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legalupanishad · 2 years ago

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Bharatpe files a Rs. 88 crore lawsuit against Ashneer Grover

This article on “Bharatpe files a Rs. 88 crore lawsuits against Ashneer Grover: Facts and Laws” was written by Swaroopa Royadu, an intern at Legal Upanishad.

Introduction

The ex-managing director and co-founder of BharatPe, Ashneer Grover's wife Madhuri Jain, and other family members are being sued for up to Rs 88 crore in damages. The business claims that the Grover family fabricated invoices, hired phoney vendors to provide services for the business, and overcharged the business for them.

Facts of the case:

Bharatpe company was incorporated in March 2018. The company is famous for developing a single QR code for all types of payment and making such payments interoperable. - Ashneer Grover was the Managing Director and co-founder of Bharatpe. His wife Madhuri Jain Grover was working as Head of Controls at Bharatpe. - It is alleged that the company was under the complete supervision of Ashneer Groover and his family from 2018- January 2022. It was during this period funds were misappropriated by them. - At the beginning of the year 2022(January), an audio clip of Ashneer Grover was leaked which involved using of inappropriate language and threats to Kotak Group employees who failed to allot funds for Ashneer to buy the IPO of Nykaa Company. - Ashneer Grover took voluntary leave after this phone conversation. - Kotak Mahindra Bank was pursuing legal action against Ashneer Grover for using inappropriate language against its employee. - To review and determine whether Ashneer committed the offense of misconduct, the company’s Board appointed Shadul Amarchand Mangaldas, Alvarez, and Marsal as well as PwC to conduct corporate governance. - Madhuri Jain Grover was fired from the company for misappropriating funds and Ashneer Grover resigns from Company in March/2022 - The company has filed a criminal case with the Economic Offences Wing (EWO) in New Delhi on 17 counts which include criminal breach of trust, forgery, embezzlement, destroying of the evidence, etc. - A civil suit is filed before the High Court of Delhi for recovery of damages of Rs 88 crore in the month of December/2022 - The Delhi High court issued notice to Ashneer Grover and his family and asked them to reply within 2 weeks. The summons has been issued to the family members. The Company is demanding Rs. 88 crore from Ashneer and his family members for the misappropriation of company funds. Ashneer Grover’s wife Madhuri Jain Grover has raised fake invoices of non-existing vendors and overcharged the Company for recruitment by forwarding such invoices to the accounts department. This was supported by her brother and other family members. How the Company has arrived at damages of Rs 88 crore: - Against fake invoices of non-existing vendors -Rs. 71.7 crore - Claim for penalty paid for GST authorities - Rs. 1.66 crore - Payment to vendors providing recruitment service - Rs. 7.6 crore - Payment for damaging the reputation - Rs. 5 crore The company has also asked the court to pass a permanent injunction restraining Ashneer Grover and his family members from making defamatory statements and derogatory statements concerning every member of the company and restrain them from publishing or printing them on any social media or another place. The company has also asked Ashneer and his family members to disclose their assets.

Laws:

- Misappropriation of funds: “ Without prejudice to any liability including repayment of any debt under this Act or any other law for the time being in force, any person who is found to be guilty of fraud involving an amount of at least 10 lakh rupees or 1%of the turnover of the company, whichever is lower, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to ten years and shall also be liable to fine which shall not be less than the amount involved in the fraud, but which may extend to three times the amount involved in the fraud” The term fraud for the purpose includes “affairs of a company or anybody corporate, includes any act, omission, concealment of any fact or abuse of position committed by any person or any other person with the connivance in any manner, with intent to deceive, to gain undue advantage from, or to injure the interests of, the company or its shareholders or its creditors or any other person, whether or not there is any wrongful gain or wrongful loss. - Defamation: . Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, with a fine, or with both. - Criminal breach of trust: criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, with a fine, or with both. - Forgery . Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, with a fine, or with both. - Destruction of Evidence: : penalty of the amount involved in the fraud or 3 times the amount of fraud/ imprisonment of minimum 6 months to maximum 10 years.

Probable defense Ashneer Gover and his family members can take:

- Lack of intention behind the misappropriation of the company’s funds. It was done for Companies benefit and not for personal gain. - Ashneer and his family members had reasonable and good faith to believe that they are the rightful owner of the funds of the company. - The acts were done with the due permission of other members or directors of the company. - All the allegations are wrong and this could be proved with all the necessary documents and evidence. - There was a force or use of violence or threat used to perform the act of fund misappropriation. - The evidence provided by the opposition is insufficient to prove that the funds were misappropriated by Ashneer and his family. - By providing sufficient evidence to prove the sentences made against the company on social media are true and not defamatory.

REFERENCE:

- "BharatPe files criminal suit against Ashneer Grover, family:, Times of India, 8 December 2022, available at: https://timesofindia.indiatimes.com/business/india-business/bharatpe-files-criminal-suit-against-ashneer-grover-family/articleshow/96086592.cms - "BharatPe sues former MD Ashneer Grover for fraud", LiveMint, 9 December 2022, available at: https://www.livemint.com/companies/news/bharatpe-sues-former-md-ashneer-grover-for-fraud-11670523800678.html - "BharatPe drags Ashneer Grover to arbitration; Snapdeal halts $152 million IPO", Economic Times, 9 December 2022, available at: https://economictimes.indiatimes.com/tech/newsletters/tech-top-5/bharatpe-drags-ashneer-grover-to-arbitration-snapdeal-halts-152-million-ipo/articleshow/96114170.cms?from=mdr Read the full article

#BharatPeCase #CaseAnalysis #CaseStudy #landmarkCases

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bestdetectiveagency · 3 years ago

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I’m A 35 Year Old Woman And I Aspire To Be A Detective, But My Family Members Are Not Very Happy With My Choice. How Should I Convince Them. Kindly Help.

Women should take detective training compulsorily, because they can keep themselvessafe to a lot of extent from the increasing crime against women in our country because whenever something uncertain happens in their life, whether it’s related to their marriage or business, they have to be dependent on their parents, their better half or on the opinion of others. Many times, they lose hope and get depressed due to this, which also affects their married life and kids. Kindly explain this to your family that a detective works within legal parameters. How to keep yourself save while working is also taught in the training. You can also give them the examples of India’s famous lady detectives like Bhawna Paliwal, Rajni Pandit. You can find information about them on the Internet. Despite being married, they are so successful in their career. You can also be an example like them. After the training is done, you’ll realise how you can work smoothly by ensuring your safety as well. You can also assure you family that you will use these tricks for your own safety and when you realise you’ve become perfect in this, you can practice it as a Profession.

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The first thing that a Private detective should keep in mind is why is his services being used. He should ensure his client’s identity. For ex: If a person says that he is Usha’s brother and wants to keep a check on her activities, then he has to actually prove that he is Usha’s brother and is doing so for the sake of Usha’s good. He should also ask the client to issue an authority letter. A detective should understand his client’s intentions and make sure that he is a bonafide client. Secondly, he should make sure that whatever job is assigned to him, is done within the legal parameters. Thirdly, he should take careif the assigned job comes in the jurisdiction of the private detective or not. If police is investigating a particular case then he cannot destroy their evidences, nor he can do any kind of tampering with the evidences. So these are some of the things which a private detective should keep in mind while conducting investigation.

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Any male/female who is above 16 years of age with a minimum qualification of 12th pass, and is mentally sound along with the basic knowledge of computer can do this course.

Is It Compulsory To Have An Office To Start Your Own Work After Doing This Course?

To start any work, you need to have a place of your own. It can either be your residence for which you need to get associated with some of the detective agencies which can help you by giving you work as a freelancer. You can also enhance your work by creating your company’s website on the Internet. You should also get your website registered.

Are There Any Risks Involved In This Profession? Will Any Detective Agency Offer Me Job After The Training Of This Course?

If you are working within the purview of law then there is no such risk involved. City Intelligence might give you a job if they find you competent enough. It totally depends on your abilities. We don’t assure you a job.

Will I Get Any Kind Of Support From You After The Training?

City Intelligence will help you in consultation and business promotion for around 2 years.

Do You Think That If People Will Use More Services Of Detectives Then Crime Rate Will Or Can Go Down?

There are many reasons to hire a private detective. Their main role is to extract information. Let’s assume that you are a businessman and your business is doing good but you never know what your competitors are upto. Then, a setup of internal vigilance is mandatory so that you make sure that your employees aren’t harming you internally by leaking your useful information & documents. Because police will only be involved when a crime or any kind of fraud will happen. But in private and corporate life, this investigation would help in preventing the crime beforehand.

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mrodataclassification · 3 years ago

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10 things that prove Kejriwal is the biggest fraud in Indian Politics.

Arvind Kejriwal has been a habitual liar in prospect to his official ranking and his party AAP’s policies. He is well known among the citizens as the man of U-Turns. There have been quite a few incidents where his declaration over the media has changed as per the requirement of the situation. Although the number of his lies far exceeds the number of days his party AAP has existed, we take a look at 10 of them that we find more worth sharing.

1. Anna Hazare’s movement was a copy of the World Bank Agenda. The main motive for this anti-corruption movement was to increase the penetration of international capital in India. Anna’s team members Arvind Kejriwal and Manish Sisodia run an NGO called Kabir, which had received $400,000 from Ford foundation. Later Kejriwal accepted in a Business Standard interview, that his NGO Kabir had received 4Lakh USD from the Ford Foundation.

2. Kejriwal had protested in Delhi asking for justice for Nirbhaya and strict punishment for rapists. On the other side, he gave a Loksabha ticket from south Bangalore to Nina P. Nayak. Nina had supported and fought for a lesser punishment for the Nirbahya Killer and most brutal rapist Muhammad Afroz. It was Muhammad Afroz who had double raped Nirbhaya, inserted Iron rot in her body, took out her intestines. Due to brutal assault by Afroz, Nirbhaya had died. Arvind Kejriwal has given justice to Nirbhaya by giving a Loksabha ticket to the savior of her rapist and murder.

3. Taking amiss at a remark by Arvind Kejriwal in 2013 that he chose to work in the public sector over being an income tax officer and earning crore. The Indian revenue service (Income tax) all India body, in an exclusive two-page letter points to Arvind Kejriwal that he had never worked on the position of IT Commissioner. In fact, his batch till date has not been promoted to that position. His unnecessary utterance was damaging their image of fine service.

4. Arvind Kejriwal said he supported the cause of poor farmers and understood their plight. Yogesh Dahia, involved in a 300 Crore scam of farmer's money is now a member of the AAP agriculture reform committee and he got the ticket from Saharanpur. The petitioners had alleged that Dahiya, who is a member of Lok Sabha, along with the then ADM Randhir Singh Chauhan and GAIL AGM K P Singh acquired the land for the GAIL pipeline, siphoned off over Rs 300 crore by not paying the adequate compensation to the farmers. In fact, 44 AAP candidates, including Mr. Kejriwal, have criminal cases against them.

5. Arvind Kejriwal said Robert Vadra should be jailed and he said he supported Ashok Kemka. Ashok Khemka had exposed Robert Vadra's illegal land deals. After Vadra was exposed, the Congress party transferred Ashok Khemka and put Yudhvir Khyalia in his place. Yudhvir made all illegal deals of Robert Vadra legal and restored all licenses of Vadra and created a charge sheet against Ashok Kemka. AAP gave a ticket to Yudhvir and now he is a member of the AAP land acquisition committee!

6. Arvind Kejriwal said he would never give the ticket to corrupt and criminals. We have seen so many instances where his candidates are criminals and corrupt both. In total 44 AAP candidates so far have criminal cases against them. M. Pushparayan from the Thoothukuddi constituency has assets worth Rs. 87lahhs, NIL Liabilities, and 380 cases filed against him. Udaykumar s. p. from the Kanyakumari constituency has assets worth Rs. 2 crores, liabilities of rs 2 lakhs, and 382 cases filed against him.

7. Arvind Kejriwal along with Shazia Ilmi in his speech at CII said that during his 49 days government there was a reduction in corruption. This information was provided by an ex-employee Transparency international. Later Transparency international sent letters and clarified that they never conducted any such surveys and there were no unpublished reports.

8. Arvind Kejriwal has given Anjali Damania a LokSabha ticket from Nagpur, Maharastra. She was involved in the irrigation land scam with her partners Switu Mehta and Vanita Ahluwalia. When people had questioned about Anjali Damania Land scams, Kejriwal called her an ordinary volunteer, but later gave her a LokSabha ticket!

9. Kejriwal on camera said no sitting MLA from his party will fight the 2014 general election but now he himself (a Delhi MLA) going to fight Loksabha election.

10. The Delhi Chief Minister had promised to pass the Jan Lokpal Bill within 15 days of Government formation. But nothing was done. In fact, it backtracked saying that the Central Government had issued a directive which is why they were unable to pass the Bill in Delhi Vidhan Sabha. The truth is, the Central Government had issued the directive on Jan Lokpal Bill a long time back. Arvind Kejriwal was aware of this even before the elections in Delhi happened.

Visit: PGurus

#kejriwal govt #arvind kejriwal #10 lies #Delhi #narendra modi

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compregistrationconsultants · 3 years ago

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Ministry of Corporate Affairs: Supporting Entrepreneurship

With India being ranked 142th on Ease of Business Doing Index and 158th on Ease of Starting a Business, startups in India find it a tough task to outshine amongst the well-established corporate firms in India. However, the Ministry of Corporate Affairs have been bringing reformations in regulations over the decade. In addition to relaxations in the Companies Act of 2013, MCA further announced in June 2017 highlighting certain provisions in the act which would benefit not only the private companies but the startups as well.

The exemptions introduced in the Act would only benefit the Department for Promotion of Industries and Internal Trade, (DPIIT) recognized startups. Moreover in 2015, MCA exempted the corporate sector from obligations related to minimum paid up capital.

Entrepreneurship and its horizons

Entrepreneurship revolves around business development and management involving certain risks in order to gain profits. The Ministry of Corporate Affairs took up an intense drive in-

Government Process Re-designing (GPR) and dispatched the

Simplified Proforma for Incorporating Company Electronically (SPICe) e-Form,

on the event of Gandhi Jayanti, 2016. SPICe is a more flexible structure than INC-29 and influences on advanced innovation by disposing of the requirement for printed versions of genuinely marked archives being appended to an e-structure. SPICe is presently the sole, simplified and versatile structure accessible for incorporation of an organization in India.

The Ministry has likewise coordinated the MCA21 System with the CBDT for issue of PAN and First TAN to an organization utilizing the Simplified Proforma for Incorporating Company Electronically. Shareholders can successfully submit their applications for incorporation and PAN & TAN (allotted by Income Tax Department) altogether thus reducing the time and processes for blooming startups.

Within the MCA directive, stern decisions have been made to improve the legitimate system, work on techniques and accelerate dynamics for simplicity of working together to introduce a solid climate for venture and corporate development. Many efficient corporate dialogues and cognitive consultations have been accomplished by the Ministry of Corporate Affairs to replenish conventional business standards and ensure smooth facilitation of Companies Act, 2013. Statutory implementations to ‘remove difficulties’ have been acknowledged and appreciated in the corporate sector. Furthermore, Lok Sabha introduced encourage business friendly and growth inducing provisions as:

Bringing forth amendments for minimum capital with best foreign practices

Stern lawful processions against frauds or disagreement in set regulations for deposits identified during audits

With declaration in SPICe e-form replacing affidavit for various filings, documentation mandates for foreign nationals to be Director of Indian corporate firms has been deduced to a much greater extent.

The Ministry of Industries and Commerce have developed e-business portals for collective procession of DIN, Company Incorporation and Commencement of Business. Nominal fee is charged by authorities for small scale corporate firms. To direct the flow of Indian business towards international capital markets, IndAS i.e. new accounting standards have been implemented in accordance with IFRS (International Financial Reporting Standards).

Safeguarding Businesses

Serious Fraud Investigation Fraud (SFIO) has been quite operational to avoid corporate delinquency by taking legal course of actions against companies failing the compliance of Companies Act, 2013. Steps were taken to cause merger of NSEL Limited with its parent company Financial Technologies (India) Limited to guard the interest of investors in NSEL on account of its regulatory defaults and the failure of the holding company to exercise oversight, the first ever initiative. With respect to Investment Education Initiatives, 1380 programs were organized to educate and create awareness amongst small investors regarding highs and lows of investments.

Central Registration Centre (CRC), organized for flawless procession of incorporation of companies, works in 2 phases, former one including “application filing for accessing name through e-form INC-1 and later one being “incorporation of companies through e-form”.

Why CRC?

With reengineering in cycle and foundation of Central Registration Center which was established under section 396 of Companies Act, joining of an organization is finished in a single day. Sustaining of Directors Identification Number (DIN), Permanent Account Number (PAN) and the main Tax Deduction Account Number (TAN) are subsumed in the incorporation and there is no different interaction.

All incorporations with an approved capital of INR 15,00,000 are not charged by MCA vide notification G.S.R no.180(E) dated 06.03.2019 amending the Rule 38(2) of the Companies (Incorporation) Rules, 2014.

Rule 38A was added to Companies (Incorporation) Rules, 2014 to merge the functioning of MCA21 with registration of EPFO, ESIC, GST while filing for incorporation of the company in SPICe e-form.

For convenience in incorporation of Section 8 companies, MCA vide notification no. 411 (E) dated 07.06.2019 centralized licensing and incorporation via single form and that being SPICe.

Reforming the corporate framework

With earlier limits for paid up capitals and annual turnovers for small firms being INR 50 lakhs and INR 2 crore respectively, Finance minister renewed the mandates for small companies in Union Budget 2021 granting special provisions like exemption from statutory audits, non-requirement for cash flow statements, holding board meeting once in every 6 months ( in accordance to 90 days of gap between to consecutive board meetings), filing of Annual Returns through Form MTG-7A for the financial year 2020–21 onwards.

As per MCA, common seal under Companies Act, 2013 has been made optional since 29.05.2015. Accordingly, all Banks have been directed by the Indian Bank Association (IBA) to avoid asking for affixation of either common seal on the application form for opening of Bank Accounts by companies. With almost all of the government and corporate sector services made available online, MCA facilitated:

Deployment of common form for registration under labor related laws for EPFO and ESIC on the ‘Shram Suvidha portal’

Final registration for Delhi VAT and Maharashtra VAT within a day through online mode

One single Registration Application Form for all the Acts administered by Maharashtra Sales Tax Dept. (MSTD)

Registration of Delhi Shops and Establishment Act, 1954 and Maharashtra Shops and Establishment Act, 1948 fully online

Central Registration Center for name availability and incorporation expanded the horizons for big corporate firms as well as small companies to go through filing procedures witnessing lesser complications.

The time period for processing incorporation applications under CRC saw a drastic decline from 5–15 working days in June, 2004 to 0.6 working days in March, 2017.

Companies could be allotted with their name availability applications within 0.4 working days in 2017. 90% of applications are being authorized in a day.

Increasing the transparency for shareholders, Ministry vide notice no. GSR 309(E) dated 30.03.2017 has recommended w.r.t related party transactions, where the consideration is equivalent to over 10% assets of the organization, the equivalent will be approved by the members of the organization. This has expanded the investor rights with respect to casting a ballot and exposure of a connected gathering exchange.

National Company Law Tribunal Rules substituted Company Law Board (CLB) in June, 2016. NCLT is initially located at ten places across India, equipped with requisite infrastructure and support staff, including Delhi, Mumbai, Kolkata, Hyderabad and Chennai.

NCLT is foreseen to be a more authoritative platform for adjudication of disputes on corporate law matters through disposal of such cases in a time bound and speedy manner.

CONCLUSION

The Ministry of Corporate Affairs (MCA) has transformed the dynamics of private companies and provided the corporate sector with an entire range of budding opportunities and privileges for rising entrepreneurs mostly with e-governance initiatives.

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marymosley · 4 years ago

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Crime Prevention: What can The Government do to Lower Crime Rate?

Introduction

In ordinary language, a crime is an illegal/unlawful act punishable by a state or other authority. Blackstone defined crime as an act committed or omitted in violation of a public law either forbidding or commanding it. The term ‘crime’ does not, in present day criminal law, have any basic and universally acknowledged definition, in spite of the fact that statutory definitions have been given for certain purposes. The people who get involved into criminal acts belong to different categories such as, they may be educated or uneducated, may be wealthy or impecunious in dejected and poverty stricken conditions, they are engaged completely different sorts of occupations such as, white collar jobs, blue collar jobs, minority jobs such as manual work or may be unemployed. They vary on the premise of family backgrounds, religious groups, ethnicity, caste, gender, socio-cultural and socio-economic backgrounds. In most cases, individuals who get involved into criminal and violent acts belong to distraught, disadvantaged and marginalized segments of the society, they are not taught sufficiently and are ordinarily engaged in minority employments. The predominance of crime is frequent in all the societies, whether it is rural or urban societies. It has been observed by many people that a society without crimes and criminals could be a paradise.

It is therefore fundamental to find out techniques/methods to avoid crime, at all costs if possible. The method of prevention ought to begin from the early childhood and continue till adolescence and youth. It is vital to execute crime prevention techniques, there are certain points that have to be compelled to be understood when the government is observing crime prevention techniques. These are, all the levels of the government ought to contribute a leadership role. The following article portrays the need of strong responses of government, NGOs, corporate sectors, citizens of the country and national commitment to a common cause i.e. the prevention of crime.

The crime rate in India has increased drastically over the years with the capital being the centre of the chaos. As per the National Crime Bureau Report 2019, New Delhi had the highest crime rate at 1049 per 1 lakh persons.[1] Between 2016-2018, the total number of First Information Reports/Complaints registered throughout the country was as high as 2.39 crores.[2] These figures indicate that there is large number of criminal activities taking place in the country and also makes us question the role played by the government and other state authorities to curb it.

One group may advocate, the best way to reduce the criminal incidents can be simply by giving stringent punishments to the offenders, because these punishments will act as a deterrent and create a fear in the mind of the felons before they think of committing an offence. If one introspects and look into the various legislations that penalises criminal activities (Indian Penal Code, 1860 and special enactments), it becomes clear that we already have harsh punishments in place for commission of grave offences, but then again, why is it so crime still seems to be rampant in our the society?

Other group may support, we need speedy justice system and to clear the backlog of cases so that the justice can be served within due time without any inordinate delay. One should not forget that it nearly took eight years to punish the culprits of Nirbhaya case. It is because our legal system works on the principle that an accused is innocent unless proven guilty. And even after conviction by the court, the convict will still have the right to file an appeal, revision, review, curative petition and mercy petition (as per the nature of offence). Since our legal system seems to recognise and protect a large number of rights, is the sole reason why it takes years and years altogether for the justice to be served. And this in turn makes the offenders think that, there is no one to hold them accountable and they can easily escape from the shackles of justice.

What we need today, is small measures and initiatives taken by the government and concerned State authorities that can help us reduce the criminal activities throughout the nation. Many people have suggested the youth employment, creation of job opportunities, providing more recreational outlets, and enhancing a sense of togetherness as measures to prevent crime at the community level. Through this article, the author would like to throw light on how to State can prevent crime, some of the suggestions are discussed as under:

1. Overcome the Rich and Poor Divide:

The divide between the rich and the poor has increased over the years, while the poor do not even have access to basic necessities like food, clean drinking water, shelter, sanitation, etc., the rich seems to enjoy their luxurious lives. Various studies have indicated that, poor people who are not able to meet their basic ends are the ones that indulge into petty criminal offences like theft. The government should take up initiatives to bridge the gap and make sure the resources are available to everyone and to reduce the income inequalities and classism.

2. Understand That Violence Is Going Virtual:

Cyberspace is a new domain for violence. This ranges from the use of social media to project force (videos showing assassinations, torture, threats), to recruit would-be members of extremist groups (digitally savvy marketing campaigns, online chat sites), for selling product (deep web), and also for more banal but no less important forms of intimidation and coercion (bullying). Violence is going virtual, and we need to get a much better handle on all of this. We have cyber security cells but they don’t function properly and report offences, it is important for the government to address this issue.

3. Restore The Faith Of People:

The government should try to restore the faith of general public in the justice system. This can be done by making it easier for different members of the society to approach the police and to register a complaint against any wrong done to them. Moreover, the government should come up with laws and legislations that will give proper police protection to the whistle-blowers, the witnesses of criminal cases and other who report offense. With help of such initiatives people will be able to report the crime fearlessly and without facing any unnecessary repercussions.

4. Punish The Culprits Of White Collar Crimes:

In in the opinion of the author, the government has done very little to catch the culprits off white collar offences and bring home the justice, this includes various monitory default committed by Vijay Mallya, bank fraud committed by Nirav Modi etc. Though the government has enacted Fugitive Economic Offenders Act, 2018 but so far not even once the provision of these acts have been invoked to punish those who have committed money laundering, bank frauds, theft etc. and escaped the country. The government needs to be more proactive and catch the offenders who fall in this category.

5. Create Awareness Among The Youth

The government and especially Ministry of Law should take up initiatives to educate the younger members of the society and to teach them to be good citizens. We need to educate the youth how not to become victims of cyber bullying and other prevalent offences.

6. Create Harmony Among Various Religious Groups:

India is a secular nation and treat every religion equally. In the past, there have been numerous incidents where one religion or ethnic group has suffered and the state has failed to protect their rights. The state shall take a neutral approach to safeguard the rights of all the people belonging to various cultural and ethnic groups. This in turn will help in harmonising and creating brotherhood in the society and reducing crime.

Conclusion:

The author would like to conclude by saying that the government plays an important role in reducing the criminal activity in the action and they should take small steps towards the same and play and proactive role. The strategies, guidelines and approaches that are defined in order to lead to the prevention of crime should be particular and the most focus ought to be that each person should follow them as law.

[1] https://ift.tt/2BAawHA

[2] ‘Crime in India 2018, Statistics Volume I’, Nation Crime Records Bureau, Ministry of Home Affairs, Pg. 1 Available at: https://ift.tt/2Wp2NHd

The post Crime Prevention: What can The Government do to Lower Crime Rate? appeared first on Legal Desire.

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monukumarefr · 1 day ago

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Steps to Take Immediately After Being Charged with an Economic Offence e: Best Lawyer for White Collar Crimes in Delhi

Facing an economic offense charge like fraud, tax evasion or money laundering can feel overwhelming. it is not just about legal challenges – it is about protecting your reputation, career, and peace of mind. But remember, an accusation is not a conviction, with the right steps and support you can control the situation. This guide simplifies what to do next, helping you navigate the challenges and work towards the best possible outcome by contacting White-collar crime litigation expert Delhi.

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khalilhumam · 5 years ago

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MarginalizedAadhaar: Digital identity in the time of COVID-19

New Post has been published on http://khalilhumam.com/marginalizedaadhaar-digital-identity-in-the-time-of-covid-19/

MarginalizedAadhaar: Digital identity in the time of COVID-19

The use of Aadhaar-based authentication makes exclusions more likely

Banner image credit: Corona crisis in Kolkata 14. Indrajit Das (CC-BY-SA-4.0)

This post was first published at Yoti as a part of Subhashish Panigrahi's Digital Identity Fellowship. It has been edited for Global Voices. Before Indian society had the chance to recover from the hardship of both a financial slowdown and the controversial amendment to the Citizenship Act, it got hit by the COVID-19 pandemic. At the time of reporting, 16,568 Indians have died of COVID-19 and 554,386 have tested positive. By mid-May, twenty-four people, mostly migrant workers who were desperately trying to return to their own houses, were also reported to have died recently because of the lockdown. Most of them died in an attempt to walk hundreds of kilometres, in hunger and illness, and some as a result of indiscriminate attacks. However, a curated database maintained by open data community Datameet suggests that more 882 Indians have died of non-coronavirus reasons (mostly starvation and financial distress, exhaustion, accidents during migration, lack or denial of medical care, suicides, police brutality, crimes, and alcohol-withdrawal) during the lockdown. Many marginalized communities were already struggling to survive poverty, hunger and systemic exclusions, and life got even harder due to social distancing and lockdown regulations. India's digital identification system—which faced scrutiny over privacy concerns and exclusion— has further put marginalised communities at a greater disadvantage during the pandemic. There have been concerns that fingerprint-based authentication (as used by Aadhaar, India’s national biometrics-based digital identity program) can increase the risk of further spreading COVID-19, and India’s Public Distribution System (or PDS, India's social welfare service) predominantly uses Aadhaar for authentication. The state of Kerala identified this risk early on and suspended the use of all biometric authentication systems. This, and all the other social, political and transactional risks linked to Aadhaar — because of COVID-19 — have put marginalized communities at much higher risk, and furthered calls for a revised look at the digital ID ecosystem. While migrant workers in the cities of Delhi, Mumbai and Surat desperately try to return back to their native homes, many struggle to get the COVID-19 relief and regular support of food grains and rations that they are entitled to – all because PDS is yet to be made universal to ensure an equitable public benefit.

Aadhaar and social services

The use of Aadhaar-based authentication – or linking the use of Aadhaar with essential social services – makes exclusions more likely than ever. A 68-year-old disabled woman from the Indian state of Odisha with missing fingers was denied enrolment in Aadhaar, and as a result she received no food grains for 11 months. Another disabled person was denied rations for three years, and a five-member family, including an elderly couple, have been in a similar situation for the past six months. There are over 100 such individuals from one tiny administrative region in the same province who did not receive the food grains or rations that they are entitled to.

Harshabati Kheti of Lachipur, Sonepur distt., Odisha was denied of Aadhaar first for not having fingers intact. She hasn’t received any food grains or other ration for 11 months, or #COVID19 relief. https://t.co/LXCZYwcyKo @Food_Odisha @rajaaswain @CMO_Odisha #MarginalizedAadhaar pic.twitter.com/W4sC2VduAO — Subhashish P. ସୁଭ (@subhapa) April 30, 2020

From public welfare to mass surveillance

National Register of Citizens

India is in the middle of the National Register of Citizens (NRC), an effort to identify and build a database of “legal citizens” which, in the first rollout in the state of Assam, declared 31 million people out of a total population of 33 million as “legal” while leaving 1.9 million, mostly Muslims, as stateless. The government has plans to implement NRC across the country.

The use of personal data lies at the center of everything — from identifying protesters using facial recognition, or selectively-identifying vehicles owned by Muslims from a government database during a communal pogroms, or even tracking people who have traveled to a coronavirus-affected country. The government is reportedly in the process of developing a geo-fencing app that can alert local authorities if a person in COVID-19 quarantine or isolation attempts to ‘escape’, using the affected person’s cell tower location. Attempts to deal with COVID-19 have also resulted in a provincial government agency sharing personal data publicly — including legal names and complete addresses — of 19,240 individuals who were under home-isolation post-foreign travel. Lawyer Rahul Matthan cites the lack of appreciation of personal privacy by the government as a reason for this. Aadhaar plays a key role in most large-scale identification initiatives. A recent three-part investigation report reveals that the Indian government is planning to build an “all-encompassing, auto-updating, searchable database to track every aspect of the lives” of all 1.2 billion residents. The shift from Aadhaar being an identity in its initial design to a system for bettering public welfare to its use in mass surveillance is worrisome. In 2016, India’s then finance minister Arun Jaitley even renamed the Aadhaar Bill of Indian constitution “Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act”. The civil rights of individuals can become compromised when a securitarian state – with a Hindu right-wing political party in power – requests Muslim Aadhaar-holders to prove their citizenship. Prior to the pandemic, there were large-scale protests around the country against the Citizenship (Amendment) Act (CAA), a controversial amendment to the 1955 citizenship law that promises citizenship to some undocumented migrants on the basis of their religious faiths, while denying Muslim immigrants and several other minorities the same right. The fear of statelessness and another Rohingya-like situation led to nationwide protests lasting for 100 days in which 65 people were killed.

Special Hospital for Corona patients, photo credit: Government of Odisha (CC-BY-4.0)

The Indian government maintains that Aadhaar-based biometric authentication (ABBA) has helped reduce errors and corruption in the distribution of benefits. However, a recent study by academic researchers suggests otherwise. The study found that the use of Aadhaar adds an additional financial burden of 17% that the beneficiaries had to incur to collect their benefits, with 10% of genuine PDS holders denied their benefits because of false authentication errors. The use of Aadhaar by Direct Benefit Transfer (DBT), a government scheme for direct-to-bank-account transfer, also resulted in a failure of 690 million INR (9.08 million USD) worth of transactions, according to Indian news agency Economic Times. Apart from the authentication failures, cases of stolen fingerprint casts being used for fraud have also surfaced — these did not exist before Aadhaar-based authentications were rolled out on such a scale. Also, considering the uncertainty of a return to normality post-COVID-19, it might be wiser to avoid physical contact by using alternative methods of authentication — instead of fingerprint scanning where the forced use of Aadhaar for public welfare payments would be problematic. Many isolated indigenous communities may not have immunity to even the most common diseases and extra precautions need to be taken in case of non-indigenous persons involved in the distribution of resources. Lack of access to emergency healthcare information in native languages also remains a huge obstacle.

To learn more about marginalisation and exclusion caused by digital identity in India, listen to MarginzalizedAadhaar, a podcast by the author, in which human rights lawyer and researcher Dr. Usha Ramanathan rights, and activist and author Raghu Godavar dissect Aadhaar’s fundamental design to provide insights on the systemic exclusions in the use of Aadhaar.

Written by Subhashish Panigrahi · comments (0) Donate · Share this: twitter facebook reddit

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brajeshupadhyay · 5 years ago

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Vijay Mallya case: Meet CBI officer Suman Kumar, the meticulous investigator who felled a flamboyant businessman

New Delhi: Painstaking and meticulous investigation and countless visits to London by CBI officer Suman Kumar finally bore fruit after three long years in the bank fraud case against flamboyant businessman Vijay Mallya.

Mallya, the high-flying owner of now-defunct Kingfisher Airlines, on Thursday lost his application seeking leave to appeal his extradition to India in the UK Supreme Court, setting a 28-day clock on his removal from the UK.

The extradition case pertains to the alleged bank fraud of Rs 900 crore in IDBI Bank. The embattled liquor baron also faces probe in another case related to alleged fraud amounting of more than Rs 9,000 crore in a consortium of banks led by State Bank of India.

Kumar was assigned the case against Mallya, known for his ostentatious lifestyle and who had made his way to the Indian Parliament as a Rajya Sabha member, as the DSP of Banking Frauds and Security Cell, Mumbai in October, 2015.

Kumar is now an additional superintendent of police in the country's premier investigation agency.

Mallya was facing the media heat as his failing aviation company was finding it difficult to pay staff salaries and retain premium services it had promised to its customers with clamour for booking him increasing day by day, sources in the agency had said.

It was a tricky situation for the CBI as the lending banks did not file any complaint against Mallya in spite of serious allegations of fraud against him, they said.

The agency decided to go ahead and used its source-based information to register the first FIR against Mallya related to Rs 900 crore alleged loan fraud against him. And Kumar was entrusted with the probe.

The officer, who joined the agency as a 23-year-old sub-inspector, by then had an impeccable record as an ace investigator of white-collar crimes winning the CBI gold medal for best investigating officer in 2002 handed over by then prime minister Manmohan Singh in 2004.

Fifty-five-year-old Kumar, honed in traditional CBI style of investigation, had also received the Police Medal for Meritorious Service in 2008, outstanding investigator in 2013 and the President's Police Medal for Distinguished Service in 2015 when he took over the case.

In 2016, Mallya escaped the country causing an embarrassment to the agency and triggering an uphill legal battle in the courts of the United Kingdom to bring him back.

The then additional director Rakesh Asthana took over the case as the Chief of the Special Investigation Team. He and Kumar proved to be a potent team investigating the case, making rounds of London to ensure not a single hearing is missed and coordinating with the Crown Prosecution Service which was representing the case in courts in London.

The job was difficult as India had an abysmal record in succeeding in extradition cases in Europe, especially the United Kingdom. The case was fought by the Crown Prosecution Service with active support from the CBI and the Enforcement Directorate.

Kumar ensured a concrete case of fraud is established and a charge sheet is filed in India to make a strong case for Mallya's extradition. It was imperative that India had a case against Mallya which was punishable in laws of the United Kingdom.

Through his exhaustive probe, Kumar managed to establish alleged fraud and money laundering in his probe for which charge sheets were filed in India.

"We were not contesting a trial there. We had to convince the courts that a prima facie case is made out to justify extradition to India," a senior officer said.

The findings reached by Kumar in his probe managed to achieve a conclusive argument in support of extradition of Mallya to India which culminated in the UK High Court denying him the leave to approach the Supreme Court to challenge his extradition.

Kumar was lauded by the CBI for his efforts in the case.

"CBI appreciates the painstaking investigation, the hard work and the meticulous efforts of Investigating Officer Suman Kumar, Additional SP, CBI in successfully pursuing investigation and extradition proceedings against the fugitive," the agency spokesperson said.

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criminal-lawyer-in-delhi · 5 months ago

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Why Sidhant Dhingra & Associates Law Firm is Your Top Choice

When navigating the complex and often intimidating world of criminal law, choosing the right legal representation can make a huge difference. For over a decade, Siddhant Dhingra & Associates has established itself as a leading Criminal Law Firms in Delhi , renowned for its expertise, dedication and exceptional track record. Here's why we are your top choice for criminal law matters, especially those involving high-profile and sensitive matters.

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postolo · 6 years ago

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2018 SCC Vol. 9 November 7, 2018 Part 3

Arbitration and Conciliation Act, 1996 — S. 34(5) and Ss. 34(6), 34(3) and 29-A: Requirement of issuance of prior notice to the other party and filing of an affidavit endorsing compliance with the said requirement under S. 34(5), is directory and not mandatory. Considerations of convenience and justice are uppermost, and if general inconvenience or injustice results, without promoting the real aim and object of the enactment, the provision must be declared to be directory. Subsection (5) is not a condition precedent, but a procedural provision which seeks to reduce the delay in deciding applications under S. 34. Further, to construe such a provision as being mandatory would defeat the advancement of justice as it would provide the consequence of dismissing an application filed without adhering to the requirements of S. 34(5), thereby scuttling the process of justice by burying the element of fairness. However, it shall be the endeavour of every court in which a S. 34 application is filed, to stick to the time-limit of one year from the date of service of notice to the opposite party by the applicant, or by the court, as the case may be. Further, in case the court issues notice after the period mentioned in S. 34(3) has elapsed, every court shall endeavour to dispose of the S. 34 application within a period of one year from the date of filing of the said application similar to what has been provided in S. 14 of Commercial Courts Act, 2015. Also, in cases covered by S. 10 r/w S. 14 of the Commercial Courts Act, 2015, the Commercial Appellate Division shall endeavour to dispose of appeals filed before it within six months, as stipulated and appeals which are not so covered will also be disposed of as expeditiously as possible, preferably within one year from the date on which the appeal is filed. [State of Bihar v. Bihar Rajya Bhumi Vikas Bank Samiti, (2018) 9 SCC 472]

Civil Procedure Code, 1908 — Or. 39 Rr. 1 & 2 — Interim stay — Grant or refusal: While passing an order on interim stay application, justifiable reason(s) to support grant or rejection of prayer as to stay must be stated in the order keeping in view the facts and law applicable to the controversy involved. [Birwati Chaudhary v. State of Haryana, (2018) 9 SCC 458]

Civil Procedure Code, 1908 — Or. 41 R. 27, Or. 41 R. 23-A & Or. 41 R. 25 and Ss. 96 & 100 — Procedure to be followed by appellate courts after receiving additional evidence: Once additional evidence is permitted at appellate stage, other side must be given opportunity to lead rebuttal evidence to counter additional evidence. Appellate courts have two options (i) to take recourse remanding entire matter under Or. 41 R. 23-A for retrial, or (ii) to make limited remand under Or. 41 R. 25 by retaining main appeal with itself so that parties can lead evidence on particular issues in light of additional evidence and then to decide main appeal on merits. [Corpn. of Madras v. M. Parthasarathy, (2018) 9 SCC 445]

Civil Procedure Code, 1908 — Ss. 96(3), 100, 114 & Or. 23 R. 3-A: Challenge to compromise decree is not permissible except on ground of fraud. Such challenge can be by way of fresh suit, or review petition. [Ved Pal v. Prem Devi, (2018) 9 SCC 496]

Constitution of India — Arts. 21, 25, 19 and 29 and Preamble — Cow vigilantism and incidents of lynching solely based on perception: There is necessity of strengthening police administration. Pluralism and tolerance is essential values constituting building blocks of free and democratic society. It is the duty of State to promote fraternity amongst all citizens so that dignity of every citizen is protected, nourished and promoted, and to prevent crime and untoward incidents. Lynching affront to rule of law and exalted values of Constitution itself while vigilantism for whatever purpose or borne out of whatever cause undermines legal institutions of State. Such extrajudicial attempts under guise of law required to be nipped in bud lest it leads to anarchy and lawlessness corroding nation. It is the primary responsibility of State to foster secular, pluralistic and multicultural social order so as to allow free play to ideas and beliefs and coexistence of mutually contradictory perspectives. Directions covering areas of preventive, remedial and punitive measures, issued. [Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501]

Contempt of Court — Civil Contempt — Purging of contempt/Opportunity to comply: Once the order dt. 8-3-2001 passed by Single Judge directing appellant FCI to frame scheme or to find ways to absorb respondent workmen within one year had attained finality it was required to be complied with in pith and substance. [Food Corpn. of India v. W.B. FCI Workmen’s Union, (2018) 9 SCC 469]

Criminal Procedure Code, 1973 — S. 378(3) — Application for grant of leave to appeal under — Parameters which High Court should keep in mind while deciding — Principles reiterated: In this case Trial court acquitted respondent-accused of charge of offences punishable under Ss. 363, 366, 376 and 120-B IPC. Application was filed by State for leave to appeal against such acquittal before High Court and High Court rejected it without assigning any reasons. Such casual approach of High Court, disapproved by the Supreme Court and matter was remanded back to it for decision afresh on merits, keeping in view law laid down by Supreme Court in Sujay Mangesh Poyarekar, (2008) 9 SCC 475. [State of U.P. v. Anil Kumar, (2018) 9 SCC 492]

Criminal Procedure Code, 1973 — S. 482: Quashment of subsequent criminal proceedings based on new set of facts merely because earlier criminal proceedings related to present matter were quashed, not proper. [Om Prakash Singh v. State of Bihar, (2018) 9 SCC 440]

Criminal Trial — Practice and Procedure — Abatement — Abatement of appeal: As there was report by High Court along with copy of death certificate regarding death of sole respondent in appeal, appeal stood abated against deceased and was dismissed as having abated. [State of Karnataka v. Srinivasa, (2018) 9 SCC 463]

Environment Law — Vehicular Pollution: NGT passed an order of plying of only CNG buses/coaches and other vehicles at Delhi Airport. Due to incompatibility of other vehicles to CNG mode, direction issued by NGT restricted to only buses and coaches. [Narangs International Hotels (P) Ltd. v. Society for Protection of CHETNA, (2018) 9 SCC 499]

Income Tax Act, 1961 — S. 10(20) (as amended by the Finance Act, 2002) — Noida Authority: After omission of S. 10(20-A) the only provision under which a body or authority can claim exemption was S. 10(20) and further, local authority having been exhaustively defined in the Explanation to S. 10(20), an entity has to fall under S. 10(20) to claim exemption. Further, the Explanation now containing the exhaustive definition of local authority, the definition of local authority as contained in S. 3(31) of the General Clauses Act, 1897 no more applicable. Also, the Explanatory Note to Finance Act, 2002 clearly indicate that by the Finance Act, 2002 the exemption under S. 10(20) had been restricted to Panchayats and Municipalities as referred to in Arts. 243-P(d) and 243-P(e) of the Constitution, and further by deletion of clause (20-A), the income of the Housing Boards of the States and of Development Authorities became taxable. Noti. dt. 24-12-2001 was issued by the Governor in exercise of the power under the proviso to clause (1) of Art. 243-Q of the Constitution of India specifying the appellant Authority to be an “industrial township” with effect from the date of the notification in the Official Gazette. The proviso did not contemplate constitution of an industrial establishment as a Municipality, rather clarified that an exception where Municipality under clause (1) of Art. 243-Q may not be constituted in an urban area. Further, the object of issuance of notification was to relieve the mandatory requirement of constitution of a Municipality in a State in the circumstances as mentioned in the proviso but exemption from constituting Municipality does not lead to mean that the industrial establishment which is providing municipal services to an industrial township is same as Municipality as defined in Art. 243-P(e). Thus, held, industrial township as specified under Noti. dt. 24-12-2001 was not akin to Municipality as contemplated under Art. 243-Q. Hence, held, appellant Authority is not covered by the definition of “local authority” as contained in the Explanation to S. 10(20). [NOIDA v. CIT, (2018) 9 SCC 351]

Income Tax Act, 1961 — S. 194-A(3)(iii)(f) — Benefit of exemption given under Noti. No. S.O. 3489 dt. 22-10-1970 — Tax deduction at source on payment of interest by bank to Noida Authority: There is a well-marked distinction between a body which is created by the statute, on the one hand, and a body which after having come into existence is governed in accordance with the provisions of the statute, on the other. For instance, a company incorporated under the Companies Act is not a statutory body because it is not created by the statute but it is a body created in accordance with the provisions of the statute. When the words “by and under an Act” are preceded by the words “established”, the reference is to a corporation established, that it is brought into existence, by an Act or under an Act i.e. the term refers to a statutory corporation as contrasted from a non-statutory corporation incorporated or registered under the Companies Act. The preamble of that Act reads “an Act to provide for the constitution of an Authority for the development of certain areas in the State into industrial and urban township and for matters connected therewith”. Thus, the Act itself provided for constitution of an authority. Further, “the Authority” had been constituted by a Noti. dt. 17-4-1976 issued under S. 3 of the 1976 Act. Further, following the ruling in Satish Prabhakar Padhye, (2010) 4 SCC 378, wherein the State Financial Corporation was stated to be a corporation established under a Central Act, held, the Authority was covered by the Noti. dt. 22-10-1970. [CIT v. Canara Bank, (2018) 9 SCC 322]

Income Tax Act, 1961 — S. 194-I r/w S. 10(20) (as amended by the Finance Act, 2002) — Circular dt. 30-1-1995 — Deduction of income tax at source on payment of lease rent to Noida/Greater Noida Authority: The definition of rent as contained in the Explanation to S. 194-I is a very wide definition and payment to be made as annual rent is rent within the meaning of S. 194-I. Further, Circular dt. 30-1-1995 granting exemption from deduction of income tax at source, was issued on the strength of Ss. 10(20-A) and 10(20) as it existed at the relevant time and the very basis of the circular has been knocked out by the amendments made by the Finance Act, 2002. Thus, the circular could not be relied on by Noida/Greater Noida Authorities to contend that there was no requirement of deduction of tax at source. Therefore, tax is required to be deducted at source on payment of lease rent to Greater Noida Authority, as per S. 194-I. [NOIDA v. CIT, (2018) 9 SCC 342]

Motor Vehicles Act, 1988 — Ss. 166 & 173 and Sch. II — Compensation: Award of lump sum compensation without following multiplier method is not permissible. Compensation has to be just compensation. Mode of award in cases of permanent disability has to be based on functional disability or actual loss of income/income-earning capacity. Due to changed scenario in view of cost of living and current rate of inflation, Second Schedule provided under Motor Vehicles Act became redundant. [Anant v. Pratap, (2018) 9 SCC 450]

Penal Code, 1860 — S. 302 — Accused allegedly strangulated his wife to death: A-1(respondent-accused) was allegedly having illicit relationship with A-2 (since dead) and on account of which, there was altercation between A-1 and his wife, and he allegedly strangulated her to death. However, conviction of A-1 under S. 302, was held to be rightly reversed by High Court. [State of Karnataka v. Srinivasa, (2018) 9 SCC 460]

Penal Code, 1860 — Ss. 302, 147 and 148 r/w S. 149 — Murder trial — Appeal against acquittal: Re-appreciation of evidence was done by High Court as Trial court did not properly appreciate evidence and approach of trial court was found perverse. Testimony of eyewitnesses was also found credible. FIR was lodged promptly. Evidence of eyewitnesses was corroborated by medical evidence. Prosecution case was further corroborated by recovery of weapons from accused. Bloodstains found on weapons recovered from accused, were of blood group of deceased, which was yet another piece of evidence corroborating evidence of eyewitnesses and strengthening prosecution case. Hence, reversal of acquittal by High Court, confirmed. [Motiram Padu Joshi v. State of Maharashtra, (2018) 9 SCC 429]

Public Accountability, Vigilance and Prevention of Corruption — Vigilance Authorities: Validity of appointments to post of Central Vigilance Commissioner (CVC) and Vigilance Commissioner (VC), affirmed. Ground of violation of principle of impeccable integrity and institutional integrity, rejected as aspersions were based on false, vague, non-specific, unsubstantiated and/or baseless allegations/representations/complaints. [Common Cause v. Union of India, (2018) 9 SCC 382]

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crookedobjectfire-blog · 7 years ago

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Simple Curiosity Vs. Compound Curiosity

Simple Interest Vs. Compound Interest

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career-pathways-blog · 7 years ago

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Aspects of Cyber Law

The virtual world of internet, through which we make almost all transactions now, is known as cyberspace. The laws overlooking this cyberspace are called Cyber Laws. In today's techno-savvy environment, we are becoming more and more digitally inclined and so are the crimes. Internet was initially developed as a research and information sharing tool, and meant to be a pool of knowledge. As the time is passing by it is becoming more transactional with e-business, e-commerce, e-governance and e-procurement etc. As the number of internet users is increasing day by day, the need for cyber laws and their application is gathering a great momentum.

The Job of a Cyber Lawyer

Cyber Law is the term used to describe the issues related that deal with the Internet's relationship to technological and electronic elements, communication technology, including computers, software, and hardware and information systems. Cyber-crime is a generic term that refers to all criminal activities done using the medium of communication technology components, the Internet, cyber space and the World Wide Web (WWW).

The introduction of new digital information and communications technologies has given birth to a new legal domain, commonly called Information and Communication Technology Law or more fashionably – Cyber Law. With the phenomenal growth of cyberspace, issues relating to various legal aspects of cyberspace started cropping up. In response to the absolutely complex and newly emerging legal issues relating to cyberspace, a new and highly specialized branch of law, Cyber Law, came into being.

This field has more significant career opportunities in the field of Law. One can get offers form IT firms, police department, public and private organisations, corporate houses, professors in universities and many more. Cyber law is also a very important aspect of legal training and corporate management. Legal and management professionals regularly enrol for cyber training. The present cyber law education trends in India show that online cyber law education in India would be the norm in the near future.

A cyber lawyers has to crack down cybercrimes like hacking, credit card frauds, protecting digital signatures to safeguard business transactions or encryption codes or electronic records etc. He has to deal with the cases of Intellectual Property laws or Copyrights, Software patents, Net Banking etc.

Professional courses carry a multidisciplinary task as it a multidimensional subject. While studying such a subject, one needs to acquire knowledge of technology as well as laws governing different issues. These courses are oriented to support e-business. There are many short term and long term courses available online or offline on the exotic subject of cyber laws.

There is a possibility to consolidate the technological advancements in the past. The internet users are increasing tremendously every year and at the same time there is also rise in the number of people using mobiles and smart phones. Cyber law is likely to experience various emerging trends with the increased usage of digital technology.

The various emerging trends include

• Challenges in Mobile Laws • Legal Issues of Cyber Security • Cloud Computing and Law • Social Media and Legal Problems • Spam Laws

What are the job roles?

• Cyber Lawyer • Lawyer • Cyber Assistant • Legal Advisor • Cyber Consultant in an IT firm, police department or in banks. • Research assistants in a law firm. • Research assistants in a technology firm. • Advisors to the web developers. • Advisors in the Ministry of Information and Technology or in Corporate Houses. • Security Auditors and Network Administrators in Technology firms. • Trainers in law schools and Multinational Corporations.

How Do You Become a Cyber Lawyer? 1. For those interested in opting for a career in cyber law, one needs to specialize in Cyber laws (LLM) after completing bachelors in Law (LLB). 2. One can also take up diploma and certificate courses after graduation in any field of after specialized IT degrees and training.

Several premier law universities in India and several other colleges offer post graduate and diploma courses in cyber-crime laws. Students who would want to get an insight into the actual work could do so by working as an intern, which would enable them to gather some valuable information and experience in the field of cyber laws. Studying Cyber Laws can help the IT Professionals to provide better organizational security to their firms and let them know about the better legal aspects of the issues related to e-business. Even chartered accountants and banking professionals can gain by studying about the Cyber Laws.

What Skills Do You Need for the Job?

• Good observational, practical and analytical skills • In depth knowledge in computers and software • Being well updated with the current happenings in the field of technology and cybercrimes • Work with a lot of dexterity and dedication • Sound communication skills • Excellent presentation, negotiation, and communication skills

Salary and emolument

As a beginner, one could initially expect a remuneration of about Rs 10,000 - 15,000, although professional cyber lawyers have an average pay of Rs 50,000 and above with several other perks. The remuneration demanded by cyber lawyers vary with respect to one’s experience and skills.

Top Courses and Institutes:

• National Law School of India University, Bangalore • NALSAR University of Law, Hyderabad • National Law University, Delhi • National Law Institute University, Bhopal • ILS Law College, Pune • Asian School of Cyber Laws (Pune) • Centre for Distance Education (University of Hyderabad) • Amity Law School (Delhi) • Department of Law (University of Delhi) • Cyber Law College (Chennai, Mysore, Mangalore, Bangalore)

Radhika Kulkarni Counseling Psychologist

#cyber law #cyberspace #world wide web service #InternetSecurity #cybercrime #Ethical-Hacking

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