the court for a certain purpose. In short, A summons is a legal document that informs a defendant about a lawsuit filed against them. It requires the defendant to appear in court and respond to the complaint.</p><h3 style="text-align: left;"><b>Essentials of Summons - </b></h3><p><b>Proper Identification: </b>The summons should properly identify the court and the parties involved in the lawsuit.</p><p><b>Correct Address: </b>The summons must be addressed to the defendant, and the address should be accurate and up-to-date.</p><p><b>Service of Process: </b>The summons must be properly served to the defendant, usually by a process server, sheriff, or another authorized individual.</p><p><b>Time Limit:</b> The summons must give the defendant a reasonable amount of time to respond to the complaint, typically 20 to 30 days.</p><p></p><p><b>Signature:</b> The summons should be signed by a court official or authorized representative.Every Summons shall be signed by the judge or such officer appointed by him and shall be sealed with the seal of the court [Rule 1(3)]</p><p>Every summons Shall be accompanied by a plaint or if so permitted by a concise statement thereof (Rule 2)</p><h3 style="text-align: left;"><b>For a Valid Summons - </b></h3><p>a. The summons must contain a direction whether the date is for the settlement of issues only or for the final disposal of the suit (Rule 5).</p><p>b. In cases of summons for final disposal of the suit, the Defendant shall to be directed to produce his witnesses (Rule 8).</p><p>c. The Court must give sufficient time to the defendant to enable him to appear and answer the claim of the Plaintiff on the day (Rule 6).</p><p>d. The shall contain an order to the defendant to produce all documents in his possession or power which he intends to rely on in support of his case (Rule 7).</p><h3 style="text-align: left;"><b>Conclusion -</b></h3><p><b></b>Summons is a Legal Document. As above said a valid summons must be properly addressed, served, and have a reasonable time limit. Summons should also be properly signed by a court official or representative. Failure to respond to a summons may result in a default judgment being entered against the defendant.</p><p><br /></p>Unknownnoreply@blogger.com9tag:blogger.com,1999:blog-1450145097661453873.post-50955529652122683492023-01-16T02:08:00.000-08:002023-01-16T02:08:01.537-08:00 Advantages and disadvantages of legal justice<p> Legal justice is a broad topic which encompasses many different areas of law and the legal systems. Some specific areas of legal justice include criminal law, civil law, and alternative forms of dispute resolution such as mediation and arbitration. There are some advantages and disadvantages also...</p><p><b>What is legal justice? </b></p><p> Before we see the advantages and disadvantages of legal justice let's see what is legal justice, Legal justice refers to the fair and equitable administration of laws and the legal system. Legal Justice encompasses the idea that all individuals should be treated equally under the law and that legal decisions should be made based on facts and evidence, rather than bias or prejudice. That means there must be equality before the law. </p><p> The concept of legal justice also includes the idea that legal proceedings should be conducted in a fair and impartial manner, with the rights of all parties involved being protected. Additionally, legal justice also includes the rehabilitation and reintegration of offenders back into society. </p><p> Legal Justice is a complex system that involves various actors such as the police, courts, lawyers and Judges, probation and parole officers, and correctional facilities to ensure the fair administration of laws and the protection of citizens' rights.</p><p><b>What are the advantages of Legal Justice?</b></p><p><b>1) Uniformity and certainty - </b>Legal justice assures that there is no scope for arbitrary action and even the judges had had to decide according to the declared law of the state. As the law is certain people position their conduct accordingly.</p><p><b>2) Protection of citizens rights:</b> Legal justice ensures that citizens of the state and their rights are protected by providing a fair and impartial system for addressing legal disputes and enforcing laws.g</p><p><b>3) Fair and equitable administration of laws:</b> Legal justice not only protect citizens rights but promotes the fair and equitable application of laws, ensuring that all individuals are treated equally and that legal decisions are based on facts and evidence. In short, Legal Justice assures equality before the law. </p><p><b>4) Deterrence of crime:</b> Legal justice helps to deter crime by holding individuals accountable for their actions and imposing penalties for criminal behavior. It assures the peaceful life of citizens and protects them from injustice. </p><p><b>5) Rehabilitation and reintegration of offenders:</b> One who makes the crime intention and mental health behind it matters, Legal justice promotes rehabilitation and reintegration of offenders back into society, helping to reduce recidivism and improve public safety.</p><p><b>6) Maintenance of social order:</b> It helps to maintain social order by providing a system for resolving conflicts and addressing criminal behavior.</p><p><b>7) Promotion of a sense of security:</b> Legal justice promotes a sense of security among citizens by ensuring that the legal system is able to protect them from harm and address any grievances they may have.</p><p><b>8) Encourages compliance with the laws:</b> Legal justice encourages individuals to comply with laws as they are aware that there are consequences if they break them.</p><p><b>9) Promotes transparency and accountability:</b> Legal justice also promotes transparency and accountability by ensuring that legal proceedings are conducted in a fair and impartial manner and that the actions of legal actors are subject to oversight and review.</p><p><b>What are the disadvantages of Legal Justice?</b></p><p>Like the advantages of legal justice there are some disadvantages Also let's see what are disadvantages of legal justice...</p><p><b>1) Rigidity, Lack of flexibility: </b> The rate of change in society is always more rapid than the rate of change in legal justice. The legal justice system often lacks the flexibility to respond to different types of crimes and offenders, which can lead to one-size-fits-all solutions that are not effective.</p><p><b>2) Cost: </b>It is the harsh truth that most of the time Legal justice is expensive, both for the government and for individuals involved in legal proceedings. This can make it difficult for low-income individuals to access the legal system.</p><p><b>3) Technicalities and formalities:</b> Legal justice is full of Technicalities and formalities. It is difficult to handle ordinary people. It requires special knowledge and skills. </p><p><b>4) Inefficiency:</b> The legal justice system can be slow and inefficient, with legal proceedings taking a long time to resolve and cases becoming bogged down in bureaucracy.</p><p><b>5) Bias:</b> Despite efforts to promote fairness and impartiality, bias can still exist within the legal justice system. This can lead to unequal treatment of different groups of people and undermine public trust in the system.</p><p><b>6) Incarceration:</b> Legal justice heavily relies on incarceration as a form of punishment, which can lead to overcrowding in prisons and can be costly. Moreover, it may not be the most effective form of punishment for some offenders.</p><p><b>7) Inadequate representation: </b>Legal justice can be difficult for individuals who are not represented by a lawyer, particularly those who are low-income or from marginalized communities.</p><p><b>8) Limited rehabilitation:</b> Legal justice system focuses on punishment rather than rehabilitation, which is not always the most effective way to reduce recidivism and improve public safety.</p><p><b>9) Legal justice is complex: </b> legal justice is complex because our society is complex too. Thus to meet the needs of the society we need complex laws.</p><p><b>10) Public perception:</b> The legal justice system is often portrayed in a negative light in the media and in popular culture, which can lead to a lack of public trust and support for the system.</p><p><br /></p>Unknownnoreply@blogger.com11tag:blogger.com,1999:blog-1450145097661453873.post-40607089959620699522023-01-03T00:15:00.006-08:002023-01-03T00:15:44.652-08:00What are the Sources of Law (Jurisprudence)<p><b> </b> There are several sources of law that are used to govern and regulate society. Examples - Custom Law, Legislation, Precedent etc</p><h3 style="text-align: left;"><b>What is Law? </b></h3><p>Before we see what are the sources of law, let's see what is law. In the real sense, Law is a system of rules and regulations that are enforced through social institutions to govern behavior. It shapes politics, economics, and society in numerous ways and serves as a social mediator of relations between people.</p><p>In simple words, Law is made up of a body of rules and regulations that are enforced through social institutions. These rules are created and enforced by governments to regulate behavior and can be enforced through a variety of means, including fines, imprisonment, and other sanctions. The main purpose of the law is to provide a framework for the orderly resolution of conflicts and to protect individuals and society as a whole. There are two main categories of law, civil law and Criminal Law. </p><h3 style="text-align: left;"><b>What are the Sources of Law </b></h3><p> Historical Jurists such as Savigny, Sir Henry Maine, Puchta, etc. believed that law is not made but is found. According to them, the foundation of law lies in the common consciousness of the people that manifests itself in the practices, usages and customs followed by the people. Therefore, for them, customs and usages are the sources of law.</p><p>Sociological Jurists scholars protest against the orthodox conception of law according to which, law emanates from a single authority in the state. They believe that law is taken from many sources and not just one. Ehrlich said that at any given point in time, the center of gravity of legal development lies not in legislation, not in science nor in judicial decisions but in society itself. He propounded the concept of "Living Law". Whoever enacts the law, it will be applied only in society. So society should decide whether we should follow this law or not. Law cannot operate in a vacuum space. Hence there should be a subject and that subject is Society. Society alone makes a law to exist. If society lives, then law to can live in that society. Thus the law emancipated from society.</p><p>Duguit believed that law is not derived from any single source as the basis of law is public service. There need not be any specific authority in a society that has the sole authority to make laws.</p><p><b>According to Sir Salmond sources of Law - </b></p><p>Salmond has done his own classification of sources of law:</p><p><b>Formal Sources: </b>A Formal Source is as that from which rule of law derives its force and validity. The formal source of law is the will of the state as manifested in statutes or decisions of the court and the authority of law proceeds from that.</p><p><b>Material Sources:</b> Material Sources are those from which is derived the matter though not the validity of law and the matter of law may be drawn from all kind of material sources.</p><p><b>Historical Sources:</b> Historical Sources are rules that are subsequently turned into legal principles. Such sources are first found in an Unauthoritative form. Usually, such principles are not allowed by the courts as a matter of right. They operate indirectly and in a mediatory manner.</p><p><b>Legal Sources:</b> Legal Sources are instruments or organs of the state by which legal rules are created for e.g. legislation and custom. They are authoritative in nature and are followed by the courts. They are the gates through which new principles find admittance into the realm of law. Some of the Legal Sources are:</p><p><b>a. Customs -</b></p><p>Salmond Defined custom : "Custom is the embodiment of those principles which have commended themselves to the national conscience as principles of justice and public utility." <b> See <a href="https://www.srdlawnotes.com/2017/01/kinds-of-custom.html" target="_blank">Kinds of Custom</a></b></p><p><b>b. Legislations - </b></p><p>Legislation is considered to be the most important source of law because it is created by elected officials who are accountable to the people they represent.</p><p><b>c. Precedents</b></p><p> Precedent is a legal principle or rule established in a previous legal case that is considered as an authority or guide in deciding subsequent cases involving similar issues or facts.</p><p><b>See Also...</b></p><p><b><a href="https://www.srdlawnotes.com/2022/09/difference-between-legislation-and.html" target="_blank">Difference Between Legislation and Customary Law</a></b></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-56091730867812014822023-01-02T23:11:00.003-08:002023-01-07T01:21:04.312-08:00What is a Precedent and what are the types of Precedents <h3 style="text-align: left;"><b>What is a Precedent - </b></h3><p> Precedent is a legal principle or rule established in a previous legal case that is considered as an authority or guide in deciding subsequent cases involving similar issues or facts. </p><p> In simple words, precedent is the principle of using past court decisions as examples or guides for deciding similar cases that come before a court. Precedent is an important part of the legal system because it helps to ensure consistency and predictability in the law, and it allows courts to build upon previous decisions to continually develop and refine the law.</p><script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-6643778855363156"
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</script><p><br /></p><h3 style="text-align: left;"><b>Types of Precedents</b></h3><p><b>Original Precedent: </b>The precedents which create law.</p><p><b>Declaratory Precedent:</b> Applying the known and established rules of law to the particular facts of the cases arising for decision.</p><p><b>Authoritative Precedent:</b> Judges must follow the precedent whether they approve of it or not. They are classified as Legal Sources.</p><p><b>Persuasive Precedent: </b>Judges are under no obligation to follow but which they will take precedence into consideration and to which they will attach such weight as it seems proper to them. They are classified as Historical Sources. </p><h3 style="text-align: left;"><b>See Also...</b></h3><p><a href="https://www.srdlawnotes.com/2022/12/the-doctrine-of-self-preservation.html" target="_blank"><b>The Doctrine of Self-Preservation </b></a></p><p><b><a href="https://www.srdlawnotes.com/2022/12/doctrine-of-necessity-section-81-of.html" target="_blank">Doctrine of Necessity : Section 81 of the Indian Penal Code</a></b></p><p><br /></p>Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-1450145097661453873.post-10202032031757542522022-12-27T20:35:00.008-08:002022-12-31T23:23:37.145-08:00 When death sentence may be awarded (Indian Penal Code)<h3 style="text-align: left;"><b>What is Death Sentence </b></h3><p>The death sentence is also known as the death penalty. It is a punishment imposed by a court of law on a person who has been convicted of a capital crime. A capital crime is a crime that is punishable by death, and these crimes are typically considered the most serious offenses under the law.</p><h3 style="text-align: left;"><b>In India When a death sentence may be awarded</b></h3><p>The death sentence may be awarded by a competent court under the Indian Penal Code (IPC) in the following cases:</p><p>1) waging war against the Government of India [S. 121];</p><p>2) abetting mutiny actually committed [S. 132.];</p><p>3) giving or fabricating false evidence upon which an innocent person suffers death [S. 194];</p><p>4) murder [S. 302];</p><p>5) murder by a life convict [S. 303] [S. 303 is held unconstitutional];</p><p>6) abetment of suicide of a minor, insane or intoxicated person, if suicide is committed [S. 305];</p><p>7) attempt to murder by a life convict if hurt is caused [S. 307];</p><p>8) kidnapping for ransom [S. 364-A];</p><p>9) dacoity with murder [S. 396].</p><p><br /><script async="" crossorigin="anonymous" src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-6643778855363156"></script>
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</script></p><p><b>1) Waging, or attempting to wage war, or abetting waging of war, against the Government of </b><b>India (Section 121) </b>—</p><p> Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. </p><div><div><b>2) Abetment of mutiny if mutiny is committed in consequence thereof (Section 132) </b>—</div><div><br /></div><div> Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may</div><div>extend to ten years, and shall also be liable to fine.</div></div><div><br /></div><div><div><b> 3) Giving or fabricating false evidence with intent to procure conviction of capital offence (Section 194)</b>—</div><div> </div><div> Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; </div></div><div><br /></div><div><div><b>If an innocent person be thereby convicted and executed </b>— and if an innocent person be convicted</div><div>and executed in consequence of such false evidence, the person who gives such false evidence shall be</div><div>punished either with death or the punishment hereinbefore described.</div></div><div><br /></div><div><div><b>4) Punishment for murder (Section 302)</b> — </div><div> </div><div>Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.</div></div><div><br /></div><div><div><b>5) Punishment for murder by life-convict (Section 303)</b> — </div><div><br /></div><div> Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.</div></div><div><br /></div><div><div> <b>6) Abetment of suicide of child or insane person (Section 305) — </b></div><div><br /></div><div>If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.</div></div><div><br /></div><div><div><b>7) Attempt to murder (Section 307)</b> — </div><div><br /></div><div> Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.</div></div><div><br /></div><div><div><b>8) Kidnapping for ransom, etc (Section 364)</b> —</div><div> </div><div> Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.</div></div><div><br /></div><div><div><b>9) Dacoity with murder (Section 396) —</b></div><div><br /></div><div> If any one of five or more persons, who are conjointly committing dacoity, commit murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.</div></div><div><br /></div><div><br /></div><h3 style="text-align: left;"><b>See Also...</b></h3><div><br /></div><div><a href="https://www.srdlawnotes.com/2022/12/accident-section-80-of-indian-penal-code.html"><b>Accident: Section 80 of the Indian Penal Code </b></a></div>Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-1450145097661453873.post-66650985695917944522022-12-26T03:06:00.008-08:002022-12-26T03:06:57.814-08:00The Doctrine of Self-Preservation <h3 style="text-align: left;"><b>Doctrine of self-preservation</b></h3><p>"Self-preservation" means the preservation of oneself from harm or destruction. Self-preservation which was a concept in International Law has largely been discarded and replaced by the doctrine of necessity. </p><h3 style="text-align: left;"><b>The Doctrine of Preservation</b></h3><p> The doctrine of self-preservation is a legal principle that allows individuals to act in ways that would normally be considered unlawful or unethical in order to protect their own lives or the lives of others. This doctrine is based on the idea that in certain situations, the need to protect oneself or others from harm can justify actions that might otherwise be considered illegal or immoral.</p><p>The doctrine of self-preservation is often invoked in situations of emergency or crisis, where there is a need to act quickly and decisively in order to protect oneself or others from harm. It is also used to justify actions taken by individuals who are trying to defend themselves or others from an immediate threat of harm.</p><p>Like the <b><a href="https://www.srdlawnotes.com/2022/12/doctrine-of-necessity-section-81-of.html" target="_blank">doctrine of necessity</a></b>, the doctrine of self-preservation is not a blanket defense that can be used to justify any action taken in the name of self-protection. It must be shown that the actions taken were necessary and that there was no other reasonable way to protect oneself or others from harm. The doctrine of self-preservation is typically only used in exceptional circumstances and is not intended to be used as a regular excuse for breaking the law.</p><h3 style="text-align: left;"><b>See Also </b></h3><p><b><a href="https://www.srdlawnotes.com/2022/12/accident-section-80-of-indian-penal-code.html" target="_blank">Doctrine of Necessity: Section 81 of the Indian Penal Code</a></b></p><p><br /></p><p><br /></p>Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-1450145097661453873.post-87187231959800715022022-12-26T02:34:00.001-08:002022-12-26T02:34:35.921-08:00Doctrine of Necessity : Section 81 of the Indian Penal Code<p><b>Introduction - </b></p><p> Section 81 of the Indian Penal Code embodies the doctrine of necessity, It states that nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm, normally greater harm, to person or property.</p><h3 style="text-align: left;"><b>Doctrine of Necessity</b></h3><p> The doctrine of necessity is a legal principle that allows individuals to act in ways that would normally be illegal or unethical in order to protect the greater good or prevent greater harm from occurring. This doctrine is based on the idea that in certain situations, the need to prevent greater harm or protect a greater good can justify actions that might otherwise be considered unlawful or immoral. </p><p> The doctrine of necessity is often invoked in situations of emergency or crisis, where there is a need to act quickly and decisively in order to prevent greater harm from occurring. It is also used to justify actions taken by individuals who are trying to protect themselves or others from harm.</p><p></p><p> The doctrine of necessity is not a blanket defense that can be used to justify any action taken under the guise of preventing greater harm. It must be shown that the actions taken were necessary and that there was no other reasonable way to prevent the harm from occurring. The doctrine of necessity is typically only used in exceptional circumstances and is not intended to be used as a regular excuse for breaking the law.</p><h3 style="text-align: left;"><b>Section 81 of the Indian Penal Code - </b></h3><p><b>Act likely to cause harm, but done without criminal intent, and to prevent other harm —</b></p><p> As per Section 80 of the Code, Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.</p><p><b>Explanation </b>—</p><p> It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.</p><p><b>Illustrations</b></p><p>(a) A, the captain of a steam vessel, suddenly, and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C.</p><p>(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of the offence.</p><h3 style="text-align: left;"><b>Objects - </b></h3><p>The principle recognized by Section 81 is based on the well-known maxim <i>necessitas non habet legern</i> (necessity knows no law).</p><h3 style="text-align: left;"><b>Conditions - </b></h3><p>For Section 81 to apply, the following conditions must be fulfilled:</p><p>1) The act must have been done without criminal intention (<b><a href="https://www.srdlawnotes.com/2018/02/what-is-means-rea-and-what-are.html" target="_blank">mens rea</a></b>);</p><p>2) It must have been done in good faith; and</p><p>3) It must have been done in order to prevent or avoid other (greater) harm.</p><h3 style="text-align: left;"><b>R v Dudley and Stephens</b></h3><p> R v Dudley and Stephens is a famous English legal case that involved the doctrine of necessity. The case involved four men who were shipwrecked and stranded on a lifeboat in the middle of the ocean. After several days without food and water, the men decided to kill and eat one of their comrades (Young Boy) in order to survive. They were eventually rescued by a passing ship and charged with murder.</p><p> During the trial, the defendants argued that they were justified in killing and eating their comrade because it was necessary to save their own lives. They argued that the doctrine of necessity applied in their case, as they were facing a situation of extreme necessity and had no other reasonable means of survival.</p><p> The court rejected this argument and found the defendants guilty of murder. The judge stated that the doctrine of necessity could not be used to justify the killing of another person, even in a situation of extreme necessity. The defendants were sentenced to death, but the sentence was later commuted to six months in prison.</p><p> The case of R v Dudley and Stephens is often cited as an example of the limits of the doctrine of necessity, as it demonstrated that the doctrine could not be used to justify the taking of another person's life.</p><h3 style="text-align: left;"><b>See Also...</b></h3><p><b><a href="https://www.srdlawnotes.com/2018/02/what-is-means-rea-and-what-are.html" target="_blank">What is Mens Rea and what are the exceptions to the Doctrine Mens Rea?</a></b></p><p><b><a href="https://www.srdlawnotes.com/2017/03/defamation-under-indian-penal-code.html" target="_blank">Right of Private Defence (Section 96 to 106 IPC): Indian Penal Code 1860</a></b></p><p><br /></p><p><br /></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-77718880081088644542022-12-26T01:40:00.003-08:002022-12-26T01:40:43.466-08:00Accident : Section 80 of the Indian Penal Code <p><b>Introduction - </b></p><p> Accidents may be one of the most common and unfortunate reasons for damages to property, injuries to people and loss of life. Indian Penal Code Section 80 speaks about 'Accident' Section 80 of the Code states that nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.</p><h3 style="text-align: left;"><b>Accident Meaning and Definition - </b></h3><p> An accident is an unforeseen and unintentional event that occurs and causes harm or damage. It is a sudden and unexpected event that happens without anyone intending it to happen. Accidents can range in severity from minor to major, and they can involve people, animals, or property. Accidents can be caused by a variety of factors, such as human error, mechanical failure, natural disasters, or a combination of these factors. The term "accident" is often used to refer to car accidents, but it can also refer to any other type of unexpected and unintended event that causes harm or damage.</p><h3 style="text-align: left;"><b>Accident in doing a lawful act.— </b></h3><p> As per Section 80 of the Indian Penal Code, nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.</p><h4 style="text-align: left;"><b>Illustration</b></h4><p> A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.</p><h4 style="text-align: left;"><b>Conditions - </b></h4><p>For the application of this section, the following conditions must be fulfilled:</p><p>1) The act must be an accident (or misfortune);</p><p>2) It must have been done without criminal intention or knowledge;</p><p>3) It must be lawful, must have been done in a lawful manner and by lawful means; and</p><p>4) It must have been done with proper care and caution.</p><h3 style="text-align: left;"><b>Lawful act, lawful manner and lawful means -</b></h3><p>The section (Section 80) requires "doing of a lawful act in a lawful manner and by lawful means'. All three ingredients should be present so as to enable the doer of the act to claim the benefit of this provision. If the act is not lawful or is not done in a lawful manner or by lawful means, Section 80 has no application and the accused must be held guilty. </p><h3 style="text-align: left;"><b>Proper care and caution</b> - </h3><p> Section 80 requires "proper care and caution". The amount of care and caution should be "reasonable", i.e. must be such as to be taken by a reasonable and prudent man in the circumstances of a particular case.</p><p> Whether the doer of an act had taken proper care and caution must be decided having regard to the facts and circumstances of each case and no rule of universal application can be laid down.</p><p><b>See Also...</b></p><p><a href="https://www.srdlawnotes.com/2022/12/secure-electronic-records-and-secure.html" target="_blank"><b>Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</b></a></p>Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-1450145097661453873.post-89164660398751354732022-12-22T20:17:00.000-08:002022-12-22T20:17:02.266-08:00Secure Electronic Records and Secure Electronic Signature (IT Act 2000)<p> Chapter V of the Information Technology Act 2000 Deals with Secure Electronic Records and Secure Electronic Records. Section 2(t) of the said Acy defines “electronic record” Section 2 (ta) of the Information Technology Act 2000 defines electronic Signature. </p><h3 style="text-align: left;"><b>Electronic record :</b></h3><p> According to Section 2(t) of the Information Technology Act 2000 “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.</p><h3 style="text-align: left;"><b>Electronic Signature: </b></h3><p> According to Section 2(ta) “electronic signature” means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes a digital signature.</p><h3 style="text-align: left;"><b>Secure Electronic Records and Secure Electronic Signature (IT Act 2000)</b></h3><p><b>Secure electronic record.– </b>As per<b> </b>Section 14 of the said Act, where any security procedure has been applied to an electronic record at a specific point of time, then such record shall he deemed to be a secure electronic record from such point of time to the time of verification.</p><p><b>Secure electronic signature.–</b> According to Section 15. An electronic signature shall be deemed to be a secure electronic signature if –</p><p>(i) the signature creation data, at the time of affixing the signature, was under the exclusive control of the signatory and no other person; and </p><p>(ii) the signature creation data was stored and affixed in a such exclusive manner as may be prescribed.</p><p><b>Explanation.– </b>In the case of digital signature, the “signature creation data” means the private key of the subscriber.</p><p><b>Security procedures and practices –</b>The Central Government may, for the purposes of sections 14 and 15, prescribe the security procedures and practices <b>(Section 16)</b>: </p><p> Provided that in prescribing such security procedures and practices, the Central Government shall have regard to the commercial circumstances, nature of transactions, and such other related factors as it may consider appropriate.</p><h3 style="text-align: left;"><b>See Also...</b></h3><div><b>1. <a href="https://www.srdlawnotes.com/2022/12/electronic-signature-certificates.html" target="_blank">Electronic Signature Certificates (Information Technology Act 2000)</a></b></div><div><b><br /></b></div><div><b>2. <a href="https://www.srdlawnotes.com/2022/12/punishment-for-tampering-with-computer.html" target="_blank">Punishment for Tampering with computer source documents and Computer related offenses</a></b></div><div><b><br /></b></div><div><b>3. <a href="https://www.srdlawnotes.com/2022/12/punishment-for-cyber-terrorism.html" target="_blank">Punishment for Cyber Terrorism </a></b></div><div><b><br /></b></div><div><b>4. <a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services</a></b></div><div><br /></div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-59156646542979393922022-12-19T01:50:00.004-08:002022-12-19T01:50:41.245-08:00Difference Between Insurance and Assurance <p> Insurance and assurance are quite similar, but there are thin lines of difference between them, as the insurance provides protection to the holder of the policy, from the incidents that are likely to happen, and they are compensated when the event occurs. On the other hand, assurance covers those incidents whose happening is unquestionable, but their time of occurrence is uncertain. Let's see it in detail...</p><h3 style="text-align: left;"><b>What is Insurance?</b></h3><p> Insurance is a financial product that provides protection against a specific risk or set of risks. For example, car insurance protects against the risk of damage to a vehicle, while health insurance protects against the risk of medical expenses. Insurance is typically purchased by individuals or businesses to protect against potential financial losses that may arise from unexpected events, such as accidents, natural disasters, or illnesses.</p><h3 style="text-align: left;"><b>What is Assurance</b></h3><p> Assurance, on the other hand, is a type of financial product that provides protection against a specific event or outcome. For example, life assurance is a type of insurance that provides financial protection to the policyholder's family in the event of their death. Other types of assurance products include mortgage assurance, which protects against the risk of default on a mortgage, and travel assurance, which protects against the risk of unexpected expenses while traveling.</p><h3 style="text-align: left;"><b>Key Differences Between Insurance and Assurance </b></h3><style>
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<th style="text-align: center;">Insurance</th>
<th style="text-align: center;">Assurance</th>
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<td style="text-align: center;">A contract, which provides cover for an event that can happen but not necessarily, like a flood, theft, fire, etc. is known as insurance.</td>
<td style="text-align: center;">A provision for coverage of an event, whose happening is certain, such as death, is called assurance.</td>
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<td style="text-align: center;"> Insurance is based on the principle of indemnity</td>
<td style="text-align: center;">Assurance is a bit different, which relies on the principle of certainty.</td>
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<td style="text-align: center;">Insurance provides protection against an anticipated event</td>
<td style="text-align: center;">On the other hand, Assurance tends to provide protection against a definite event.</td>
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<td style="text-align: center;">In the case of insurance, the reimbursement of the loss or damage will be paid only on the occurrence of the uncertain event. </td>
<td style="text-align: center;"> Conversely, in assurance, the insurable amount is paid either on the death of the insured or at the maturity of the policy.</td>
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<td style="text-align: center;">The duration of insurance is only one year, in essence, the policy is renewed on the expiry of the term.</td>
<td style="text-align: center;">On the flip side, assurance is for the long term, which operates over a number of years. </td>
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<td style="text-align: center;">Insurance, covers general insurance, i.e. fire insurance, marine insurance or miscellaneous insurance. </td>
<td style="text-align: center;">Assurance covers life insurance, such as whole life insurance, term life insurance, and annuity. </td>
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<td style="text-align: center;">Insurance aims at identifying the insured against any risk. </td>
<td style="text-align: center;">the main purpose of assurance is to assure payment, on the happening of the specified event. </td>
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<td style="text-align: center;">An insurance policy prevents the specified risk or provides protection against it. </td>
<td style="text-align: center;"> the policy is taken against a definite event.</td>
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<td style="text-align: center;">In insurance, the insurer commits to reinstate the insured to his/her previous position; which was occupied before the event took place. </td>
<td style="text-align: center;">In contrast, assurance commits to pay the sum assured, when the event takes place. </td>
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<td style="text-align: center;">In insurance, it is the duty of the insured to pay premiums at regular intervals so as to receive indemnity against risk. </td>
<td style="text-align: center;">As opposed to assurance, in which the insured undertakes timely payment of premium, in return for the benefit, on the happening of the event covered. </td>
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</tbody></table><p style="text-align: center;"><b><br /></b></p><h3 style="text-align: left;"><b>Conclusion</b></h3><p>In summary, insurance and assurance are similar in that they both provide financial protection against specific risks or outcomes. However, insurance is typically used to protect against a range of potential risks, while assurance is typically used to protect against a specific event or outcome.</p><p><br /></p><h3 style="text-align: left;"><b>See Also...</b></h3><p><a href="https://www.srdlawnotes.com/2022/10/what-is-insurance-and-what-are.html" target="_blank"><b>What is Insurance and What are Essential Features of a Contract of Insurance</b></a></p><p><b><a href="https://www.srdlawnotes.com/2019/07/meaning-and-definition-of-premium.html" target="_blank">Meaning and definition of Premium (Insurance Law)</a></b></p><p><a href="http://www.bankboi.com" target="_blank"><b>Read Banking and Finance related Articles on Bankboi.com</b></a></p><p><a href="https://www.srdlawnotes.com/2019/03/distinctiondifference-between.html" target="_blank"><b>Distinction/Difference between shareholders and debenture holders</b></a></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-55829451847961699262022-12-15T19:02:00.000-08:002022-12-15T19:02:04.554-08:00 State Bar Councils : Functions of State Bar Councils<h3 style="text-align: left;"><b>Introdiction - </b></h3><p> The Advocate Act, 1961 is an Indian law that regulates the legal profession in India. It provides for the recognition of Advocates in India and the conditions of their enrolment and practice. It also provides for the constitution of Bar Councils and State Bar Councils and regulates their functions. It also provides for the establishment of the Bar Council of India and defines its powers and functions. The Act is applicable to the whole of India excluding the State of Jammu and Kashmir. Section 3 of the Act provides State Bar councils and Section 6 of the Said Act Prescribes Functions of State Bar councils.</p><h3 style="text-align: left;"><b>S</b><b>tate Bar Council -</b></h3><p>The Advocate Act 1961, Section 3 provides State Bar Councils According to said Section 6 (1) There shall be a Bar Council— </p><p>(a) for each of the States of Andhra Pradesh, Bihar, Gujarat, Jammu and Kashmir, Jharkhand, Madhya Pradesh and Chhattisgarh, Karnataka, Orissa, Rajasthan, Telangana Uttar Pradesh,Uttaranchal, Meghalya, Manipur and Tripura, to be known as the Bar Council of that State;</p><p>(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;</p><p>(c) for the State of Kerala and the Union territory of Lakshadweep to be known as the Bar Council of Kerala; </p><p>(cc) for the State of Tamil Nadu and the Union territory of Pondicherry to be known as the Bar Council of Madras;</p><p>(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;</p><p>(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana;</p><p>(dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;</p><p>(e) for the State of West Bengal and the Union territory of Andaman and Nicobar Islands, to be known as the Bar Council of West Bengal; and</p><p>(f) for the Union territory of Delhi, to be known as the Bar Council of Delhi.</p><p>(2) A State Bar Council shall consist of the following members, namely:―</p><p>(a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh, Mizoram and Nagaland] ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of</p><p>Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio;</p><p>(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:</p><p>Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).</p><div><div>(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in</div><div>such manner as may be prescribed.</div><div><br /></div><div>(3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be:</div><div>Provided that every such person shall continue to carry on the duties of his office until the Chairman or</div><div>the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.</div><div><br /></div><div>(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being</div><div>chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council.</div><div><br /></div><div>(5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.</div><div><br /></div><div>(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any</div><div>State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.</div></div><div><br /></div><h3 style="text-align: left;"><b>Functions of State Bar Councils</b></h3><p>Section 6 of the Advocate Act 1961 Functions of State Bar Councils.―</p><p>(1) The functions of a State Bar Council shall be ―</p><p>(a) to admit persons as advocates on its roll;</p><p>(b) to prepare and maintain such roll;</p><p>(c) to entertain and determine cases of misconduct against advocates on its roll;</p><p>(d) to safeguard the rights, privileges and interests of advocates on its roll;</p><p>(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7; </p><p>(e) to promote and support law reform; </p><p>(ee) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;</p><p>(eee) to organise legal aid to the poor in the prescribed manner; </p><p>(f) to manage and invest the funds of the Bar Council;</p><p>(g) to provide for the election of its members; </p><p>(gg) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;</p><p>(h) to perform all other functions conferred on it by or under this Act;</p><p>(i) to do all other things necessary for discharging the aforesaid functions.</p><p>(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of —</p><p>(a) giving financial assistance to organise welfare schemes for the indigent, disabled or other</p><p>advocates;</p><p>(b) giving legal aid or advice in accordance with the rules made in this behalf;</p><p>(c) establishing law libraries.</p><p>(3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.</p><h3 style="text-align: left;"><b>See Also...</b></h3><p><a href="https://www.srdlawnotes.com/2019/10/legal-aid-eligibility-refusal-of-legal.html" target="_blank"><b>1. Legal Aid: Eligibility, Refusal of legal Aid and mode of Providing Legal Aid</b></a></p><p><a href="https://www.srdlawnotes.com/2017/09/duties-of-advocate-in-court-while.html" target="_blank"><b>2. Duties of an Advocate in the Court while dealing with his case</b></a></p><p><b><a href="https://www.srdlawnotes.com/2017/03/right-of-pre-audience-under-advocate.html" target="_blank">3. Right of Pre-audience under the Advocate Act, 1961</a></b></p><p><a href="https://www.srdlawnotes.com/2017/03/right-to-practice-under-advocate-act.html" target="_blank"><b>4. Right to Practice under the Advocates Act, 1961</b></a></p><p><b>5. <a href="http://www.srdlawnotes.com/2016/03/admission-and-enrolment-of-advocates.html">Admission as an Advocate on a State Roll</a></b></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-86376459138719510422022-12-10T23:30:00.003-08:002022-12-10T23:30:53.507-08:00Electronic Signature Certificates (Information Technology Act 2000)<p> An electronic signature certificate is an electronic document that binds an identity to an electronic signature. It is used to verify the authenticity and validity of an electronic signature. It is issued by a certification authority and contains the signer's public key, name, and other identifying information. Electronic signatures are becoming more widely used as a secure and convenient way to digitally sign documents. Section 2(tb) Defines Electronics Signature Certificate According to Said Section of Information Technology Act 2000 “Electronic Signature Certificate” means an Electronic Signature Certificate issued under section 35 and includes Digital Signature Certificate. </p><div><h3 style="text-align: left;"><b>Certifying authority to issue electronic signature Certificate (Section </b><b>35 of IT Act 2000 </b><b>)– </b></h3><div><br /></div><div> (1) Any person may make an application to the Certifying Authority for the issue of an electronic signature Certificate in such form as may be prescribed by the Central Government.</div><div><br /></div><div> (2) Every such application shall be accompanied by such fee not exceeding twenty-five thousand</div><div>rupees as may be prescribed by the Central Government, to be paid to the Certifying Authority:</div><div><br /></div><div> Provided that while prescribing fees under sub-section (2) different fees may be prescribed for</div><div>different classes of applicants.</div><div><br /></div><div> (3) Every such application shall be accompanied by a certification practice statement or where there is</div><div>no such statement, a statement containing such particulars, as may be specified by regulations.</div><div> </div><div> (4) On receipt of an application under sub-section (1), the Certifying Authority may, after</div><div>consideration of the certification practice statement or the other statement under sub-section (3) and after making such enquiries as it may deem fit, grant the electronic signature Certificate or for reasons to be recorded in writing, reject the application:</div><div><br /></div><div>Provided that no application shall be rejected unless the applicant has been given a reasonable</div><div>the opportunity of showing cause against the proposed rejection.</div><div><br /></div><h3 style="text-align: left;"><b>Representations upon issuance of Digital Signature Certificate (</b><b>Section </b><b>36 of IT Act 2000 </b><b>)</b><b> – </b></h3><div>A Certifying Authority while issuing a Digital Signature Certificate shall certify that –</div><div><br /></div><div> (a) it has complied with the provisions of this Act and the rules and regulations made thereunder;</div><div><br /></div><div> (b) it has published the Digital Signature Certificate or otherwise made it available to such person</div><div>relying on it and the subscriber has accepted it;</div></div><div><br /></div><div><div> (c) the subscriber holds the private key corresponding to the public key, listed in the Digital</div><div>Signature Certificate;</div><div><br /></div><div> (ca) the subscriber holds a private key that is capable of creating a digital signature;</div><div><br /></div><div> (cb) the public key to be listed in the certificate can be used to verify a digital signature affixed by</div><div>the private key held by the subscriber;</div><div><br /></div><div> (d) the subscriber's public key and private key constitute a functioning key pair;</div><div><br /></div><div> (e) the information contained in the Digital Signature Certificate is accurate; and</div><div><br /></div><div> (f) it has no knowledge of any material fact, which if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representations in clauses (a) to (d).</div><div><b><br /></b></div><h3 style="text-align: left;"><b>Suspension of Digital Signature Certificate (</b><b>Section </b><b>37 of IT Act 2000</b><b>) </b><b>– </b></h3><div><br /></div><div> (1) Subject to the provisions of sub-section (2), the Certifying Authority that has issued a Digital Signature Certificate may suspend such Digital Signature Certificate, –</div><div><br /></div><div>(a) on receipt of a request to that effect from–</div><div><br /></div><div> (i) the subscriber listed in the Digital Signature Certificate; or</div><div><br /></div><div> (ii) any person duly authorized to act on behalf of that subscriber;</div><div><br /></div><div>(b) if it is of opinion that the Digital Signature Certificate should be suspended in public interest.</div><div><br /></div><div>(2) A Digital Signature Certificate shall not be suspended for a period exceeding fifteen days unless</div><div>the subscriber has been given an opportunity of being heard in the matter.</div><div><br /></div><div>(3) On suspension of a Digital Signature Certificate under this section, the Certifying Authority shall</div><div>communicate the same to the subscriber.</div><div><b><br /></b></div><h3 style="text-align: left;"><b>Revocation of Digital Signature Certificate (</b><b>Section </b><b>38 of IT Act 2000</b><b>)</b><b> –</b> </h3><div><br /></div><div>(1) A Certifying Authority may revoke a Digital Signature Certificate issued by it –</div><div><br /></div><div>(a) where the subscriber or any other person authorized by him makes a request to that effect; or</div><div><br /></div><div>(b) upon the death of the subscriber; or</div><div><br /></div><div>(c) upon the dissolution of the firm or winding up of the company where the subscriber is a firm</div><div>or a company.</div><div><br /></div><div>(2) Subject to the provisions of sub-section (3) and without prejudice to the provisions of sub-section</div><div><br /></div><div>(1), a Certifying Authority may revoke a Digital Signature Certificate that has been issued by it at any</div><div>time, if it is of opinion that–</div><div><br /></div><div> (a) a material fact represented in the Digital Signature Certificate is false or has been concealed;</div><div><br /></div><div> (b) a requirement for issuance of the Digital Signature Certificate was not satisfied;</div><div><br /></div><div> (c) the Certifying Authority's private key or security system was compromised in a manner</div><div>materially affecting the Digital Signature Certificate's reliability;</div><div><br /></div><div> (d) the subscriber has been declared insolvent or dead or where a subscriber is a firm or a</div><div>company, which has been dissolved, wound-up or otherwise ceased to exist.</div><div><br /></div><div>(3) A Digital Signature Certificate shall not be revoked unless the subscriber has been given an</div><div>opportunity of being heard in the matter.</div><div><br /></div><div>(4) On revocation of a Digital Signature Certificate under this section, the Certifying Authority shall</div><div>communicate the same to the subscriber.</div><div><br /></div><div><b>Notice of suspension or revocation (</b><b>Section </b><b>39 of IT Act 2000</b><b>) </b><b>– </b></div><div><br /></div><div>(1) Where a Digital Signature Certificate is suspended or revoked under section 37 or section 38, the Certifying Authority shall publish a notice of such suspension or revocation, as the case may be, in the repository specified in the Digital Signature Certificate for publication of such notice.</div></div><div><div><br /></div><div>(2) Where one or more repositories are specified, the Certifying Authority shall publish notices of</div><div>such suspension or revocation, as the case may be, in all such repositories.</div></div><div><br /></div><h3 style="text-align: left;"><b>See Also...</b></h3><div><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services, etc</a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services</a></b></p><div><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-publishing-or.html" target="_blank">Punishment for publishing or transmitting material depicting children in sexually explicit act, etc., in electronic form</a></b></p></div><p><a href="https://www.srdlawnotes.com/2022/12/violation-of-privacy-punishment-for.html" target="_blank"><b>Violation of privacy: Punishment for violation of privacy</b></a></p></div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-41968592208779050132022-12-09T05:08:00.007-08:002022-12-10T23:40:14.011-08:00 Punishment for Tampering with computer source documents and Computer related offences<p> Computer-related offenses carry heavy punishments ranging from a fine to life imprisonment depending on the nature of actions. These may involve acts such as a person having unauthorized access to data, altering data, deleting data, or interfering with confidentiality, Like any other Country, in India Computer source documents and computer-related offenses are serious. Information Technology Act 2000 Section 65 and Section 66 provides punishment for such crime. </p><h3 style="text-align: left;"><b> Punishment for Tampering with computer source documents –</b></h3><p> According to Section 65 of the Information Technology Act 2000, whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer program, computer system, or computer network when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.</p><p><b>Explanation </b>– For the purposes of this section, “computer source code” means the listing of programmes, computer commands, design and layout and program analysis of computer resources in any form.</p><h3 style="text-align: left;"><b>Punishment for Computer-related offenses.</b>–</h3><p> As per Section 66 of the said Act, If any person, dishonestly or fraudulently, does any act referred to in Section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.</p><p><b>Explanation</b> – For the purposes of this section,–</p><p> (a) the word “dishonestly” shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860);</p><p> (b) the word “fraudulently” shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).</p><h3 style="text-align: left;"><b>Conclusion - </b></h3><p>Tampering with computer source documents, or tampering with data, is a serious offence that can have serious consequences. IT Act 2000 provides punishment for this type of crime. </p><h3 style="text-align: left;"><b>See Also...</b></h3><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services, etc</a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services</a></b></p><div><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-publishing-or.html" target="_blank">Punishment for publishing or transmitting material depicting children in sexually explicit act, etc., in electronic form</a></b></p></div><p><a href="https://www.srdlawnotes.com/2022/12/violation-of-privacy-punishment-for.html" target="_blank"><b>Violation of privacy: Punishment for violation of privacy</b></a></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-25288049368798127822022-12-09T04:38:00.003-08:002022-12-31T23:27:34.175-08:00Punishment for Cyber Terrorism <h3 style="text-align: left;"><b>What is Cyber Terrorism</b></h3><p> Cyberterrorism is the use of computers and information technology to disrupt, damage, or destroy the systems of a government or organization, usually for political or ideological reasons. Cyber terrorists may target computer networks, websites, databases, or other online systems to cause disruption, damage, or destruction. Cyberterrorism can also involve attacks on physical systems, such as power grids, transportation systems, and water supply systems.</p><h3 style="text-align: left;"><b>Punishment for Cyber Terrorism </b></h3><p> According to Section 66F of the Information Technology Act 2000. (1) Whoever,– (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by–</p><p> (i) denying or cause the denial of access to any person authorized to access computer resources; or</p><p> (ii) attempting to penetrate or access a computer resource without authorization or exceeding authorized access; or</p><p> (iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70; or</p><p>(B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offense of cyber terrorism.</p><p>(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.</p><h3 style="text-align: left;"><b>Conclusion </b></h3><script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-6643778855363156"
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</script><p> Cyberterrorism is a type of terrorist attack that uses the Internet, computer and telecommunications technology, as well as other electronic communication systems to attack and destroy the physical or digital properties of a business, government, or individual. IT Act 2000 Provides Punishment for such type of Crime. </p><h3 style="text-align: left;"><b>See Also...</b></h3><div><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-publishing-or.html" target="_blank">Punishment for publishing or transmitting material depicting children in sexually explicit act, etc., in electronic form</a></b></p></div><p><a href="https://www.srdlawnotes.com/2022/12/violation-of-privacy-punishment-for.html" target="_blank"><b>Violation of privacy: Punishment for violation of privacy</b></a></p><p><a href="https://www.srdlawnotes.com/2022/08/punishment-for-storage-of-pornographic.html" target="_blank"><b>Punishment for storage of pornographic material involving child</b></a></p><p><a href="https://www.srdlawnotes.com/2022/02/offenses-and-penalties-under-surrogacy.html" target="_blank"><b>Offenses and penalties under the Surrogacy (Regulation) Act, 2021 </b></a></p><p><a href="https://www.srdlawnotes.com/2017/04/punishments-under-indian-penal-code1860.html" target="_blank"><b>Punishments under the Indian Penal Code,1860</b></a></p><p><b><a href="https://www.srdlawnotes.com/2017/04/theories-of-punishment.html" target="_blank">Theories of Punishment </a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services, etc</a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services</a></b></p><p><br /></p>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-1450145097661453873.post-25285936477856501072022-12-09T03:53:00.003-08:002022-12-09T03:56:27.694-08:00Punishment for publishing or transmitting material depicting children in sexually explicit act, etc., in electronic form<p> When publishing or transmitting material depicting children in sexually explicit acts, you've committed a crime. This is because it is illegal to publish or transmit any material that could be considered harmful to children, and includes anything that might cause children to be exposed to sex in a way that would be considered shocking and disturbing. This can also include promoting illegal pornography, soliciting sexual activities among school children, or anything else deemed illegal under state law. In India, this act is punishable under the Information Technology Act 2000. </p><h3><b>Punishment for publishing or transmitting material depicting children in sexually explicit act, etc., in electronic form.– </b></h3><p> According to Section 67B of the Information Technology Act 2000, whoever –</p><p> (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in a sexually explicit act or conduct; or</p><p> (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or</p><p> (c) cultivates, entices, or induces children to online relationship with one or more children for and on the sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or</p><p> (d) facilitates abusing children online, or</p><p> (e) records in any electronic form of own abuse or that of others pertaining to the sexually explicit act with children shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:</p><p>Provided that provisions of Section 67, Section 67A, and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form–</p><p> (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or</p><p> (ii) which is kept or used for bona fide heritage or religious purposes.</p><p><b>Explanation </b>– For the purposes of this section, “children” means a person who has not completed the age of 18 years. </p><p><b>Conclusion -</b></p><p> In order to secure the rights of children and prevent any form of exploitation, it is necessary to provide them with a bright future.</p><p><br /></p><h3><b>See Also...</b></h3><p><a href="https://www.srdlawnotes.com/2022/12/violation-of-privacy-punishment-for.html" target="_blank"><b> Violation of privacy: Punishment for violation of privacy</b></a></p><p><a href="https://www.srdlawnotes.com/2017/04/punishments-under-indian-penal-code1860.html" target="_blank"><b>Punishments under the Indian Penal Code,1860</b></a></p><p><b><a href="https://www.srdlawnotes.com/2017/04/theories-of-punishment.html" target="_blank">Theories of Punishment </a></b></p><p><b><a href="https://www.srdlawnotes.com/2022/12/punishment-for-sending-offensive.html" target="_blank">Punishment for sending offensive messages through communication services</a></b></p>Unknownnoreply@blogger.com0