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CLASSIFICATION OF OFFENCES UNDER THE INFORMATION Classification of offences under the existing Information Technology Act, 2000. Under the existing IT Act, 2000, whether the offence under the IT Act is cognizable/bailable or otherwise was decided in accordance with Section 2 (a) & 2 (c) read with 1 st Schedule of the Cr.P.C. because there was no specific provision under the existing IT Act, 2000 classifying the offences as cognizable ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FOR The admissibility and authenticity are two component to prove the electronic evidence in the court. The absence of forensic examination would be helpful in challenging the veracity to the opposite party but it would not be sufficient to rebutt the authenticity. hence, a proper cross examination would be necessary to make it unreliable based on the role, nature of the evidence and it’s chain SHARAT BABU DIGUMARTI VS. GOVT. OF NCT OF DELHI SHARAT BABU DIGUMARTI. VS. GOVT. OF NCT OF DELHI. MANU/SC/1592/2016. FACTS. The Appellant was a director of a company and he was charged under sec. 292, 294 IPC r/w 67 of IT Act, 2000. It was alleged that the appellant’s company were in the possession of obscene material and were selling and distributing them. CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR The cyber warfare capabilities are going to play a substantial role because of the low cost as compared to the Kinetic weapons in the space war. The strategic decision making even in the physical space depends upon space capabilities as space dominance is a prerequisite for information dominance on which the strategic decisions are based. CDR PERFORMA U/S 65B D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org HASH VALUE: AUTHENTICATION AND ADMISSIBILITY IN INDIAN Abstract. Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the crucial single factors which not only authenticate the integrity of data but also play crucial role in the validation of the forensic ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH IN THE HIGH COURT OF ANDHRA PRADESH SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH AND ANR. MANU/AP/0660/2005. FACTS. The instant case was registered on basis of written complaint of Head of Sales and Marketing wing of M/s Reliance CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Unmanned Aerial Vehicles (UAV) popularly known as Drones are remotely piloted aircrafts. They are equipped with GPS, onboard computers, hardware, sensors, electronics, stabilizers, autopilot, servo controllers, and they pilot themselves based on pre-programmed instructions. Drone is a MEMORY CARD EVIDENCE: IDENTIFYING FORENSIC ARTIFACTS FOR New technology has made it feasible to use add on memory card in the electronic devices and the data, images, video, etc. can be directly stored on these SD cards 1.It had created better avenues to seize the primary evidence without the requirement of taking into possession theoriginal devices.
CLASSIFICATION OF OFFENCES UNDER THE INFORMATION Classification of offences under the existing Information Technology Act, 2000. Under the existing IT Act, 2000, whether the offence under the IT Act is cognizable/bailable or otherwise was decided in accordance with Section 2 (a) & 2 (c) read with 1 st Schedule of the Cr.P.C. because there was no specific provision under the existing IT Act, 2000 classifying the offences as cognizable ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FOR The admissibility and authenticity are two component to prove the electronic evidence in the court. The absence of forensic examination would be helpful in challenging the veracity to the opposite party but it would not be sufficient to rebutt the authenticity. hence, a proper cross examination would be necessary to make it unreliable based on the role, nature of the evidence and it’s chain SHARAT BABU DIGUMARTI VS. GOVT. OF NCT OF DELHI SHARAT BABU DIGUMARTI. VS. GOVT. OF NCT OF DELHI. MANU/SC/1592/2016. FACTS. The Appellant was a director of a company and he was charged under sec. 292, 294 IPC r/w 67 of IT Act, 2000. It was alleged that the appellant’s company were in the possession of obscene material and were selling and distributing them. CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR The cyber warfare capabilities are going to play a substantial role because of the low cost as compared to the Kinetic weapons in the space war. The strategic decision making even in the physical space depends upon space capabilities as space dominance is a prerequisite for information dominance on which the strategic decisions are based. CDR PERFORMA U/S 65B D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org HASH VALUE: AUTHENTICATION AND ADMISSIBILITY IN INDIAN Abstract. Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the crucial single factors which not only authenticate the integrity of data but also play crucial role in the validation of the forensic ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH IN THE HIGH COURT OF ANDHRA PRADESH SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH AND ANR. MANU/AP/0660/2005. FACTS. The instant case was registered on basis of written complaint of Head of Sales and Marketing wing of M/s Reliance ARTICLES | CYBER RESEARCH & INNOVATION SOCIETY (CRIS) legal Remedies to Fight Against Potential Cyber-Crime Threats in CoronaVirus Lockdown. April 6, 2020 / by Neeraj Aarora. Cyber-crimes witnessed the exponential increase during the outbreak of corona virus as cybercriminals are trying to exploit the health crises. The HOW TO BECOME A CYBER FORENSIC EXAMINER A person to be proficient in Window Forensic needs to have knowledge of structure of different OS and file system like FAT, NTFS etc and how and where the OS maintains the system files and other logs. The different OS may have different default values, functionalities, location of system/application files. b. RESEARCHER | CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Researcher. The primary objective of the CRIS is to promote research & innovation in the cyber domain. To achieve this objective, the contemporary areas of the research would be identified with respect to the issues for the forensic community, law enforcement agencies, legal community or the society as a whole. ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
CONTENTS OF MEMORY CARD WILL BE “DOCUMENT” AND NOT D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org6(59,1* -867,&(
Building A Digitally Secure Future! www.cyberpandit.org Serving Justice in COVID-19 Pandemic, only option is VIRTUAL COURT: An IndianProspective
INTERNET SAFETY FOR WOMEN Cyber research & innovation society formed committee on Cyber-security for women to spread awareness regarding the atrocities committed against women as well as laws regarding cybercrime. This committeeaims to educate women about how cyber technology is used by anti-social elements to commit various types of crimes. “EVERY MAN’S HOUSE IS HIS CASTLE: RIGHT TO PRIVACY AND “Every man’s house is his castle: Right to privacy and Information Technology (Amendment) Bill, 2006. February 2, 2009 / Neeraj Aarora / Cyber Offenses / Contravention, IT Amendment Act, Obscenity / Pronography / 34 comments POLICE CAN’T INVOKED IPC IF OFFENCE SQUARELY FALLS UNDER “The provision of Indian Panel Code (IPC) cannot be invoked if the offences are squarely covered under the IT Act, 2000 as the IT Act, 2000 is a special law, further, Section81 of the IT Act, 2000 reinforces the preposition explicitly. CERT. U/S 65B EA CAN BE FILED AT ANY STAGE OF TRIAL Dear Neeraj ji , in a case filed by CBI under PC Act against me in year 2012 the CBI have filed the transcripts of recorded conversation ( prepared by them only ) along with the charge sheet in Nov 2012 without any certificate , the conversation was allegedly recorded on voice recorder and mobile phone of CBI Inspector , which was never seized and subjected to examination . only memory cards CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Unmanned Aerial Vehicles (UAV) popularly known as Drones are remotely piloted aircrafts. They are equipped with GPS, onboard computers, hardware, sensors, electronics, stabilizers, autopilot, servo controllers, and they pilot themselves based on pre-programmed instructions. Drone is a MEMORY CARD EVIDENCE: IDENTIFYING FORENSIC ARTIFACTS FOR New technology has made it feasible to use add on memory card in the electronic devices and the data, images, video, etc. can be directly stored on these SD cards 1.It had created better avenues to seize the primary evidence without the requirement of taking into possession theoriginal devices.
CLASSIFICATION OF OFFENCES UNDER THE INFORMATION Classification of offences under the existing Information Technology Act, 2000. Under the existing IT Act, 2000, whether the offence under the IT Act is cognizable/bailable or otherwise was decided in accordance with Section 2 (a) & 2 (c) read with 1 st Schedule of the Cr.P.C. because there was no specific provision under the existing IT Act, 2000 classifying the offences as cognizable ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FOR The admissibility and authenticity are two component to prove the electronic evidence in the court. The absence of forensic examination would be helpful in challenging the veracity to the opposite party but it would not be sufficient to rebutt the authenticity. hence, a proper cross examination would be necessary to make it unreliable based on the role, nature of the evidence and it’s chain SHARAT BABU DIGUMARTI VS. GOVT. OF NCT OF DELHI SHARAT BABU DIGUMARTI. VS. GOVT. OF NCT OF DELHI. MANU/SC/1592/2016. FACTS. The Appellant was a director of a company and he was charged under sec. 292, 294 IPC r/w 67 of IT Act, 2000. It was alleged that the appellant’s company were in the possession of obscene material and were selling and distributing them. CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR The cyber warfare capabilities are going to play a substantial role because of the low cost as compared to the Kinetic weapons in the space war. The strategic decision making even in the physical space depends upon space capabilities as space dominance is a prerequisite for information dominance on which the strategic decisions are based. CDR PERFORMA U/S 65B D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org HASH VALUE: AUTHENTICATION AND ADMISSIBILITY IN INDIAN Abstract. Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the crucial single factors which not only authenticate the integrity of data but also play crucial role in the validation of the forensic ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH IN THE HIGH COURT OF ANDHRA PRADESH SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH AND ANR. MANU/AP/0660/2005. FACTS. The instant case was registered on basis of written complaint of Head of Sales and Marketing wing of M/s Reliance CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Unmanned Aerial Vehicles (UAV) popularly known as Drones are remotely piloted aircrafts. They are equipped with GPS, onboard computers, hardware, sensors, electronics, stabilizers, autopilot, servo controllers, and they pilot themselves based on pre-programmed instructions. Drone is a MEMORY CARD EVIDENCE: IDENTIFYING FORENSIC ARTIFACTS FOR New technology has made it feasible to use add on memory card in the electronic devices and the data, images, video, etc. can be directly stored on these SD cards 1.It had created better avenues to seize the primary evidence without the requirement of taking into possession theoriginal devices.
CLASSIFICATION OF OFFENCES UNDER THE INFORMATION Classification of offences under the existing Information Technology Act, 2000. Under the existing IT Act, 2000, whether the offence under the IT Act is cognizable/bailable or otherwise was decided in accordance with Section 2 (a) & 2 (c) read with 1 st Schedule of the Cr.P.C. because there was no specific provision under the existing IT Act, 2000 classifying the offences as cognizable ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FOR The admissibility and authenticity are two component to prove the electronic evidence in the court. The absence of forensic examination would be helpful in challenging the veracity to the opposite party but it would not be sufficient to rebutt the authenticity. hence, a proper cross examination would be necessary to make it unreliable based on the role, nature of the evidence and it’s chain SHARAT BABU DIGUMARTI VS. GOVT. OF NCT OF DELHI SHARAT BABU DIGUMARTI. VS. GOVT. OF NCT OF DELHI. MANU/SC/1592/2016. FACTS. The Appellant was a director of a company and he was charged under sec. 292, 294 IPC r/w 67 of IT Act, 2000. It was alleged that the appellant’s company were in the possession of obscene material and were selling and distributing them. CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR The cyber warfare capabilities are going to play a substantial role because of the low cost as compared to the Kinetic weapons in the space war. The strategic decision making even in the physical space depends upon space capabilities as space dominance is a prerequisite for information dominance on which the strategic decisions are based. CDR PERFORMA U/S 65B D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org HASH VALUE: AUTHENTICATION AND ADMISSIBILITY IN INDIAN Abstract. Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the crucial single factors which not only authenticate the integrity of data but also play crucial role in the validation of the forensic ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH IN THE HIGH COURT OF ANDHRA PRADESH SYED ASIFUDDIN AND ORS. VS. THE STATE OF ANDHRA PRADESH AND ANR. MANU/AP/0660/2005. FACTS. The instant case was registered on basis of written complaint of Head of Sales and Marketing wing of M/s Reliance ARTICLES | CYBER RESEARCH & INNOVATION SOCIETY (CRIS) legal Remedies to Fight Against Potential Cyber-Crime Threats in CoronaVirus Lockdown. April 6, 2020 / by Neeraj Aarora. Cyber-crimes witnessed the exponential increase during the outbreak of corona virus as cybercriminals are trying to exploit the health crises. The HOW TO BECOME A CYBER FORENSIC EXAMINER A person to be proficient in Window Forensic needs to have knowledge of structure of different OS and file system like FAT, NTFS etc and how and where the OS maintains the system files and other logs. The different OS may have different default values, functionalities, location of system/application files. b. RESEARCHER | CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Researcher. The primary objective of the CRIS is to promote research & innovation in the cyber domain. To achieve this objective, the contemporary areas of the research would be identified with respect to the issues for the forensic community, law enforcement agencies, legal community or the society as a whole. ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
CONTENTS OF MEMORY CARD WILL BE “DOCUMENT” AND NOT D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org6(59,1* -867,&(
Building A Digitally Secure Future! www.cyberpandit.org Serving Justice in COVID-19 Pandemic, only option is VIRTUAL COURT: An IndianProspective
INTERNET SAFETY FOR WOMEN Cyber research & innovation society formed committee on Cyber-security for women to spread awareness regarding the atrocities committed against women as well as laws regarding cybercrime. This committeeaims to educate women about how cyber technology is used by anti-social elements to commit various types of crimes. “EVERY MAN’S HOUSE IS HIS CASTLE: RIGHT TO PRIVACY AND “Every man’s house is his castle: Right to privacy and Information Technology (Amendment) Bill, 2006. February 2, 2009 / Neeraj Aarora / Cyber Offenses / Contravention, IT Amendment Act, Obscenity / Pronography / 34 comments POLICE CAN’T INVOKED IPC IF OFFENCE SQUARELY FALLS UNDER “The provision of Indian Panel Code (IPC) cannot be invoked if the offences are squarely covered under the IT Act, 2000 as the IT Act, 2000 is a special law, further, Section81 of the IT Act, 2000 reinforces the preposition explicitly. CERT. U/S 65B EA CAN BE FILED AT ANY STAGE OF TRIAL Dear Neeraj ji , in a case filed by CBI under PC Act against me in year 2012 the CBI have filed the transcripts of recorded conversation ( prepared by them only ) along with the charge sheet in Nov 2012 without any certificate , the conversation was allegedly recorded on voice recorder and mobile phone of CBI Inspector , which was never seized and subjected to examination . only memory cards CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Unmanned Aerial Vehicles (UAV) popularly known as Drones are remotely piloted aircrafts. They are equipped with GPS, onboard computers, hardware, sensors, electronics, stabilizers, autopilot, servo controllers, and they pilot themselves based on pre-programmed instructions. Drone is a MEMORY CARD EVIDENCE: IDENTIFYING FORENSIC ARTIFACTS FOR New technology has made it feasible to use add on memory card in the electronic devices and the data, images, video, etc. can be directly stored on these SD cards 1.It had created better avenues to seize the primary evidence without the requirement of taking into possession theoriginal devices.
CLASSIFICATION OF OFFENCES UNDER THE INFORMATION Classification of offences under the existing Information Technology Act, 2000. Under the existing IT Act, 2000, whether the offence under the IT Act is cognizable/bailable or otherwise was decided in accordance with Section 2 (a) & 2 (c) read with 1 st Schedule of the Cr.P.C. because there was no specific provision under the existing IT Act, 2000 classifying the offences as cognizable HOW TO BECOME A CYBER FORENSIC EXAMINER A person to be proficient in Window Forensic needs to have knowledge of structure of different OS and file system like FAT, NTFS etc and how and where the OS maintains the system files and other logs. The different OS may have different default values, functionalities, location of system/application files. b. ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FORADMISSIBILITY OF EVIDENCE PDFADMISSIBILITY OF VIDEO EVIDENCEADMISSIBILITY LEGAL DEFINITIONFEDERAL RULES OF EVIDENCE ADMISSIBILITYHEARSAY EVIDENCE ADMISSIBILITYSTIPULATION TO ADMISSIBILITY OF EVIDENCE The admissibility and authenticity are two component to prove the electronic evidence in the court. The absence of forensic examination would be helpful in challenging the veracity to the opposite party but it would not be sufficient to rebutt the authenticity. hence, a proper cross examination would be necessary to make it unreliable based on the role, nature of the evidence and it’s chain FIGHTING CHILD ABUSE IN CYBER SPACE Fighting Child Abuse in Cyber Space. From the recent incident of Child Bois Locker Room Case, it was observed that neither parents nor teachers were aware that their children or students were engaged in cyber criminal activities which clearly shows the lack of awareness and education in the field of Child Abuse in Cyber Space. CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR The cyber warfare capabilities are going to play a substantial role because of the low cost as compared to the Kinetic weapons in the space war. The strategic decision making even in the physical space depends upon space capabilities as space dominance is a prerequisite for information dominance on which the strategic decisions are based. SHARAT BABU DIGUMARTI VS. GOVT. OF NCT OF DELHI SHARAT BABU DIGUMARTI. VS. GOVT. OF NCT OF DELHI. MANU/SC/1592/2016. FACTS. The Appellant was a director of a company and he was charged under sec. 292, 294 IPC r/w 67 of IT Act, 2000. It was alleged that the appellant’s company were in the possession of obscene material and were selling and distributing them. CRIS – BUILDING A DIGITALLY SECURE FUTURE! CRIS – Building A Digitally Secure Future! Home. Cyber laws have become an integral part of a well-functioning legal system for every stable country around the world. This also holds true for India. As a thriving digital hub and an emerging digital market, India is slowly developing its cyber laws and cyber jurisprudence, including passing ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
CYBER RESEARCH & INNOVATION SOCIETY (CRIS) Unmanned Aerial Vehicles (UAV) popularly known as Drones are remotely piloted aircrafts. They are equipped with GPS, onboard computers, hardware, sensors, electronics, stabilizers, autopilot, servo controllers, and they pilot themselves based on pre-programmed instructions. Drone is a MEMORY CARD EVIDENCE: IDENTIFYING FORENSIC ARTIFACTS FOR New technology has made it feasible to use add on memory card in the electronic devices and the data, images, video, etc. can be directly stored on these SD cards 1.It had created better avenues to seize the primary evidence without the requirement of taking into possession theoriginal devices.
CLASSIFICATION OF OFFENCES UNDER THE INFORMATION Classification of offences under the existing Information Technology Act, 2000. Under the existing IT Act, 2000, whether the offence under the IT Act is cognizable/bailable or otherwise was decided in accordance with Section 2 (a) & 2 (c) read with 1 st Schedule of the Cr.P.C. because there was no specific provision under the existing IT Act, 2000 classifying the offences as cognizable HOW TO BECOME A CYBER FORENSIC EXAMINER A person to be proficient in Window Forensic needs to have knowledge of structure of different OS and file system like FAT, NTFS etc and how and where the OS maintains the system files and other logs. The different OS may have different default values, functionalities, location of system/application files. b. ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FORADMISSIBILITY OF EVIDENCE PDFADMISSIBILITY OF VIDEO EVIDENCEADMISSIBILITY LEGAL DEFINITIONFEDERAL RULES OF EVIDENCE ADMISSIBILITYHEARSAY EVIDENCE ADMISSIBILITYSTIPULATION TO ADMISSIBILITY OF EVIDENCE The admissibility and authenticity are two component to prove the electronic evidence in the court. The absence of forensic examination would be helpful in challenging the veracity to the opposite party but it would not be sufficient to rebutt the authenticity. hence, a proper cross examination would be necessary to make it unreliable based on the role, nature of the evidence and it’s chain FIGHTING CHILD ABUSE IN CYBER SPACE Fighting Child Abuse in Cyber Space. From the recent incident of Child Bois Locker Room Case, it was observed that neither parents nor teachers were aware that their children or students were engaged in cyber criminal activities which clearly shows the lack of awareness and education in the field of Child Abuse in Cyber Space. CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR The cyber warfare capabilities are going to play a substantial role because of the low cost as compared to the Kinetic weapons in the space war. The strategic decision making even in the physical space depends upon space capabilities as space dominance is a prerequisite for information dominance on which the strategic decisions are based. SHARAT BABU DIGUMARTI VS. GOVT. OF NCT OF DELHI SHARAT BABU DIGUMARTI. VS. GOVT. OF NCT OF DELHI. MANU/SC/1592/2016. FACTS. The Appellant was a director of a company and he was charged under sec. 292, 294 IPC r/w 67 of IT Act, 2000. It was alleged that the appellant’s company were in the possession of obscene material and were selling and distributing them. CRIS – BUILDING A DIGITALLY SECURE FUTURE! CRIS – Building A Digitally Secure Future! Home. Cyber laws have become an integral part of a well-functioning legal system for every stable country around the world. This also holds true for India. As a thriving digital hub and an emerging digital market, India is slowly developing its cyber laws and cyber jurisprudence, including passing ELECTRONIC SIGNATURE OR ELECTRONIC AUTHENTICATION Description. Procedure. 1 [1. e-authentication technique using Aadhaar e-KYC services. Authentication of an electronic record by e-authentication technique which shall be done by –. (a) the applicable use of e-authentication, hash and asymmetric crypto system techniques, leading to issuance of Digital Signature Certificate byCertifying
ARTICLES | CYBER RESEARCH & INNOVATION SOCIETY (CRIS) legal Remedies to Fight Against Potential Cyber-Crime Threats in CoronaVirus Lockdown. April 6, 2020 / by Neeraj Aarora. Cyber-crimes witnessed the exponential increase during the outbreak of corona virus as cybercriminals are trying to exploit the health crises. The HANDLING FAKE NEWS DURING COVID 19: LEGAL REMEDIES UNDER Narrative governs the society and if it is false narrative particularly relating to the public health, it is bound to create havoc and whoever is responsible for such spread of misinformation is accountable of playing with the lives of innocent people. HOW TO BECOME A MEMBER? To apply for Individual membership, click here To apply for Corporate membership, click here Membership Key Benefits & Fees. Being a member of the Cyber Research and Innovation Society (CRIS) helps you realise your ambitions in cyber law, cyber security and cyber forensics space.; Whether you’re a student, a professional, a leader or a corporate, you need a network of support and a firmBOARD OF ADVISORS
D-10/4, Opp. Balaji Plaza, Sector-8, Rohini, Delhi, India Pin – 110085 Landline: +91 (11) 2794 0129 Email: info@cyberpandit.org cris@cyberpandit.org BOARD OF ADVISORS PROFILES S.No. Name : Board of Advisors Profile: 1: Neeraj Aarora: Neeraj Aarora is the legal adviser and consultant of CyberImmersions Solutions. Neeraj is an Advocate-on-Record (AOR), arbitrator and consultant on cyber law & digital forensics. DEFAMATION IN CYBER SPACE: WHETHER WE HAVE EFFECTIVE Online Defamation has become a serious problem due to its ramifications emerging from the wide-spread Coverage, Instantaneous Communication, Anonymity and Impersonation.The ease with which the defamation can be done using any of the Digital Devices such as Mobile, Computer, and Laptop coupled with the comfort with which identity can be spoofed, the online defamation has become CRIS – BUILDING A DIGITALLY SECURE FUTURE! CRIS – Building A Digitally Secure Future! Home. Cyber laws have become an integral part of a well-functioning legal system for every stable country around the world. This also holds true for India. As a thriving digital hub and an emerging digital market, India is slowly developing its cyber laws and cyber jurisprudence, including passing HASH VALUE: AUTHENTICATION AND ADMISSIBILITY IN INDIAN Abstract. Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the crucial single factors which not only authenticate the integrity of data but also play crucial role in the validation of the forensic INTERNET SAFETY FOR WOMEN Cyber research & innovation society formed committee on Cyber-security for women to spread awareness regarding the atrocities committed against women as well as laws regarding cybercrime. This committeeaims to educate women about how cyber technology is used by anti-social elements to commit various types of crimes. POLICE CAN’T INVOKED IPC IF OFFENCE SQUARELY FALLS UNDER “The provision of Indian Panel Code (IPC) cannot be invoked if the offences are squarely covered under the IT Act, 2000 as the IT Act, 2000 is a special law, further, Section81 of the IT Act, 2000 reinforces the preposition explicitly. Building A Digitally Secure Future! Cyber Research & Innovation SocietyMenu
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HOW TO PROTECT YOURSELF FROM CYBER CRIME? CYBER DEFENCE: AVOID BECOMING THE VICTIM OF CYBER-CRIMINAL ACTIVITIES Today, we live in cyber world in which our each activity personal/professional greatly depend on digital/electronic device and internet. No doubt, technology has made our life easy but sometimes use of technology leads to the worst in the form of high monetaryloss,
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WHAT TO DO IF YOU ARE A VICTIM OF With the advancement in technology in making digital payments, mobile phone payment apps/E wallets are being used commonly for quick and fast transactions. While using the service, user do not take proper precautions, Fraudsters take an advantage of this and make the userRead More
WHAT ARE BULK MAIL PONZI SCHEMES (MULTI-LEVEL MARKETING SCHEMES) In Bulk Mail Ponzi Schemes, group of fraudster make money by getting other people to sign up into a business scheme. Further,the signed up group of people would be responsible to make money by getting more people to sign up, and chain continuous.Read More
WHAT TO DO IF YOU RECEIVE AN UNSOLICITED EMAIL? Unsolicited Emails can be dangerous and can exist in your mailbox in form of a Spam mail, spoofed mail, bulk Emails and any other form of unwanted mails which can be suspicious in nature. In the digital world, not only the individuals butRead More
PRECAUTIONARY MEASURES FOR SECURE ONLINE SHOPPING E-commerce, online shopping is first preference of an individual for shopping. No doubt, it’s a simple way to explore multiple things at same time with lowest prices. But the question arises that the facility is secure since user have to feed its confidentialRead More
HOW TO SECURE YOUR SMART TV TO PROTECT YOUR How to secure your smart TV to protect your privacy In this digital world, we are continuously using digital electronics gadgets such as smart phone, smart watch, smart TV etc. But the question is, are these smart electronic devices secure? Smart phones orRead More
SHIELDING FROM MALWARE ACTIVITIES Malware ,computerized progamme designed to perform unwanted actions and to steal and damage the data of the user. Cyber criminals continue to advance their malicious software developments to attack the organisation/company/individual. Therefore, proactive measure should be taken to prevent the data stealing andRead More
WHAT TO DO IF BECOME THE VICTIM OF PAYMENT Do not ignore the SMS!Generally, Transaction notification is received by SMS.Evidence regarding unauthorised transaction from your account.Note the Date and time of transaction mentioned in the SMS, date and time of the SMS received’ amount of every transactionNote the Source mentioned in SMS,Read More
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ARTICLES
NSE OUTRAGE – IS IT ACT OF CYBER WAR? India needs to enhance cyber security to critical infrastructure to conquer China proxy war The recent technical glitch or outrage on NSE, by whatever name it is referred, seems to be part of the cyber attack from China or otherRead More
AAROGYA SETU: IS GOVT. DATA PROTECTOR OR VIOLATOR? Possible misuse of sensitive personal data was the main ground for blocking Chinese web-applications, wherein the government invoked the power under Section 69A of Information Technology Act, 2000 (hereinafter referred to as the IT Act), terming it as a threatRead More
IS YOUR PARTNER SPYING ON YOU??? Spyware evidence is playing a decisive role in court cases. Recently, Delhi high court has admitted evidence collected through spyware illegally installed by the husband in his wife mobile. Gone are the days when you have to steal the dataRead More
WHY GOVERNMENT FEARS PROSECUTING TWITTER? What stops the Government of India from initiating prosecution against Twitter, when it has committed a criminal offence which requires the offenders to be prosecuted as per law? If the boundary of India would have been changed in the mapRead More
ARBITRATION CLAUSES AGAINST PUBLIC POLICY ARE UNCONSCIONABLE &UNENFORCEABLE:
“Moral of the story is if we make ‘Arbitration Clauses’ sacred or unquestionable then in the disputes of strong and weak, justice may not win but stronger party would always win” - Hon'ble District Judge, Sh. L. K. Gaur TheRead More
CYBER WARFARE WILL DOMINATE SPACE & PHYSICAL WAR Considering the present scenario across the globe, every aspect of national security and capability of the nations in war significantly depends upon space potential and its integrity and authenticity. The detection of the threats, use of a weapon, the precisionRead More
VIDEO CONFERENCING MECHANISM FOR INDIAN COURTS! (Serving Justice in COVID-19 Pandemic, only option is VIRTUAL COURT) As our country is fighting against the Corona Virus Diseases (COVID-19), the complete lockdown is imposed on entire nation and no one is allowed to move out of their homes.Read More
LEGAL REMEDIES TO FIGHT AGAINST POTENTIAL CYBER-CRIME THREATS IN Cyber-crimes witnessed the exponential increase during the outbreak of corona virus as cybercriminals are trying to exploit the health crises. The people are spending more time on the Internet due to lockdown and also due to various measures taken byRead More
HANDLING FAKE NEWS DURING COVID 19: LEGAL REMEDIES UNDER Narrative governs the society and if it is false narrative particularly relating to the public health, it is bound to create havoc and whoever is responsible for such spread of misinformation is accountable of playing with the lives of innocentRead More
MEMORY CARD EVIDENCE: IDENTIFYING FORENSIC ARTIFACTS FOR RELIABILITY New technology has made it feasible to use add on memory card in the electronic devices and the data, images, video, etc. can be directly stored on these SD cards1. It had created better avenues to seize theprimary evidence
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MAJOR VULNERABILITY REPORTED IN WEBMAIL BY HOSTGATOR.IN Cyber Research & Innovation Society (CRIS) during its annual security check of its Information Technology infrastructure came to know about a major vulnerability in webmail by www.hostgator.in CRIS contacted its technical adviser CyberImmersions Forensics Solutions (CIFS) for annual security auditRead More
DEFAMATION IN CYBER SPACE: WHETHER WE HAVE EFFECTIVE REMEDIES? Online Defamation has become a serious problem due to its ramifications emerging from the wide-spread Coverage, Instantaneous Communication, Anonymity and Impersonation. The ease with which the defamation can be done using any of the Digital Devices such asMobile, Computer,
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DISCARDED AUDITORY/VISUAL SPECTROGRAPHIC TECHNIQUE USED BY FSL’S ININDIA
With the advent of technology and movement to the e-governance, the use of electronic communication has become omnipresent and further, easy accessibility to audio-video devices including spyware and mobile has made it easy to capture any type of communication. SuchRead More
WAYBACK MACHINE MOVE TIME BACKWARDS- CAN WE PROVE IT The admissibility of website content, pages is a challenging task because of global nature of the internet and also due to the dynamic nature of websites. It becomes more complex, if the author of the website does not authenticate theRead More
DRONES WILL RESHAPE THE FUTURE OF WAR AND ARMIES The recent launch of sophisticated series of the Drones by various countries and also the use of these drones in Gulf Crisis & other International conflicts have established that the Drones are going to play vital role in the futureRead More
SYNTHETIC VOICE (AI) CREATING AVENUES FOR FALSE PROSECUTIONS IN With the advent of Technology, the Audio and Video evidences are playing instrumental role in ascertaining the fate of the Criminal Cases. Not only the Investigating Agencies but also the Individuals are trying to capture audio/video evidences through the digitalRead More
UNREGULATED DRONES: SERIOUS THREAT TO SECURITY & PRIVACY IN Unmanned Aerial Vehicles (UAV) popularly known as Drones are remotely piloted aircrafts. They are equipped with GPS, onboard computers, hardware, sensors, electronics, stabilizers, autopilot, servo controllers, and they pilot themselves based on pre-programmed instructions. Drone is a remotely controlled flyingRead More
ARTIFICIAL INTELLIGENCE WEAPONS- A LEGITIMATE APPROACH Technological advance has slowly turning into a battle of life. In the competition to lead the emerging technology race and the revolutionary warfare battleground, artificial intelligence weapons are swiftly becoming the center of the global power play. Artificial Intelligence(AI)
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EMERGING CYBER CHALLENGES IN 5G TECHNOLOGY The first generation mobile system (2G/GSM) launched in 1991 primarily focused on mobile communication. With the gradual increase of mobile users , various new technologies emerged such as 3G and 4G mobile telephony networks. The next generation 3G mobile telephonyRead More
POLICE CAN’T INVOKED IPC IF OFFENCE SQUARELY FALLS UNDER "The provision of Indian Panel Code (IPC) cannot be invoked if the offences are squarely covered under the IT Act, 2000 as the IT Act, 2000 is a special law, further, Section81 of the IT Act, 2000 reinforces the prepositionRead More
BLOCKING OF TIKTOK: IS IT WORKABLE OR VIABLE? Recently, on the direction of High Court of Madras, the access to popular video app TikTok was blocked by Google & Apple Play Store’s. The direction to ban the TikTok was given on the ground that it encouraged pornography andRead More
IMEI NUMBER NO MORE UNIQUE: REGULATOR LOST CONTROL Uniqueness of the IMEI number is one of its main characteristic which is well recognized on the basis of which so many processes are implemented by the regulator not only in the telecom industry but used by various Law EnforcementRead More
DIGITAL EVIDENCE: A GAME CHANGER IN LITIGATIONS The dominance of e-governance in the government, society and industry is also reflecting in the form of electronic evidences , thus becoming part of various litigations among various stakeholders in the court. Electronic evidences, if proved properly , could playRead More
AADHAAR JUDGMENT: A THRUST TO PRIVACY The Supreme Court of India, today, gave its final judgment in the Aadhaar Cases. The decision has been long awaited because of the intense public interest in the matter as well as the scale of the Aadhaar program. TheRead More
COSMOS BANK THEFT – HOW NEW PERSONAL DATA PROTECTION The last few days have seen the news cycle inundated with reports about the cyber theft incident at Cosmos Bank, Pune. For those of you who aren’t quite familiar with the details of the case, here’swhat happened based
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“PERSONAL DATA PROTECTION BILL, 2018” – PENALTIES & WHAT India will soon join the ranks of data secure countries with the passage of the draft Personal Data Protection Bill (PDPB) into the Act by the Parliament. The Bill has been drafted by the Srikrishna Committee and released onRead More
GDPR AND CHALLENGES DRIVEN BY THE EMERGING TECHNOLOGIES The GDPR has been in force for little over one month now, and the confusion it has left in its wake appears to be unending. Every singly industrial sector is attempting to understand what the new dataprivacy regime
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WHETHER THE CLOUD ACT IS IN CONFLICT WITH GDPR The European Union, with its new data protection and privacy regulation known popularly as the GDPR, has been dominating compliance news in the past month as commercial establishments the world over struggle to comprehend its requirements and implement newRead More
GDPR JOURNEY – IT’S NOT OVER, IT HAS JUST It has been 2 weeks since the GDPR came into force, on the 25th of May, and organizations around the world continue to scramble in their compliance journey. The new data protection regulation gave a two-yearheads-up to the
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GDPR AND RECRUITMENT This article is in continuation of my ongoing series on the role of HR in GDPR compliance. It explains how HR managers and leaders can process employee personal data while recruiting. Recruitment is one of the core functions ofRead More
EMPLOYEE MONITORING UNDER GDPR This article is a continuation of my series on the role of HR in GDPR compliance. In this article I offer my insights on Employee Monitoring and how HR can adapt existing policies to continue monitoring activities in complianceRead More
GDPR : EMPLOYEE DATA & LAWFUL BASIS In my previous article, I highlighted some of the compliance challenges the new GDPR regime will present for the HR function with respect to the processing of employee personal data. This article is a continuation of my series onRead More
WHETHER LAW OR CODE CAN REGULATE CYBERSPACE ? Society is facing the unprecedented challenges of cyber crimes which are assuming alarming proportion with each passing day. The allegations of rigging in Trump Election, hacking of Ukraine Power Grid & NASA Research Centre have established that hacker can reachRead More
FORENSIC AUDIT: PREVENTING THE ABUSE OF INSOLVENCY CODE The significance of forensic audit has gained paramount importance as the corporate debtors are moving for restructuring and bidding themselves for stressed assets. The concern has gained momentum particularly after the Essar Steel & Bhushan Steel has undergoneInsolvency process
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INTERCEPTED MOBILE EVIDENCE ON CD: INFRINGEMENT OF CONSTITUTIONALRIGHT
Electronic Interception of Telephonic Communication, also known as “Wiretapping” always clouded with various controversies as to illegality or breach of privacy however, an important concern as to what standard of evidence, the prosecution needs to establish the Admissibility, Authenticity, VeracityRead More
SHA-1 OFFICIAL DEAD: AUTHENTICITY CHALLENGE IN ELECTRONIC EVIDENCECASES
"We have broken SHA-1 in practice," and "SHAttered attack" can be used to compromise anything that relies on SHA-1, says a group of researchers from the CWI Research centres in Amsterdam and Google. The information available on https://shattered.io/ also enablesRead More
EVERY COMPUTER OUTPUT DOES NOT REQUIRE 65B CERTIFICATE – CERTIFICATE U/S 65B NOT REQUIRED TO PROVE FIR Admissibility of the electronic records has been one of the controversial issues in every case where it is being relied upon by any of the parties. The reasonis the ease with
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RESTRICTION ON WHATSAPP GROUP IN J&K- AN ANOTHER FAILED The philosophy of Prof. Lawrence Lessing regarding the control of internet through its code and ‘the declaration of independence of cyberspace’ by John Perry Barlaw are in interlocked stage. The movement of the governance of internet is slowly and slowlyRead More
HOW TO BECOME A CYBER LAWYER With the evaluation of e-governance and society moving towards digitization, the Information Technology has penetrated in every sphere of life and the profession of law, being no exception, is immensely impacted by it. The proliferation comprises of e-Business, Digital Communication,Read More
PREPARING FOR CISSP EXAM Neeraj Aarora CISSP, CISA, CFCE, FCMA, CFE Clearing CISSP exam in first attempt made me a winner in eyes of everyone…. my friends and other acquaintances on various social media sites like face book, LinkedIn and whatsApp started applaudingRead More
ONGC 197 CR. FRAUD: HACKER USING APT FOR CYBERHEIST Introduction International business trade is facing an unprecedented threat of frauds from organized crime, particularly, an intelligent, knowledgeable group of hackers and recent fraud with ONGC is one of the crime involving huge amount of Rs. 197 Cr. Such scamsRead More
UNCITRAL ARBITRATION RULES, 2010: ENFORCING EFFECTIVE ARBITRATIONMECHANISM
INTRODUCTION Arbitration as a means of dispute resolution has gained importance and value which not only ensures justice, but also resolves the disputes in a manner that prevents depletion of prime resources of time, money and energy spent in pursingRead More
CERT. U/S 65B EA CAN BE FILED AT ANY During trials, Judges are often asked to rule on the admissibility of electronic evidence and it substantially impacts the outcome of civil law suit or conviction/acquittal of the accused. The Court continue to grapple with this new electronic frontier asRead More
HOW TO BECOME A CYBER FORENSIC EXAMINER Introduction From corporate crimes to murder, computer place a role in nefarious activities either as a target, medium or containing evidence and thus, requiring specialist with a skill in the various technologies and legal knowledge to gather evidence stored digitally.Read More
CREDIT CARD FRAUD: A RISING THREAT TO GLOBAL BANKING The credit cards frauds are rapidly increasing since the day, the credit card were launched. With the continuous change in the technology, doing transaction over the internet has become part and parcel of the daily life and as such creditRead More
ADMISSIBILITY OF ELECTRONIC EVIDENCE : CHALLENGES FOR LEGALFRATERNITY
Due to enormous growth in e-governance throughout the Public & Private Sector, Electronic Evidence have involved into a fundamental pillar of communication, processing and documentation. These various forms of electronic evidence are increasingly being used in both Civil &Criminal
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WORLD’S ELITE CLUB: INTERNET OF THINGS In a recent move to Strengthen and Empower India's IT Infrastructure Backbone, and with the vision to develop connected and smart IoT based system for our country’s Economy, Society, Environment and global needs, the Department of Electronics and Information Technology(DEITY)
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GOONDA ACT- INEFFICACY OF POLICE TO CONQUER INTERNET CRIME The move of the Karnataka State Government in bringing the certain provision of the Information Technology Act, 2000 under the Goonda Act is an arbitrary, unfathomable and would have serious ramifications. The another important aspect of the move is theRead More
HASH VALUE: AUTHENTICATION AND ADMISSIBILITY IN INDIAN PERSPECTIVE Abstract Hash value plays a significant role in establishing the authenticity and integrity of data/evidence in the digital world particularly in Cryptography, Data Analyses and Forensic Imaging etc. Hash Value popularly known as Fingerprint of data is the crucialsingle
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DIGITAL AFTERLIFE – A LOOMING ISSUE OF DEALING WITH v Introduction “There are three kinds of death in this world. There's heart death, there's brain death, and there's being off the network.” – Guy Almes, Director of the Academy for Advanced Telecommunications and Learning Technologies, Texas A&M University.Read More
‘WILL YOU BE MY VALENTINE?’ There are just 1 days left to Valentine day. Valentine is a big occasion for young generation who is more netsavvy. The cyber crime instances targeting valentine day is going to take big proportion in coming days because cyber criminalsRead More
CENSORING THE UNCENSORABLE WHAT IS THE FUSS ABOUT?The statement of Kapil Sibbal regarding censoring online content has recently come to the fore of public debate. The World Wide Web has long been heralded as the great equalizer of information. Indeed, this incredible mediumRead More
BLOWING THE WHISTLE
Abstract: Corruption has become a global malaise and for its eradication, “Whistle Blowing” laws have been enacted by U.K., U.S.A. and Australia. Corrupt practices violate human rights and basic freedom and affect the development of a Nation. This Article examinesRead More
DABBA TRADING GOES ONLINE "Crooks are getting smarter and technology is getting more advanced, and this makes the crook ahead of the police in the game” The innovation of new technology not only allow to devise the new means of working and after eachRead More
PHISHING SCAMS IN INDIA AND LEGAL PROVISIONS The media runs stories on an almost daily basis covering the latest bank to have their customers targeted and how many victims succumbed to the attack. It may be you too. Suppose, one day you open youremail, and found
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PLEA BARGAINING- A NEW DEVELOPMENT IN THE CRIMINAL JUSTICE “Plead Guilty and bargain Lesser Sentence” is the shortest possible meaning of Plea Bargaining. In its most traditional and general sense, “plea bargaining” refers to pre-trial negotiations between the defendant, usually conducted y the counsel and the prosecution, during whichRead More
CYBERSPACE-A NEW FRONT OF WAR The incidents of war happened in the real world is mirrored in cyber space, given the recent incidents of hacking of government websites by state or non state group of hackers for political, military, espionage purposes. As the world becomesRead More
FIR IN CYBER SQUATTING: MISINTERPRETATION OF IT ACT Recently, a FIR has been lodged by the Economic Offences Wing of the Delhi Police on the complaint of the President Secretariat citing a copy of an article published in the Economic Times, dated November 29, 2009, which allegedly pertainedRead More
CYBER IMPOSTER CREATED FAKE PROFILE OF PRESIDENT OF INDIA IntroductionThe Social Networking Sites have become popular especially among the younger generation and most of the net users have their profiles in many popular networking sites among them the Face Book is the most popular and the largest social networkingRead More
FORENSIC ACCOUNTANT: RELIABILITY & ADMISSIBILITY AS EXPERT WITNESS Forensic Accounting Forensic accounting is a rapidly growing area of accounting concerned with the detection and prevention of financial fraud and white-collar criminal activities. George A. Manning in his book "Financial Investigation and Forensic Accounting" defines Forensic Accounting as theRead More
LEGISLATION TO PROTECT INDIVIDUAL PRIVACY The Right to privacy is recognition of the individual's right to be let alone and to have his personal space inviolate. India does not have a constitutional right to privacy, although the courts have found an implicit right to privacyRead More
SEBI SHOULD PROMOTE TRANSPARENCY IN BOURSES BY IMPLEMENTING RTI BackgroundIn order to promote transparency and accountability in administration, the Legislature enacted the Right to Information Act, 2005 which came into force on 12 October 2005. The Act empowers Indian citizens to seek information from a Public Authority, thus makingRead More
STATE CANNOT CLAIM SOVEREIGN IMMUNITY IN MOTOR ACCIDENT CASES-SAYS The already devastated legal heirs of deceased victim of the vehicle accident involving government vehicle now, no longer have to run from pillar to post to get compensation which is denied to them on the ground of government vehicle engagedRead More
THE LEGISLATIVE RESPONSE TO GROSSLY OFFENSIVE OR MENACING EMAILS The electronic communications has changed the way the world communicates and also the communication habit. The communication via SMS or electronic email manifests the freedom of speech and expression guaranteed by our constitution to every citizen ,Read More
PRYING EYES ON PRIVACY THROUGH PEEPING TOMS In an age of modern & revolutionized communication electronic equipments, the privacy of an individual is under siege. The video surveillance equipment has become smaller, more portable, more easily concealed and more accessible to the general public; its clandestineapplication
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VALENTINE DAY- AN IMPORTANT EVENT ON THE CYBER CRIMINALS’ “Love on Valentine day can not only leave you with a broken heart but broken/infected computer also”, jokingly said Mr. Neeraj Aarora, a cyber law expert. It has now become customary, to send emails, e-cards and messages via internet toRead More
EX- DIRECTOR HELD LIABLE FOR MISAPPROPRIATION OF THE SOURCE A company was incorporated by some technocrats of the prestigious Indian Institute of Technology and other reputed technological institutions of India. The company dealt in all kind of software and program for use or applicable in telecommunication equipment andservices
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FAKE GOVERNMENT WEBSITE Recently, website with the URL address www.rvk.net.in, surfaced up in the cyberspace which claims itself to be the website of the “Rashtriya Vigyan Kendra” (which translates to national science centre) a Government Enterprise with Lucknow address. The said websitecontains
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SEARCHED ENGINE ALLEGEDLY HACKED BY IRANIAN HACKERS The most popular Web search engine in China, Baidu.com, was attacked by a group of hacktivists identifying themselves as the Iranian Cyber Army. The hackers hijacked the domain's DNS records and pointed it to a server under their control. BaiduRead More
THE CITIBANK HACKING TRACED VIA TRAFFIC ON ISPS PREVIOUSLY Though the CITIBANK and FBI are in denial mode, the Wall Street Journal (WSJ) suggests that the FBI is supposedly looking into a computer-security breach targeting Citigroup Inc. that resulted into tens of millions of dollars being siphoned from theRead More
MOBILE WITHOUT VALID IMEI NUMBER ARE A THREAT TO Mobile phones have grown to be indispensable to our life. It has done wonders to stay us connected 24x7. India is being recognized as the fastest growing mobile phone market in the world. However, the same mobile phones may alsoRead More
THE DOMESTIC VIOLENCE ACT- ARE THE FEMALE “RESPONDENT”? “I am the parliamentary draftsmanI compose the country's lawsAnd of half the litigation I am undoubtedly the cause” [As per Section 2 Clause (q) of DV Act, the Respondent means any adult male person whois or has been in
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IT AMENDMENT ACT, 2008 NOTIFIED W.E.F. 27/10/2009 The Information Technology (Amendment) Bill, 2008 (Bill No.96-F of 2008) was passed by the both houses of parliament on December, 2008 and received the accent of the president on 5th February, 2009. However, the Amendment Act had not yet comeRead More
GHAZIABAD CHANGING ROOM INCIDENT SHINES SPOTLIGHT ON VIDEO VOYEURISM The arrest of famous store room owner at Ghaziabad for allegedly planting secret camera to make clippings of the female customer while using the trial room has shown adverse impact upon our concept of privacy. The peeping cameras are becomingRead More
CYBER CRIMINAL ARRESTED THROUGH DIGITAL FOOTPRINT- AN EXCELLENT JOB There is lack of security culture amongst the user of computer, computer system, and computer networks. The same is evident from the recent report of Anoushka Shankar (daughter of the legendary music maestro Pandit Ravi Shankar) email hacked into byRead More
EMBEZZLEMENT OF TELEPHONIC MINUTES: A CASE STUDY ON DATA NET4INDIA Case: The present case pertains to online theft of prepaid internet telephony minutes belonging to the complainant company maintained on its server by one of its employees. The said employee unauthorisedly accessed the server containing the PINS of theRead More
DOCTRINE OF SOVEREIGN IMMUNITY -APPLICABILITY TO CLAIMS UNDER THE MOTOR VEHICLE ACT The Old and archaic concept of Sovereign immunity that "King can do no wrong" still haunts us, where the state claim immunity for its tortious acts and denies compensation to the aggrievedRead More
ACQUISITION OF COMPANY: MAY FELL INTO THUG TRAP Non-compete clause as central theme and luring clause to cheat the buyer company The Non-Compete clause in acquisition of high stake business forms a central and most important clause in which buyers insist that Sellers enter into an obligation notRead More
CBI TAKING THE LEAD ROLE IN FIGHTING SOFTWARE INFRINGEMENT "The modern thief can steal more with a computer than with a gun" - National Research Council, "Computers at Risk", 1991. With the growth of e-commerce, the security of the database to prevent the improper disclosure/copying of information to unauthorizedRead More
MONEY CIRCULATION SCHEME OR MONEY CHEATING SCHEME Money Circulation Schemes throughout the nation is mushrooming under different guises and nomenclature, eating away monies of the gullible public by luring them to become rich overnight through money circulation schemes. This kind of cheating under various attractivecaptions have
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BLATANT MISUSE OF INFORMATION TECHNOLOGY ACT The blatant misuse of penal provision by the law enforcement agencies due to ignorance of law is not new. The same is true with technical legislations like Information Technology Act, 2000. As per the mandate of the IT Act, 2000,Read More
UNIQUE CASE OF EXTORTION THROUGH INTERNET ACCUSED EXTORTING MONEY THROUGH INTERNET ARRESTED ! EXTORTIONIST CLAIMED TO BE AMEMBER OF SOME DUBAI BASED HALALA GROUP ! DEMANDED RS. 2.2 CRORES AS PROTECTION MONEY THROUGH E-MAIL ! The Police in its effort to crackdown on 'Crimes of Persuasion',Read More
CASE STUDY OF BPO DATA THEFT CASE EX-EMPLOYEES INVOLVED IN DATA THEFT FROM CALL CENTRES ARRESTED ! ROUTED PROPRIETARY COMPANY DATA THROUGH THEIR OWN PARALLEL COMPANY ! CAUSED LOSSES TO COMPANY OF OVER Rs 3.3 CRORES ! The Police in its effort to crackdown on clandestine theftRead More
FRAUDULENT ONLINE SHARE TRANSACTIONS BY HACKING Certain unknown persons executed fraudulent trade by selling a call option of 5500 shares of BEL Ltd. in the trading code of CM01 allotted by the broker M/s CMA Securities Pvt. Ltd. in the name of Shri M. K.Chopra.
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CYBER CRIMES- LOW CONVICTION RATE The growth of the Internet and ecommerce has been phenomenal, so is the growth of the cyber crimes. Computers today are being misused for illegal activities like hacking, credit card fraud, transmitting obscene message or photos, spam’s, software piracy etc;Read More
THE RECENT AMENDMENTS TO THE CR.P.C., DILUTING THE POWER NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), CFE (USA) The Code of Criminal Procedure (Amendment) Bill, 2008 was passed in both the Houses of the parliament hurriedly without any meaningful debate and has been given nod by the Hon'ble theRead More
CYBER TERRORISM- A BROADER CONCEPT NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), CFE (USA)IntroductionCyber terrorism is an evolving concept, a striking realty in the wake of terrorist strikes that has taken place around the globe more particularly the recent Mumbai terrorist strikes. There is noRead More
HI-TECH PEEPING TOMS- A MAN WITH TINY DIGICAM HAD NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), CFE (USA)  A new phenomenon of video voyeurism also known as “cyber peeping†has emerged in recent times where images of private area of an individual are captured without his knowledge andRead More
SOFTWARE USER PIRACY- ISSUES NEERAJ AARORA,AICWA, LLB, PGD (Cyber Law), CFE (USA) Â Nowadays, software has become an indispensable part of our day to day life, running everything in the digital world from our PCs to the internet. It is definitely the most valuableRead More
“EVERY MAN’S HOUSE IS HIS CASTLE: RIGHT TO PRIVACY NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), CFE (USA) Privacy is a fundamental human right that has become one of the most important rights of the modern age. The right to privacy and the power of theState to encroach
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CLASSIFICATION OF OFFENCES UNDER THE INFORMATION TECHNOLOGY LAW NEERAJ AARORA, AICWA, LLB, Law PGD (Cyber), CFE (USA) Classification of offences under the Information Technology Law Whether an offence other than those prescribed under the Indian Penal Code i.e. special acts is cognizable/bailable or otherwise has to be decidedRead More
A BIRDS EYE VIEW OF THE PROPOSED AMENDMENT TO NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) The Information Technology (Amendment) Bill, 2006 seeks to amend the Information Technology Act, 2000. Technology neutral (Section 15): The welcome step in the proposed amendment is the attempt to make theRead More
THE USE OF INTERNET TECHNOLOGY- A THREAT TO THE NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) The use of the Internet for communicating and transacting with customers has been growing rapidly in the worldwide tourism & hotel industry. There has been rapid increase in the online bookingRead More
PHISHING- THE INTERNET AGE CRIME NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) The media runs stories on an almost daily basis covering the latest bank to have their customers targeted and how many victims succumbed to the attack.It may be you too.
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EMAIL COMMUNICATION “ A THREAT TO THE CORPORATE CONFIDENTIAL NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) The internet has now become an essential business communication resource in the corporate world. Email has revolutionized how the corporate world communicates. Now more than 50 % of all business communicationsRead More
OPEN WI-FI NETWORK- VULNERABLE TO ABUSE NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) Suddenly, the word Wi-Fi has become popular for all the wrong reasons. Wi-Fi also known as 802.11 networking is short for wireless fidelity which is used to access internet. It hasRead More
FAKE SOCIAL NETWORKING PROFILES STILL BIG PROBLEM- WHAT TO NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) Online social networks have rapidly increased in popularity, especially over the past couple of years. Social networking sites are popular because they easily allow you to find, connect with, and developRead More
GROWTH IN E-COMMERCE – TOP DOT CONS NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) The growth of the Internet and ecommerce has been phenomenal. Unfortunately, but not surprisingly, the boom in ecommerce has created fertile ground for new schemes of fraud, known as cyber frauds.Read More
IDENTITY THEFT OR IDENTITY FRAUD NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) A major growing problem world over due to IT revolution is identity theft which has been referred to as the crime of the new millennium. Identity theft isthe stealing and
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REGULATING CHILD PORNOGRAPHY ON COMPUTER-LEGAL ISSUES NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) Child pornography is one of the fastest growing online businesses generating billions of billions US $ each year, thanks to the computer technology which has transformed the production of child pornographyRead More
SMISHING SCAM- A NEW AGE CRIME NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) A new word has been added to the cyber crime lexicon, "SMiShing" which is another variant or cousin brother of Phishing. Now not only computers are alone susceptible to online attacks.Read More
SECURITIES FRAUD- DABBA TRADING- APPLICABILITY OF CRIMINAL STATUTE NEERAJ AARORA, AICWA, LLB, PGD (Cyber Law), ACFE (USA) "Dabba Trading" also known as "Bucketing" is the process used by brokers to route their client's trades outside the Stock/Commodity exchange. In such trading, the broker either does not execute anyRead More
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