#Section 354D

[legalstudiesin1]

"Understanding Section 354D IPC: Stalking Offenses and Legal Consequences"

Introduction Section 354D of the Indian Penal Code (IPC) addresses the issue of stalking, which is a form of harassment that involves persistent and unwanted pursuit of another individual. The provision aims to protect individuals from the distress and fear caused by such behavior. It defines the offense of stalking and outlines the legal consequences for those found guilty of engaging in this…

[cyber-crime-lawyer-in-delhi]

Legal Punishment for Cyberbullying: Advocate Deepak’s Insights on Combating Digital Harassment

Cyberbullying has emerged as a critical social issue in the digital age, with its consequences often leaving victims devastated emotionally, mentally, and socially. With the proliferation of online platforms, the need for stricter laws and robust enforcement mechanisms has become indispensable. Legal frameworks worldwide have started recognizing the severity of cyberbullying and imposing stringent punishments to deter this malicious behavior. Advocate Deepak, renowned for his expertise in cyber law, sheds light on the legal landscape surrounding cyberbullying and the remedies available to victims.

Understanding Cyberbullying and Its Impact

Cyberbullying involves the use of digital platforms, such as social media, messaging apps, or email, to harass, intimidate, or harm individuals. Unlike traditional bullying, cyberbullying transcends physical boundaries, making it pervasive and persistent. The anonymity offered by online platforms often emboldens perpetrators, exacerbating the problem.

Forms of Cyberbullying

Cyberbullying can take many forms, including:

Trolling: Posting inflammatory comments to provoke emotional responses.

Doxing: Publishing private or identifying information about someone without consent.

Cyberstalking: Repeated, unwanted online attention that instills fear.

Impersonation: Creating fake profiles to malign or defame someone.

Outing and Demeaning Content: Publicly sharing sensitive or embarrassing information.

The consequences of cyberbullying are profound, affecting mental health, personal relationships, and even professional opportunities. Legal systems around the world are adapting to address these challenges effectively.

Legal Framework for Cyberbullying in India

India has seen a sharp rise in cyberbullying cases, prompting the development of specific laws under its broader cybercrime framework. Advocate Deepak emphasizes that India’s legal system provides multiple avenues for addressing cyberbullying through statutes like the Information Technology (IT) Act, 2000, and the Indian Penal Code (IPC), 1860.

Key Provisions of the IT Act, 2000

Section 66A (repealed): Previously penalized sending offensive messages electronically.

Section 66C: Addresses identity theft and impersonation, imposing fines and imprisonment.

Section 66E: Penalizes the capture and publication of private images without consent.

Section 67: Prohibits the distribution of obscene material electronically.

Relevant Sections of the IPC

Section 354D: Criminalizes stalking, including online stalking.

Section 499 and 500: Address defamation through digital or traditional mediums.

Section 503 and 506: Penalize threats and criminal intimidation, which extend to cyberbullying cases.

Legal Punishment for Cyberbullying in India

Advocate Deepak outlines the specific punishments under Indian law for acts constituting cyberbullying:

Imprisonment: Depending on the severity, cyberbullying offenders can face imprisonment ranging from six months to three years under different provisions of the IT Act and IPC.

Fines: Monetary penalties often accompany imprisonment, with fines going up to ₹2 lakh for specific offenses.

Rehabilitation Orders: In severe cases involving minors, courts may mandate rehabilitation instead of punitive measures.

The legal system also allows victims to seek compensation for damages caused by the perpetrator’s actions. Advocate Deepak advises victims to preserve evidence, such as screenshots and chat logs, to strengthen their cases.

Global Legal Perspectives on Cyberbullying

India is not alone in its fight against cyberbullying. Countries worldwide have introduced stringent laws to combat this digital menace. Advocate Deepak highlights some examples:

United States

Cyberbullying laws in the U.S. vary by state. For instance, California’s Cyber Harassment Law imposes fines and jail time for online threats and harassment. The Children’s Online Privacy Protection Act (COPPA) safeguards minors’ online activities.

United Kingdom

The Malicious Communications Act, 1988, and the Communications Act, 2003, penalize sending offensive or threatening messages. The Online Safety Bill further strengthens regulations around online bullying.

Australia

Under the Enhancing Online Safety Act, 2015, the eSafety Commissioner can issue take-down notices for harmful content and impose penalties on offenders.

Canada

Canada’s Criminal Code addresses cyberbullying through provisions on harassment, defamation, and distribution of intimate images without consent.

These international frameworks underline a common global understanding: cyberbullying is a grave offense requiring decisive action.

Role of Advocate Deepak in Fighting Cyberbullying

As a seasoned expert in cyber law, Advocate Deepak has played a pivotal role in advocating for victims of cyberbullying. He emphasizes the importance of public awareness, legal literacy, and proactive measures to prevent and combat cyberbullying.

Services Offered by Advocate Deepak

Legal Consultation: Providing guidance on filing complaints and understanding rights under Indian law.

Evidence Collection: Advising victims on preserving digital evidence for court proceedings.

Representation in Court: Ensuring victims receive justice by prosecuting offenders effectively.

Awareness Campaigns: Educating communities about cyberbullying and its legal repercussions.

Advocate Deepak’s empathetic approach and deep understanding of cyber law have made him a trusted ally for individuals seeking justice.

Preventing Cyberbullying: A Collective Responsibility

Legal punishment for cyberbullying acts as a deterrent, but prevention is equally crucial. Advocate Deepak stresses the importance of a holistic approach, involving individuals, families, educational institutions, and policymakers.

Steps Individuals Can Take

Strengthening Privacy Settings: Restrict access to personal information on social media.

Reporting Abuse: Use in-platform reporting tools to flag inappropriate behavior.

Seeking Help: Consult legal experts or support groups when faced with cyberbullying.

Role of Schools and Colleges

Educational institutions must integrate digital literacy programs into their curricula to educate students about responsible online behavior and the consequences of cyberbullying.

Government Initiatives

Governments can launch awareness campaigns, establish dedicated cybercrime helplines, and ensure the swift enforcement of laws.

Conclusion

Cyberbullying is a complex issue that demands a multi-pronged approach. Legal punishment for cyberbullying serves as a strong deterrent, sending a clear message to perpetrators about the consequences of their actions. Advocate Deepak’s unwavering commitment to combating cybercrimes ensures victims receive the justice they deserve while fostering a safer digital environment for all.

By raising awareness, strengthening laws, and promoting responsible online behavior, society can collectively combat the menace of cyberbullying. Remember, the fight against cyberbullying starts with each one of us. Advocate Deepak continues to lead the charge, inspiring hope and resilience in the face of digital adversity.

Contact Advocate Deepak Today

If you’re dealing with a cybercrime issue in Noida, don’t wait. Advocate Deepak is here to provide the legal support you need. With his expertise, you can rest assured that your case is in capable hands.

Contact Number: +91-7303072764 Office Location: Noida, Uttar Pradesh

Take the first step towards justice today with Advocate Deepak, the top advocate for cybercrime cases in Noida. Let his expertise be your shield against the ever-growing threat of cybercrime.

Vist:https://bestcybercrimelawyer.in

[lawzapo-legal]

How to deal with harassment, and stalking by co workers and bosses who keep trespassing the workspace by action and speech for cajoling and harassing?

You should file case against your organisation heads under section 354, 354A, 354B, 354C, And 354 D for gang stalking and harassment, and also you can also sue u/s 509 of Indian penal code also for intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman.

Section 354A, Indian Penal Code talks about sexual harassment, and the guilty gets a punishment upto 3 years in acse of physical harassment, and upto one year in case of making sexually coloured remarks.

Section 354B, Indian Penal Code talks about assault or use of criminal force to woman with an intent to disrobe and guilty gets an imprisonment with a term which may extend upto seven years., and is liable for fine.

Section 354C, Indian Penal Code talks about voyeurisn and guilty gets a punishment for upto three years, and is liable for fine.

Also there are adverse consequences in case of fake sexual harassment allegations

Voyeurism is an act where any man watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person.

Section 354D, Indian Penal Code talks about stalking, and the gulty gets a punishment for upto three years, and is liable for fine.

Reference Laws: Section 354, 354A, 354B, 354C, and 354D - Indian Penal Code

[best-legal-directory-of-india]

Hacking and Unauthorized Access: This involves unauthorized access to computer systems or networks, often aimed at stealing sensitive data. Section 43 of the IT Act deals with unauthorized access, imposing penalties on individuals who gain access to systems without permission.

Cyber Fraud and Financial Scams: Online frauds, including phishing, credit card fraud, and identity theft, are among the most common cybercrimes in India. Section 66C of the IT Act deals with identity theft, while Section 66D addresses cheating by personation using computer resources.

Cyberstalking and Harassment: Stalking and harassment in the digital space have become increasingly prevalent, especially against women. Section 354D of the IPC criminalizes cyberstalking, ensuring punitive measures against offenders.

Cyber Terrorism: Given the increasing global reliance on the internet, cyberterrorism poses a serious threat to national security. Section 66F of the IT Act defines cyberterrorism and prescribes severe penalties, including life imprisonment.

Data Theft: With the value of personal data on the rise, data theft is becoming more common. Section 43(b) of the IT Act penalizes individuals for downloading, copying, or extracting data without the owner’s consent.

Obscenity and Pornography: The creation, distribution, and access of obscene content online, especially child pornography, is addressed under Sections 67, 67A, and 67B of the IT Act, with stringent punishments.

[legalupanishad]

Photography Laws in India: Complete Guide for Photographers

This article on 'Photography Laws in India: Complete Guide for Photographers' was written by Akash Sharma an intern at Legal Upanishad.

Introduction

"A pause button of life that brings all our visualizations back in front of us is what photography is all about."  At present with the enhancement of technology, we have reached an era where photography has been empowered to reach new heights. Today the scope of photography is not just limited to the art of making memory tangible for personal pleasure but rather it has been taken very seriously for professional work and which makes it essential to have rights over such professional work. The article reaches to various legal rights that the nation has provided in the field of photography and the measures that are taken for its safeguarding if a scenario of infringement occurs along with the suggestions which could make these legal rights more effective and efficient in the making the nation a better place in the realm of photography.

Photography: Concept

Photography serves as a remarkable medium to capture and preserve our emotions and experiences within the confines of a rectangular piece of paper. Art, science, and practice of capturing light or other forms of electromagnetic radiation to create enduring images is what Photography is all about. There are two approaches by which the process could be accomplished, the first involves chemical processes utilizing light-sensitive materials while the other relies on electronic techniques employing image sensors. Compared to the early days of photography when it first emerged, marked by the invention of the Camera Obscura and the groundbreaking capture of the first permanent photograph titled "View from the Window at Le Gras" by French inventor Joseph Nicéphore Niépce in 1826 using the heliography process, the field of photography has significantly transformed in the present era. Technological advancements have greatly enhanced the processing capabilities and possibilities within the realm of photography. As technology and professionalism have advanced, ensuring the protection of rights over photographs has become a crucial necessity to ensure the security and well-being of the subjects captured by photographers. Therefore, recognizing the importance of this matter, legal frameworks have been established both globally and within individual nations to enhance and safeguard the rights associated with the artistic work of capturing photographs.

Applicable Photography laws in India

With the enhancement of technology, photography becomes more accessible, yet it brings forth legal challenges concerning intellectual property and privacy. Misunderstandings often arise regarding photo ownership, the rights of subjects, and acceptable usage. It is crucial to understand the foundational principles of photography laws in India and regulations. To address these concerns, various laws and rights have been established to safeguard photographs. The Copyright Act 1957 - Photography laws in India are governed by various provisions and landmark cases. The Copyright Act, of 1957 protects photographers' rights over their images. Under the Copyright Act of 1957 in India, photographs are recognized and safeguarded as artistic works according to Section 2(c). However, it is imperative for the photograph to be considered original in order to receive such protection.  IPC, 1806 - The Indian Penal Code of 1860 encompasses provisions pertaining to privacy and defamation, which can be relevant to photography. Sections 499 and 500 specifically address the offense of criminal defamation, while Sections 354C and 354D address the privacy concerns of women, including issues related to voyeurism and stalking. These provisions serve as legal safeguards in the context of photography and related violations. Right to Privacy - In a significant ruling known as the "Privacy Case" or "Justice K.S. Puttaswamy (Retd.) v. Union of India," the Supreme Court of India declared the right to privacy as a fundamental right protected by the Indian Constitution in 2017. This landmark judgment has significant implications for photography and the safeguarding of individuals' privacy in the country. Artist rights - Photographers in India enjoy moral rights under the Copyright Act. Section 57 of the Act provides them with the right to be recognized as the creators of their photographs and the ability to object to any modifications that could potentially harm their reputation. These rights protect the integrity of their work and ensure that their authorship is acknowledged and respected.

Infringement and Landmark Judgements related to Photography Laws in India

Infringement of photography laws in India occurs when actions violate copyright, privacy, or other relevant regulations. This includes unauthorized use, reproduction, distribution, or modification of photographs without proper permissions or licenses, as well as capturing images in restricted areas, invading privacy, or using photos in a defamatory manner. Infringement can result in legal consequences, such as civil liabilities or criminal charges. Respecting and complying with photography laws in India is essential for ethical and lawful practices. Some of the notable major landmark cases include – Cadbury India Ltd. v. S.M. Dyechem established that visual similarity can lead to the infringement of artistic copyright. In the case of Kesari Maratha Trust v. Devidas Tularam Bagul, the Bombay High Court ruled that publishing photographs without the photographer's permission by copying them from another published source constitutes copyright infringement. However, it was clarified that individuals other than the photographer can use the photograph without malicious intent to profit, such as for educational, research, and judicial purposes. In the case of Fairmount Hotels Pvt. Ltd. vs. Bhupender Singh, the Delhi High Court acknowledged copyright protection for photos on Facebook and ruled in favor of the Plaintiff. This highlights the importance of recognizing copyright on social media platforms and respecting photographers' rights.

Registration of Copyright

Photography in India is automatically protected by copyright upon creation, but registering with the Copyright Office offers additional benefits. It is a voluntary process, providing stronger legal claims. The application includes details like title, author/photographer's name, and creation date. Registration provides evidence of ownership, aids in legal disputes, and enables the filing of infringement lawsuits. Copyright generally lasts the author's lifetime plus 60 years. Indian registration extends protection to other countries through international copyright treaties like the Berne Convention.

Suggestions

Efforts are underway to strengthen and enhance legal rights in the field of photography. To further improve their effectiveness and efficiency, several measures can be considered. These include establishing clear guidelines on privacy to balance the rights of photographers and individuals, enhancing copyright education and enforcement, streamlining the copyright registration process for photographs, exploring digital rights management mechanisms, fostering collaboration with industry stakeholders, and conducting regular reviews of laws to keep pace with technological advancements and evolving practices. These steps would contribute to a more robust legal framework for protecting the rights of photographers in the nation.

Conclusion

In conclusion, photography in India is subject to a range of legal rights and regulations. Copyright law automatically safeguards photographs upon creation, and registration offers additional advantages. Privacy laws address consent and photography in public and private spaces, while the recognition of the right to privacy by the Supreme Court strengthens individuals' protection. Artists' rights ensure photographers are acknowledged as authors and can object to harmful modifications. Drone regulations and intellectual property laws also impact photography. Adherence to these legal rights and staying informed about any updates are crucial for photographers to maintain ethical and lawful practices

Reference:

Asia Jasmine, "Law relating to Photography and Rights of Photographers over content", Legal Desire, 15 May 2021, available at: https://legaldesire.com/law-relating-to-photography-and-rights-of-photographers-over-content/ (last visited – July 13, 2023)  "What Photographers Need to Know about Copyright Protection in India?", Kashish IPR, 29 January 2020, available at: https://www.kashishipr.com/blog/what-photographers-need-to-know-about-copyright-protection-in-india/#:~:text=InIndiaphotographsareprotected,photographcanalsobeprotected (last visited – July 13, 2023) Read the full article

[kashmirmonitor]

Srinagar youth arrested for harrasing college girl

Srinagar: One city based youth was arrested for ‘continuous online harassment of a college girl’. “One accused namely Tabish Rashid Ganie S/o Ab Rashid Ganie R/o Shamswari khankha moula Srinagar arrested for continuous online harassment of a college girl (name withheld). FIR no 64/2023 under sections 354,354A,354D, 506, 509 of IPC registered in Nishat PS,” Srinagar Police said in a tweet.

[newnewz]

Wrestlers' sexual harassment case: Delhi court summons Brij Bhushan on July 18 

Taking cognisance of the charge sheet, Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal directed Singh to appear before the court on July 18.

NEW DELHI: A Delhi court on Friday summoned BJP MP and outgoing WFI chief Brij Bhushan Sharan Singh in a case of alleged sexual harassment of women wrestlers and said there was sufficient evidence to proceed against him.

Taking cognisance of the charge sheet, Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal directed Singh to appear before the court on July 18.

The court also summoned Vinod Tomar, suspended assistant secretary of the Wrestling Federation of India.

It directed the SHO of Connaught Place Police Station to execute the summons against both the accused.

The judge said he was giving a short date, noting that both the accused reside in Delhi.

Delhi Police had filed the charge sheet against the six-time MP Singh on June 15 under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of the IPC.

Tomar was charged with offences under sections 109 (abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment), 354, 354A and 506 (criminal intimidation) of the IPC.

Besides the present case, another FIR was filed against Singh pursuant to the allegations made by a minor wrestler which was registered under the Protection of Children from Sexual Offences (POCSO) Act.

She was among the seven female grapplers who had accused Singh of sexual harassment.

Both the FIRs mentioned several alleged instances of sexual harassment like inappropriate touching, groping, stalking and intimidation by Singh at different times and places over a decade.

In the minor’s case, the court had on July 4 sought a response from the girl and the complainant on the final report filed by Delhi Police seeking cancellation of the case against Singh for alleged sexual harassment.

Delhi Police had on June 15 submitted the report seeking cancellation of the FIR filed with regard to the allegation of sexual harassment against Singh.

A cancellation report is filed in cases where police fail to find corroborative evidence after due investigation.

In a startling admission, the father of the minor wrestler had told PTI that he and his daughter had filed a “false” police complaint of sexual harassment against Singh because they wanted to get back at him for perceived injustice against the girl.

Singh has been questioned by the police twice so far, and on both occasions, he denied all the allegations against him and claimed he was “framed”.

The cause of the women wrestlers was taken up by decorated grapplers like Olympic medallists Bajrang Punia and Sakshi Malik, and Asian Games champion Vinesh Phogat.

The protest by celebrity grapplers drew support from a host of opposition parties and farmer organisations.

[wiseedition]

WFI chief sexual harassment case: Delhi Police likely to submit investigation report today

Seven women wrestlers had submitted a complaint of sexual harassment at the Connaught Place police station in Delhi against the WFI chief on April 21.

NEW DELHI: DELHI Police will most likely submit its investigation report on Thursday at a local court in the sexual harassment case filed against Wrestling Federation of India chief Brij Bhushan Sharan Singh.

Sources privy to the investigation told this newspaper that the police have acquired some videos and chats related to the case, which they will submit before the court, along with the testimonies of over 150 witnesses.

On whether a charge sheet will be filed by the police, the source without mentioning any specific date said that Police Commissioner Sanjay Arora has reviewed the progress of the investigation and given his approval to proceed with the report.

Seven women wrestlers had submitted a complaint of sexual harassment at the Connaught Place police station in Delhi against the WFI chief on April 21. The police, after the Supreme Court’s intervention, registered two FIRs on April 28. The wrestlers had already threatened that if Singh is not arrested then they would relaunch their protest.

The first FIR has been registered under the POCSO Act along with relevant sections of the IPC. It has been filed based on the allegations of a minor. The second FIR has been registered based on complaints filed by the wrestlers under relevant sections pertaining to outraging of modesty.

There are reports that the police are in touch with wrestling federations of at least five countries and have sought whatever evidence possible.

Both the FIRs, which were accessed by this newspaper, reveal the horrific experiences which the women wrestlers, including a 17-year-old minor girl, were facing in the presence of Singh.

The FIR in the case of the minor wrestler was lodged on the complaint of her father under sections 354 (Assault of criminal force to woman with intent to outrage her modest), 354A ( Sexual harassment and punishment for sexual harassment.) 354D (Stalking) and 34 (common intention) of the IPC and relevant sections of the POCSO Act.

However, in what could be seen as a major twist in the case, the father of the minor wrestler recently came forward and claimed that he had lodged a ‘false’ complaint of sexual harassment against Singh following the latter’s impartial treatment towards his daughter.

The father, while speaking to this newspaper, said that he got infuriated after his daughter failed to qualify for the final trials in 2022 of the Asian Championship.

The police even served separate notices under section 91 of the Code of Criminal Procedure to the victim women wrestlers and asked them to provide photos, audio, and video as evidence for their allegations.

[appbazar]

Subsequent to the intervention of the Supreme Court, the Delhi Police had registered FIRs against Brij Bhushan Singh. The FIR has been registered under the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 354, 354A & 354D of the Indian Penal Code, 1860 (IPC).

[cyber-crime-lawyer-in-delhi]

Legal Remedies for Cyber Crime in India – Advocate Deepak

The digital age has revolutionized communication, business, and entertainment but has also given rise to cyber crimes that pose significant risks to individuals, businesses, and governments. With the increasing dependence on technology, cyber crimes like hacking, phishing, identity theft, and data breaches have become common threats. Advocate Deepak, a prominent legal expert in India, provides comprehensive legal guidance and effective solutions to combat such issues. This blog delves into the legal remedies for cyber crime in India while highlighting the expertise of Advocate Deepak in navigating complex cases.

Understanding Cyber Crime in India

Cyber crime encompasses illegal activities carried out using the internet or digital devices. These offenses include unauthorized access to systems, online fraud, defamation, cyberstalking, child pornography, and more. The Information Technology (IT) Act, 2000, and various sections of the Indian Penal Code (IPC) provide a robust legal framework to address such crimes.

Common Types of Cyber Crimes in India

Hacking: Gaining unauthorized access to a computer system or network to steal or manipulate data.

Phishing: Fraudulently obtaining sensitive information by pretending to be a trustworthy entity.

Cyberstalking: Harassing or intimidating someone online through continuous messaging or social media.

Identity Theft: Stealing personal information for financial gains or illegal purposes.

Online Fraud: Deceptive activities such as fake online shopping websites or phishing scams.

Defamation: Publishing false and damaging statements about someone on digital platforms.

Advocate Deepak emphasizes the importance of understanding these crimes to take timely action. He guides victims toward obtaining justice using the legal remedies for cyber crime in India.

Legal Framework Addressing Cyber Crime in India

The Information Technology (IT) Act, 2000

The IT Act is India’s primary legislation to tackle cyber crimes. It provides legal recognition to electronic records and prescribes penalties for cyber offenses. Advocate Deepak frequently leverages this act in cases involving:

Section 66: Addresses hacking and prescribes penalties, including imprisonment and fines.

Section 67: Penalizes publishing or transmitting obscene content electronically.

Section 69: Grants authorities the power to intercept, monitor, or decrypt information for national security.

Indian Penal Code (IPC), 1860

Several sections of the IPC complement the IT Act in addressing cyber crimes. These include:

Section 419 and 420: Punishing online fraud and cheating.

Section 500: Addressing online defamation.

Section 354D: Penalizing cyberstalking.

By combining the IT Act with the IPC, Advocate Deepak ensures that victims receive comprehensive legal protection under the legal remedies for cyber crime in India.

Remedies Available to Victims of Cyber Crime

Filing a Complaint

Victims of cyber crimes can file complaints at their nearest cyber crime cell or online through the National Cyber Crime Reporting Portal (cybercrime.gov.in). The process involves:

Submitting a written complaint.

Providing evidence such as screenshots, emails, or transaction details.

Ensuring that the complaint includes relevant sections of the IT Act and IPC.

Advocate Deepak assists his clients in drafting precise and effective complaints, ensuring swift legal action.

Seeking Compensation

Victims can claim compensation for financial losses or damages caused by cyber crimes under:

Section 43A of the IT Act: Holds organizations liable for data breaches due to negligence.

Consumer Protection Act, 2019: Addresses cases involving online shopping fraud or service deficiencies.

Legal Actions Against Offenders

The IT Act and IPC allow authorities to arrest and prosecute cyber criminals. Advocate Deepak ensures that offenders are held accountable, safeguarding his clients' interests.

Advocate Deepak’s Expertise in Cyber Crime Cases

Advocate Deepak, a renowned legal professional, specializes in cyber crime litigation. His vast experience and in-depth knowledge of the legal remedies for cyber crime in India make him a trusted ally for individuals and organizations seeking justice.

Key Strengths of Advocate Deepak

Proactive Case Handling: From filing complaints to representing clients in court, Advocate Deepak offers end-to-end legal support.

Tailored Solutions: He devises strategies based on the specifics of each case, ensuring effective resolution.

Educational Initiatives: Advocate Deepak conducts workshops to educate people about cyber laws and preventive measures.

By staying updated on emerging trends in cyber crimes, Advocate Deepak ensures his clients are always a step ahead in legal proceedings.

Preventive Measures Against Cyber Crime

While legal remedies are essential, prevention is better than cure. Advocate Deepak recommends the following precautions to minimize cyber threats:

Use Strong Passwords: Ensure passwords are complex and unique.

Enable Two-Factor Authentication: Add an extra layer of security to accounts.

Avoid Suspicious Links: Do not click on links from unknown sources.

Secure Devices: Use updated antivirus software and firewalls.

Stay Informed: Keep abreast of common cyber threats and scams.

Advocate Deepak often emphasizes that combining preventive measures with a robust understanding of legal remedies for cyber crime in India is the best approach to ensure online safety.

Challenges in Combating Cyber Crime in India

Despite a well-established legal framework, challenges persist in combating cyber crime, including:

Jurisdictional Issues: Crimes committed across borders complicate legal proceedings.

Lack of Awareness: Many victims are unaware of their rights and remedies.

Insufficient Resources: Limited infrastructure and trained personnel hinder investigations.

Advocate Deepak advocates for greater investment in cyber forensics and public awareness campaigns to bridge these gaps.

Conclusion

The rise of cyber crimes in India calls for proactive legal action and heightened awareness. Understanding the legal remedies for cyber crime in India is crucial for victims seeking justice. Advocate Deepak’s expertise and commitment to protecting his clients make him a reliable ally in this battle. By combining legal measures, preventive actions, and public awareness, individuals and organizations can create a safer digital environment.

For expert guidance on cyber crime cases, connect with Advocate Deepak to safeguard your rights and navigate the complexities of cyber law with confidence.

Contact Advocate Deepak Today

If you’re dealing with a cybercrime issue in Noida, don’t wait. Advocate Deepak is here to provide the legal support you need. With his expertise, you can rest assured that your case is in capable hands.

Contact Number: +91-7303072764 Office Location: Noida, Uttar Pradesh

Take the first step towards justice today with Advocate Deepak, the top advocate for cybercrime cases in Noida. Let his expertise be your shield against the ever-growing threat of cybercrime.

Vist:https://bestcybercrimelawyer.in

[creative-pens]

Professor held for demanding sexual favours from student

“Preliminary investigation suggests that the harassment had been taking place since a month and half. He had been trying to initiate a dialogue and summon the students seeking sexual favours in exchange of passing them,” said Deputy Superintendent of Police (DSP) Amar Singh Rathore.

A 47-year-old Rajasthan Technical University associate professor, accused of blackmailing and demanding sexual favours from a student, and the victim’s male classmate who acted as a mediator were on Thursday arrested and sent to three-day police custody.

According to the police, after an FIR was registered on the basis of the student’s complaint, more students corroborated her version in their statements to the police.

“Preliminary investigation suggests that the harassment had been taking place since a month and half. He had been trying to initiate a dialogue and summon the students seeking sexual favours in exchange of passing them,” said Deputy Superintendent of Police (DSP) Amar Singh Rathore.

He added that the incident came to light after an audio of the professor’s conversation with another student went viral on social media in which the former can be heard making vulgar comments about the victim.

“We have arrested both the professor and the student who was the intermediary through whom the former would convey the messages to the girl students. We have recorded statements of two-three other students who are from the same class as the complainant and have said that they too faced the same harassment. Further investigation is underway,” said Rathore.

Police said a case has been registered against the duo for offences including under sections 354A (sexual harassment), 354D (stalking) and 384 (extortion) of the IPC.

“The university has suspended the professor and has also formed a committee to investigate the allegations,” said DSP Rathore. Read More on..

[certitude01]

RIGHTS OF WOMEN IN INDIA

India is a country that is notable for its rich and excellent practice and culture. Women have been given the spot of the goddess yet the previous few years have seen a gigantic expansion in the number of wrongdoings against women and the security and the wellbeing of women are by all accounts at a stake.

Each and every day a lady, a young lady, a young lady youngster, from all parts of life is attacked, attacked, disregarded, and denied of their privileges. The basic wrongdoings that happen in everyday life against women are attack, attack by spouse or family members, assault, settlement passing thus some more. The normal spots like the roads, public vehicles, public spaces, and office spaces have now become the spot of trackers for women in India.

WOMEN'S LEGAL RIGHTS IN INDIA: GENERAL RIGHTS EVERY WOMAN SHOULD KNOW

Article 354A accommodates lewd behavior and discipline for something very similar.

Article 354B accommodates attack or utilization of any power against women with the purpose to strip.

Article 354C accommodates Voyeurism

Article 354D accommodates the following.

Additionally, the meaning of Rape has been revised under segment 376.

Article 15(1) states that there will be no separation on the grounds of sex.

Article 15(3) states that the state can make an exceptional arrangement for the strengthening of women.

Article 16(2) gives that there will be no segregation and ineligibility on the grounds of sex for work.

Article 23(1) states that the dealing of people and constrained work ought to be precluded in all structures.

Article 39(d) states that the state should get equivalent compensation for equivalent work for the two people.

Article 39(e) gives that the state ought to guarantee that the wellbeing and the strength of the women are not mishandled and that they are not constrained by any monetary need to enter working environments that are unsatisfactory to their wellbeing.

Article 42 gives that the state will accommodate just and secure states of work for women and furthermore give maternity help.

Article 51-A(e) states that it is the obligation of each resident of India to revoke every one of the practices which are disdainful to the nobility of women.

Article 243-D(3) states that 33% of the all- out seats filled by direct political decision in the Panchayat ought to be held for women.

In spite of the fact that the Constitution of India ensures equivalent rights and assurance to women too, these rights and laws will be of no utilization until and except if the attitude of individuals changes against women. Discussing the privileges of Women in India, we consider both Constitutional as well as Legal Rights. The Constitutional Rights are those which are joined in the Constitution of India while the Legal Rights are those which have been fused as laws and demonstrations of the Parliament and State Legislatures.

                                       OTHER LAWFUL RIGHTS FOR WOMEN

 Security of women from any aggressive behavior at home under The Domestic Violence Act (2005), is a privilege ensured to women for insurance from any offense and viciousness from the spouse or any of his family members.

     Profane Representation of Women (Prohibition) Act 1986, accommodates the restriction of any revolting portrayal and portrayal of women in commercials, distributions, works, artworks, and so forth.

      Settlement Prohibition of Act 1961 denies the giving and the getting of share, previously or any time after the marriage from women.

   .  Maternity Benefit Act 1961, qualifies a lady for maternity leave and different advantages related with it.

    Muslim Women (Protection Rights on Divorce) Act 1986 accommodates the insurance of the privileges of Muslim women who are separated.

    Clinical Termination of Pregnancy Act 1971 accommodates the end of specific pregnancies by enrolled clinical experts on clinical and helpful grounds.

      Previously established inclination and Pre Natal Diagnostic Techniques Act 1994 (Prohibition of sex determination), disallows the choice of sex on or after origination request forestalls female foeticide.

    The Protection of Children from Sexual Offenses (POCSO) Act, 2012 was detailed to shield youngsters from sexual maltreatment and sexual misuse.

     Hindu Succession Act 1956, perceives the privilege of women to acquire any parental property similarly with men. The Amendment of 2005 gives the rights to the girls to acquire any hereditary property alongside the other male family members.

                                                    WOMEN’S RIGHTS RELATED TO PROPERTY

1.    Right to Ancestral Property:- It doesn’t matter whether a woman has a will or not mentioning the ancestral property on her name, she is entitled to the Ancestral property by virtue of her birth in the family. It can be claimed by her even after her marriage or even after her parents are not alive.

2.    Property bought before her marriage:- Property bought by a woman before her marriage is her property provided that it is purchased by her with her own funds. She has the whole right to alienate such property to anyone she wishes to without any restriction.

3.    Property in your name is your property:- Any property purchased in the name of a married woman by her husband becomes her absolute property as provided under Section 14 of the Hindu Succession Act.

4.    Right to Residence:- If the marriage doesn’t work out and the husband wants her married wife to leave the paternal home, even though the house belongs to him, his relative, or any other relative such eviction cannot be made.

5.    Right to Husband’s Property:- As a married woman, you are entitled to a share in the properties owned by your husband, whether these are movable or immovable, along with the other legal heirs, after his death.

6.    Married Women’s Property Act 1874:- This Act was brought in to protect a married woman's property from her husband, creditors, or any other relatives. Under this Act, the property of a woman cannot be attached in case of any liability incurred or tax owed by the husband.

7.    Life Insurance bought under MWP Act:- Under Section 6 of the Married Women's Property Act 1874, any life insurance policy brought under the protection of this Act ensures that the proceeds go to the wife and children. Hence, creditors cannot have the first claim over any proceeds from such protected policies.

GENERAL RIGHTS EVERY WOMAN MUST KNOW:

1.     Option to the free guide: This correct ensures that when a lady goes to a police headquarters, not joined by her legal advisor, she has the option to get a lawful guide and she should request it.

2.      Right to Privacy: A lady who has been assaulted has the privilege to record her assertion in private before the justice without being caught or in the presence of a woman constable.

3.     Right to no capture: A lady can't be captured after dusk and before dawn according to the Supreme Court administering. Just if the lady has carried out some genuine wrongdoing would she be able to be captured, if there is a letter recorded as a hard copy by the Magistrate expressing the justification for the capture.

4.     Right to Zero FIR: An assault casualty can enlist their police objection from any police headquarters under Zero FIR, according to the Supreme Court Ruling.

5.     Right to Confidentiality: By no means, can the character of the casualty be unveiled to people in general or the media. According to Article 228-An of the IPC, uncovering the character of the casualty to the public makes it a culpable offense.

ONGOING AMENDMENTS:

The assault that occurred on the sixteenth of December 2012, changed the whole lawful design of the laws administering the security and wellbeing of women. It carried another shape to the Criminal Act, it incorporates the accompanying:

CONCLUSION

The oppression women that exist will keep on existing in the public arena till the time individuals change their disposition towards women and begin treating them with similar rights as they treat men. Hence there is an absolute requirement for change in the reasoning and mindset of the men in the public eye.

[seemabhatnagar]

 "Bail granted to the acid attacker but with stringent conditions"

Naresh Kumar v. The State of Uttar Pradesh

Crl. Appeal: 3329/2023

Allowed by the Supreme Court of India yesterday on 30.10.2023

The Bench Comprising Hon’ble Mr. Justice Sanjay Kishan Kaul J &

Hon’ble Mr. Justice Sudhanshu Dhulia J

Fact:

The victim had filed an FIR alleging that the appellant had forcibly dragged her to an area, and had subsequently #thrownacid on her when she retaliated.

Bail Granted by Apex Court to the alleged accused of #AcidAttack

1.    The #ApexCourt #granted #bail to the alleged accused appellant who was in jail for more than a year and is charged for throwing acid on Govnt Servan posted as Lekhpal with the intention to kill her.

2.    Bail was also given for the reason that out of 7 witnesses, 4 #vital #privatewitnesses were already #examined

3.    However, Bail was given with terms and conditions and in case of any breach of the conditions given in bail or any other conditions imposed by the trial Court, the #trialcourt has the #rights to #cancel the bail granted to the appellant.

#Conditions of #Bail

1.    The appellant will #notenter #Agra where the complainant resides till the Court proceedings conclude, #except attending to the #Courtproceedings.

2.    The appellant shall not, in any manner, #come within the #vicinity of the #complainant.

Background

1.     Bail application was earlier moved before Allahabad High Court #rejected it.

2.     The Allahabad High Court in the impugned order rejecting bail had taken note of the #CCTVfootage collected during the investigation where the #accused was seen #chasing the #victim and even after some altercation, he continued to chase and threaten her and was also seen throwing certain liquid on her.

3.     During the course of trial, the FIR dated September 7, 2021 was lodged for offences u/s 354A, 354D, 353, 283, 504, 506 IPC.

4.     The accused allegedly made another attempt of acid attack on the victim for which charge-sheet was submitted under Section 326B, 354 and 506 IPC.

Submission of the Counsel of the Appellant

1.      It was contended that appellant is in fact innocent and was falsely implicated in the case.

2.     It was argued that in the injury report of the victim, no injury was found on her body.

3.     Therefore, no offence under Section 326-B I.P.C. is made out against him.

4.     Further that he is languishing in jail since September, 2022.

Earlier Allahabad High Court Rejected Bail Application

1.    The Allahabad High Court in the order while rejecting the bail application had observed, “Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, severity of punishment and also considering the repeated offence of the applicant against the victim, who is a government servant, I do not find any good ground to release the applicant on bail”.

Seema Bhatnagar

[poshadvo]

Provisions of law against sexual harassment at workplace are in addition to other laws

In the case of X vs State of J&K and Anr., before the High Court of Jammu and Kashmir on 1st February 2019, the question that arose for consideration was whether a complaint / FIR registered with police simultaneously with a complaint filed with an internal committee of an organization will be valid. (law against sexual harassment at workplace)law against sexual harassment at workplace

Brief facts of the case are that a complaint of sexual harassment came to be lodged against the petitioner with the department. The lady also lodged a case with SHO, P/S Women Cell, Rajouri under Section 354D, 506, 500-II and 509 of Ranbir Penal Code (“RPC”) alleging therein that she was being harassed and victimized. Petitioner, feeling aggrieved by the same decided to approach the High Court. Some of the most important arguments put forth by the petitioner are:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) being promulgated by the State, it is beyond the jurisdiction of police to register a case under Section 354-D since the category of offences defined in 354-D are identical and pare Materia with the contents of the Act as defined in Section 2(n).

The Committee constituted by the Head of Department under the Act has already taken cognizance in the matter, the petitioner has submitted his reply to the allegations levelled against him and further proceedings are to be conducted by the Committee as per the Act.

The registration of FIR in the present case is nothing but abuse of process of law and has visited the petitioner with penal consequences and is violative of his Fundamental Rights. The Registration of the case by the police is totally unwarranted and exercise of power to investigate the matter is an act which is required to be struck down being without jurisdiction and without competence.

Lodging of the FIR after the constitution of the Committee and supply of the reply by the petitioner, is nothing but the exercise which is an outcome of non-application of mind and is further conducted by malice in law.

Referring to Section 28 of the Act, the High Court of Jammu and Kashmir held that “…it is evident that provisions of this Act are in addition to any other laws in force. Offences against women under penal code deal with all types of women whether employed or not. But Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with complaint by woman at work place only.”  Section 28 of the Act states that, “The provisions of this Act shall be in addition to and not in derogation of the provisions or any other law for the time being in force.”

It also stated that, “While legislating this Act, framer of Act is aware of the provisions of the penal law and this Act and the consequential remedy available under the Act provides the additional remedy. Having due regard to the scheme of the Act and purpose sought to be achieved to protect the interest of the women at work place better, the provisions are to be interpreted broadly, positively and purposefully in the context of the present case to give meaning to additional/ extended jurisdiction, particularly when Section 28 seeks to provide remedy under the Act in addition to other remedies provided under other Acts unless there is a clear bar.”

It, therefore, held that the Act is in addition to RPC and there is no conflict between them. So it can be held that provisions of the Act (law against sexual harassment at workplace) are not in derogation of the provisions or any other law for the time being in force, including that of RPC.

[mensrightsff]

RT @SamiBaig80: #MensLivesMatter Two law students Shrikant Prasad & Anam Kamil have filed PIL in Hon'ble SC seeking directions to Centre to consider misuse of laws under IPC Sections 354A-354D, 506, 509, 376, 498A for which families have been struggling from a long time. https://t.co/iC54tspqzT https://t.co/QKS55Su5Kr

[newsmatters]

Maharashtra: Man gets 22 months RI for stalking girl- The New Indian Express

Maharashtra: Man gets 22 months RI for stalking girl- The New Indian Express

By PTI THANE: A special court in Maharashtra’s Thane has sentenced a 24-year-old man to 22 months of rigorous imprisonment for stalking a girl. In the order passed recently, Additional Sessions Judge R R Vaishnav also imposed a fine of Rs 500 on the convict Sunilkumar Dukhilal Jaiswal. The court found him guilty under IPC section 354D (stalking) and the Protection of Children from Sexual Offences…