Category: Entertainment

Entertainment is a form of activity that holds the attention and interest of an audience or gives pleasure and delight. It can be an idea or a task,

Dil Bechara – An Honest Review

The first time I read ‘The Fault In Our Stars,’ my heart skipped a beat with each page turn. This was before the book became popular. I always enjoyed books and music before it the bestselling charts.

Hazel Grace and Augustus Waters are one of a kind. They were burdened by cancer and their loved one’s hidden emotions. Until they found each other, they were alone amidst the crowd. They were each-others safe havens.

Hazel Grace’s grenade dialogue scene was heart-breaking and

When the Hollywood movie came out starring Ansel Elgort and Shailene Woodley, I was slightly disappointed. Like every other book made into a movie, it lost its touch.

I felt the same way when I watched Dil Bechara. The Bollywood make was a lot different from the book. They changed the book to a song, the author to a musician, Amsterdam to Paris. More than any of that this movie was so different than the book itself. Instead of creating a new identity for itself, it was just a loose compilation of scenes.

I understand that the movie was made for the Indian youth to relate to, but in the heavily social world, we are more modern than before.

Kizie was introduced attending strangers’ funerals to share her pain realizing that she too might die soon and her loved ones would go through the same. That unexplained scene gave the movie an edge. It was a beautiful scene. She, herself didn’t realize the reason she was drawn to funerals.

Manny’s funeral scene was heartbreaking and my friend described her want to crawl into the screen and give Kizie and Manny a tight hug each.

The songs weren’t that great, commercial success wise. But A. R. Rahman’s composition was peaceful and I loved them.

However, the new comer Sanjana Sanghi, playing Kizie did wonderful on her part. She was perfect when she needed to be stiff, stubborn, emotional and in love. She has an amazing career ahead of us and will be worthy of all the opportunities to hone her skills.

Sushant Singh Rajput, as Manny was as gracious as ever. He had his charming smile and adorable personality throughout.

I would have loved if both the great actors were playing their parts in a different plot. Stirring clear of John Greens book.

The movie had 95 million views in the first 24 hours. It was a tribute to Sushant Singh Rajput. Many shed tears, not with the characters but for the actor himself.

The slideshow tribute for Sushant in the end was comforting and warm. It was sweet and made a million people shed tears for him and his premature death. We loved Sushant and he will always have a special place in our hearts forever.

In the weeks after his death, many speculations were made, cases filed, trending hashtags. But it felt good to switch off from social media and watch his last movie. Hotstar and Disney+ did a great job letting viewers stream the movie for free.

You can watch the movie on Hotstar and Disney+.

You can stream all songs of the movie on YouTube and on any other music app.

When the movie came out starring Ansel Elgort and Shailene Woodley, I was slightly disappointed. Like every other book made into a movie, it lost its touch.

I felt the same way when I watched Dil Bechara. The Bollywood make was a lot different from the book. They changed the book to a song, the author to a musician, Amsterdam to Paris. More than any of that

YouTubers and YouTube Web Series

Amidst the pandemic, I found it hard to be productive. Being thankful for my privilege, I spent times exploring YouTube.

Here’s a list of Youtubers and YouTube Brands I love:

  • Mostly Sane
  • Bake with Shivesh
  • The Detail Geek
  • Cooking Shooking
  • Jordindian
  • Filter Copy
  • Gabriel Iglesias
  • The Ellen Show
  • East India Company
  • Safiya Nygaard
  • The Try Guys
  • Jess and Gabriel
  • Ladylike
  • Shitty Ideas Trending
  • KKandbabyJ
  • Cupcake Jemma
  • Collins Key  
  • Sejal Kumar
  • OKbaby
  • Keren Swan
  • Jimmy Kimmel Live
  • Chloe Rose Art
  • Jess Conte
  • 8 Passengers
  • Cody and Lexy
  • Rebal D
  • Gabriel Conte
  • OK Tested
  • Dice Media
  • Penn Masala

WEBSERIES:

  • Operation MBBS – “Operation MBBS chronicles the lives of three first year students – Huma, Sakshi and Nishant in one of the best MBBS colleges in the country. Follow their journey as they navigate through friendships, hardships and medical student life.”
  • Wrong Number – “Story revolving around a hilarious confusion where Karan, a 2nd year engineering student, receives a message from Khushi, a medical student, on his (not so) new number. The catch here is that Karan’s new number previously belonged to Rajat, who was Khushi’s ex-boyfriend. Rajat broke contact with Khushi after a fight they had around the time when school ended and never contacted her again. But Khushi never gave up her efforts of contacting him. So now, when this number switch happens, Khushi is under the illusion that she is talking to Rajat whereas it’s Karan on the other side.”
  • College Romance – “Three best friends look for love, laughs and some lifelong memories while attending college together.”
  • Girlsplaining – “How can two girls, a batchmate and a senior, teach and train a guy who is clueless about relationships and sex?”
  • Girl in the City – “This show is about a young girl who comes to Mumbai to live her dreams and aim at her aspirations. It is about her journey in the big city.”
  • Adulting – “Adulting is a coming of age story about two young women trying to handle the responsibilities of being independent adults in the fast-paced, urban bustle of Mumbai.”
  • Kota Factory – “Dedicated to Shrimati SL Loney ji, Shri Irodov ji and Maanniya HC Verma ji, ‘Kota Factory’ is TVF’s latest original. India’s first ‘Black and White’ show highlights the problems present day IIT-JEE aspirants face in their day-to-day lives.”
  • Engineering Girls – “Three engineering students deal with dorm drama, date around, and do whatever it takes to make their dreams come true.”
  • What the Folks – “’What The Folks’ is a journey of how modern families are breaking stereotypes, overcoming generation gaps, and growing to love one another, despite having starkly different world views.”
  • Soulmates – “The story revolves around the two ex-schoolmates who bump into each other while on the trip to Shillong. Priyanshu, an aspiring music composer who is in Shillong chasing the girl of a rock band accidentally meets his schoolmate Anshul Chauhan who is on a solo bike trip across northeast. Two meet unexpectedly and fall in love, or maybe they don’t, but both of them have been giving some really adorable vibes.”
  • The Reunion – “Aarya, Dev, Deva and Gaurav go back to school after 10 years only to realise its important to look back to move forward. Friendships, relationships and some memories are at stake. Amidst the Bourbon High Batch of 2008, they find answers to what was left behind.”

Netflix Movie Suggestions – Hindi and English

Amidst the pandemic, I found it hard to be productive. Being thankful for my privilege, I spent times exploring movies.

Here’s a list of Hindi and English movies on Netflix.

Hindi:

  • Rock On – “Four musician friends fail to make it big as a band due to a misunderstanding. Years later, they reignite their dream by forgetting their woes and embark on a journey they had left incomplete.”
  • Jaane Tu Ya Jaane Na – “Best friends Jai and Aditi make for a perfect couple but refuse to consider a romantic relationship. However, when they start dating other people, they realise that they are actually in love.”
  • Main Hoon Na – “Major Ram is given orders to go undercover as a college student to protect a general’s daughter from a rogue soldier. He even has to fulfil his dying father’s desire to reconcile with his family.”
  • The Sky is Pink – “Based on the life of motivational speaker Aisha Chaudhary, who died in 2015 when she was 18. Aisha tells the love story of her parents over a period of 25 years.”
  • Kai Po Che – “Three friends start an academy to train budding cricketers. But to realise their goals in a turbulent city, they must face earthquakes, religious disparities, politics and riots.”
  • Tanu Weds Manu – “Manu, an NRI doctor, comes to India in search of a bride and falls in love with Tanu. Poles apart from her suitor, Tanu, a fun-loving girl, rather enlists his help in eloping with her lover.”
  • Rang de Basanti – “When Sue selects a few students to portray various Indian freedom fighters in her film, she unwittingly awakens their patriotism. The emotional and mental process turns them into rebels for a cause.”
  • Taare Zameen Par – “Ishaan is criticised by his parents for his poor academic performance and is sent away to a boarding school. Ram, an art teacher, however, realises he has dyslexia and helps him uncover his potential.”
  • Bulbbul – “A child bride grows into an enigmatic woman ruling over her household, hiding her painful past, as supernatural murders of men plague her village.”

English:

  • The Kissing Booth – “The Kissing Booth is a 2018 American teen romantic comedy film written and directed by Vince Marcello, based on the novel of the same name by Beth Reekles.”
  • The Perfect Date – “A high school student creates an app to offer his services as a fake date to make money for college. When he develops feelings for someone, his plan gets complicated.”
  • Sleepless in Seattle – “Realising that Sam has still not come to terms with his wife Maggie’s death, his eight-year-old son Jonah forces him to call a national radio talk show, with the hopes of finding him a companion.”
  • We’re the Millers – “David, a drug dealer, is forced by his boss to smuggle drugs from Mexico. He hires a stripper, a petty thief and a teenage neighbour and forms a fake family to help him smuggle the drugs.”
  • Five Feet Apart – “Seventeen-year-old Stella spends most of her time in the hospital as a cystic fibrosis patient. Her life is full of routines, boundaries and self-control — all of which get put to the test when she meets Will, an impossibly charming teen who has the same illness. There’s an instant flirtation, though restrictions dictate that they must maintain a safe distance between them. As their connection intensifies, so does the temptation to throw the rules out the window and embrace that attraction.”
  • Set It Up – “Two overworked and underpaid assistants come up with a plan to get their bosses off their backs by setting them up with each other.”
  • Bridget Jones Diary – “Bridget, a single woman, writes a diary which focuses on the things she wishes to happen in her life. However, her life changes when two men vie for her affection.”
  • Flipped – “Bryce wants nothing to do with his neighbour Juli, who is outspoken about her attraction to him. But, just as Bryce starts to look at Juli differently, she decides she wants nothing to do with him.”
  • Miss Congeniality – “Gracie Hart, a tomboyish detective, is made to infiltrate the Miss United States beauty pageant as a contestant after her department learns that the event is under threat from an anonymous bomber.”

Prime Video Shows to Watch Now – Hindi and English

I love hanging out with friends and family, going to the beach or just being a couch potato and binge -watching TV shows or watching a good movie.

Yvette Gonzalez-Nacer

Amidst the pandemic, I found it hard to be productive. Being thankful for my privilege, I spent times exploring TV shows.

Here’s a list of Hindi and English shows on Prime Video.

English:

  • Man With A Plan – “Andi Burns, a housewife, decides to return to work and make a career. As a result, her husband, Adam, faces the challenge of parenting their three unruly children while also running a business.”
  • The Originals – “The Original family of vampires settle down in the city of New Orleans that they helped to construct several decades ago. They encounter old buddies and confront new foes.”
  • Young Sheldon – “Sheldon Cooper, a bona fide genius, has been promoted four grades. Meanwhile, he struggles to fit in with his unintellectual family in Texas.”
  • Supernatural – “Brothers Dean and Sam follow in their father’s footsteps and set out to eliminate monsters, demons and other supernatural entities that exist on Earth.”
  • One Tree Hill – “Half-brothers Nathan and Lucas attempt to deal with their lives and bond over their love for basketball in the small town of Tree Hill, North Carolina.”
  • Legacies – “Hope Mikaelson, the daughter of a werewolf and a vampire, attends the Salvatore School for the Young and Gifted and learns to use and control her supernatural abilities.”
  • Jack Ryan – “Author Tom Clancy introduced the character of Jack Ryan in a series of books before Ryan headed to the big screen in several films. Now the former U.S. Marine is featured in an episodic series for the first time, with John Krasinski portraying Ryan in this Amazon original thriller that centers on Ryan as an up-and-coming CIA analyst. He is thrust into a dangerous field assignment for the first time and uncovers a pattern in terrorist communication. That launches him into the middle of a dangerous gambit with a new breed of terrorism that threatens destruction on a global scale.”
  • Modern Love – “A co-production of Amazon Studios and the New York Times, this anthology series explores love in all of its complicated and beautiful forms, as well as its effects on the human connection. Each episode brings to life a different story that has been inspired by the newspaper’s popular Modern Love column. The romantic comedy series features a star-studded cast that includes such notable actors as Jane Alexander, Emmy winner Tina Fey, Andy Garcia, Oscar winner Anne Hathaway, Dev Patel and John Slattery.”
  • Greys Anatomy – “Surgical interns and their supervisors embark on a medical journey where they become part of heart-wrenching stories and make life-changing decisions in order to become the finest doctors.”
  • The Office – “A motley group of office workers go through hilarious misadventures at the Scranton, Pennsylvania, branch of the Dunder Mifflin Paper Company.”
  • Citizen Khan – “Mr Khan often gets in trouble because of his loud mouth. His wife and daughters are fed up of his antics when he becomes a self-appointed Muslim community leader.”
  • Scorpion – “Cabe Gallo recruits computer intellect Walter O’Brien, who has a 197 IQ, and his own team of bright experts. Together they solve major crises that arise around the globe.”

Hindi:

  • Breathe – “This thriller explores the lives of ordinary men faced with extraordinary circumstances. As unconventional Crime Branch officer Kabir puts together the pieces of seemingly unconnected deaths of organ donors, it leads him to an unlikely suspect — affable Danny, who seeks an organ transplant for his dying son, Josh. Kabir becomes determined to do whatever it takes to crack the case and deliver justice for the victims’ loved ones.”
  • Breathe Into The Shadows – “Two desperate men engage in the cat-and-mouse game to save the person they love.”
  • Comicstaan – “Seven of India’s most talented comedians judge and mentor up-and-coming comics to find India’s next big comic sensation.”
  • Paatal Lok – “A cynical inspector is tasked with investigating a high-profile case which leads him into a dark realm of the underworld.”
  • Mirzapur – “Akhandanand Tripathi made millions exporting carpets and became the mafia boss of Mirzapur. His son Munna, an unworthy, power-hungry heir, stops at nothing to continue his father’s legacy.”
  • The Family Man – “Srikant Tiwari is a middle-class man who also serves as a world-class spy. Srikant tries to balance his familial responsibilities with the demands of the highly secretive special cell of the National Intelligency Agency that he is working for.”
  • Four More Shots Please! – “Four unapologetically flawed women live, love, blunder and discover what really makes them tick through friendship and tequila in millennial Mumbai.”
  • Made In Heaven – “Tara and Karan are Delhi-based wedding planners who know that India is a society in transition, with tradition clashing with modern individual aspirations. With each ceremony, they enter into the lives of a different bride and groom. The weddings Tara and Karan service introduce them to the complexities of Indian life while providing mirrors to their true selves — Tara, a woman from the wrong side of the tracks who clawed her way up into high society through marriage and Karan, a gay man living in a country where homosexuality is illegal.”
  • Mind The Malhotras – “Dealing with the typical mid-life marital problems, Shefali and Rishabh Malhotra seek professional help to ensure that they do not end up getting divorced like most of their couple friends.”

Movies on Prime – English and Hindi

I love hanging out with friends and family, going to the beach or just being a couch potato and binge -watching TV shows or watching a good movie.

Yvette Gonzalez-Nacer

Amidst the pandemic, I found it hard to be productive. Being thankful for my privilege, I spent times exploring movies.

Here’s a list of Hindi and English movies on Prime Video.

Hindi:

  • Zindagi Na Milegi Doobara – “Friends Kabir, Imran and Arjun take a vacation in Spain before Kabir’s marriage. The trip turns into an opportunity to mend fences, heal wounds, fall in love with life and combat their worst fears.”
  • Hasee Toh Phasee – “Nikhil is a struggling businessman who thinks he is in love with his girlfriend, Karishma, and wants to marry her. But he ends up falling in love with her smart, geeky and quirky sister, Meeta.”
  • Mardaani 2 – “Sunny, a psychopath working for a politician, brutally rapes and murders innocent women, leaving a trail of battered bodies in his wake. However, SP Shivani Roy vows to catch and bring him to justice.”
  • Kabhi Khushi Kabhi Gham – “Rahul, the adopted older son of a rich couple, is banished by his father when he chooses to marry a middle-class woman. Years later, his younger brother, Rohan, sets out to find him.”
  • Love Break Ups Zindagi – “Two strangers, Jai and Naina, and their friends find their lives changing after attending a wedding as they struggle to find their true love.”
  • Chak De India – “Kabir Khan, a former hockey star, is tainted as someone who betrayed his country. However, he begins coaching the Indian women’s national hockey team to prove his loyalty to the nation.”
  • Mujhse Dosti Karoge – “Raj falls in love with Tina after their friendship blossoms via emails. However, he is unaware that Tina’s best friend, Pooja, is the one writing these mails.”
  • Raabta – “Shiv and Saira fall in love with each other and soon become inseparable. Their relationship is put to the test when Saira’s reincarnated lover from her past life returns.”
  • Shubh Mangal Zyaada Saavdhan – “Gay couple Kartik and Aman face a long and difficult road to happiness as they battle opposition from Aman’s family. However, Kartik isn’t prepared to step back until he marries Aman.”
  • Section 375 – “Rohan Khurana, a celebrated filmmaker, stands accused of rape by Anjali Dangle, a junior costume designer, and is sentenced to ten years of jail time by a sessions court.”
  • Chef – “When he loses his job, Roshan, a chef, decides to spend time with his son, who lives with his ex-wife. While doing so, she suggests a business idea, which he then begins to pursue.”
  • 3 Idiots – “In college, Farhan and Raju form a great bond with Rancho due to his refreshing outlook. Years later, a bet gives them a chance to look for their long-lost friend whose existence seems rather elusive.”
  • Karwaan – “Avinash and his friend Shaukat decide to take a trip to Kochi to sort out a misunderstanding. However, due to a twist of fate, a teenager ends up joining them on the trip.”
  • Humpty Sharma Ki Dulhania – “A girl from Ambala, Kavya Pratap Singh, is about to be married to an NRI. When she visits Delhi to shop for her trousseau, she meets Humpty Sharma, a carefree Delhiite, and falls in love with him.”

English:

  • Harry Potter Series – “Harry Potter is a British-American film series based on the eponymous novels by author J. K. Rowling. The series is distributed by Warner Bros. and consists of eight fantasy films.”
  • What If – “Wallace has had several failed relationships, but when he meets Chantry, things change. With time, they realise that they are falling in love, but Chantry already has a boyfriend.”
  • Joker – “Forever alone in a crowd, failed comedian Arthur Fleck seeks connection as he walks the streets of Gotham City. Arthur wears two masks — the one he paints for his day job as a clown, and the guise he projects in a futile attempt to feel like he’s part of the world around him. Isolated, bullied and disregarded by society, Fleck begins a slow descent into madness as he transforms into the criminal mastermind known as the Joker.”
  • Crazy Rich Asians – “Rachel, a professor, dates a man named Nick and looks forward to meeting his family. However, she is shaken up when she learns that Nick belongs to one of the richest families in the country.”
  • How to Lose a Guy in 10 Days – “Benjamin is challenged by his co-workers to make a woman fall in love with him. On the other hand, Andie has to write an article on how to lose a man in 10 days.”
  • Mr. and Mrs. Smith – “A husband and wife struggle to keep their marriage alive until they realise they are both secretly working as assassins. Now, their respective assignments require them to kill each other.”
  • She’s the Man – “When Viola’s football team is dissolved and she is not allowed to play on the boys’ team either, she disguises herself as her twin brother and participates in the tournament.”
  • The DUFF – “When Bianca realises that she is being used by people to get to her popular friends, she decides to change. She begs her former friend to rebuild her image in exchange for teaching him science.”
  • Bride Wars – “Two childhood best friends, who have made many plans together for their respective weddings, turn into sworn enemies in a race to get married before the other.”

Formation of LLP in India

CONCEPT OF LLP

DEFINITION OF LLP

LLP is a corporate business vehicle that enables professional expertise and entrepreneurial initiative to combine
and operate in flexible, innovative and efficient manner, providing benefits of limited liability while allowing its
members the flexibility for organizing their internal structure as a partnership.

The Limited Liability Partnership Act, 2008(LLP Act) does not provide an exhaustive definition. Sub-section (n)
of section 2 of the Act states that “limited liability partnership” means a partnership formed and registered under
this Act.

NATURE AND CHARACTERISTICS OF LLP

1. The LLP is a body corporate having separate entity from its partners and perpetual succession.

2. An LLP in India is governed by the Limited Liability Partnership Act, 2008 and, therefore, the provisions
of Indian Partnership Act, 1932 are not applicable to it.

3. Every Limited Liability Partnership shall use the words “Limited Liability Partnership” or its acronym
“LLP” as the last words of its name.

4. An LLP is a result of an agreement between the partners, and the mutual rights and duties of partners
of an LLP are determined by the said agreement subject to the provisions of LLP Act, 2008.

5. The LLP being a separate legal entity is liable for all its assets, with the liability of the partners limited only to the amount of contributed by them just like a company. No partner will be individually liable for any wrongful acts of other partners. However if the LLP was formed for the purpose of defrauding creditors or for any fraudulent purpose, then the liability of the partners who had the knowledge will be unlimited.

6. There must be at least two designated partners in every LLP of whom one shall be resident in India.

7. Every LLP shall maintain annual accounts to show its true state of affairs. It must prepare a statement of accounts and solvency every year and file with the Registrar.

8. The Central Government may, whenever it thinks fit, investigate into the affairs of an LLP by appointing a competent Inspector.

9. A firm, private company or an unlisted public company have the option to convert itself into LLP as per the provisions of the Act. Upon such conversion, the Registrar will issue a certificate to that effect. After issuance of a certificate of registration, all the property of the firm or the company, all assets, rights, obligations relating to the company shall be vested in the LLP so formed, and the firm or the company stands dissolved.

10. The name of the firm or the company is then removed from the Registrar of Firms or Registrar of Companies, as the case may be. Like the company, an LLP can be wound up either voluntary or by the Tribunal established under the Companies Act, 2013

11. The LLP Act 2008 also enables the Central Government to apply the provisions of the Companies Act whenever it thinks appropriate.

ADVANTAGES OF LLP

  1. Easy to form: Forming an LLP is an easy process. It is less complicated and time consuming unlike the process of formation of a company.

2. Liability: The partners of the LLP is having limited liability which means partners are not liable to pay the debts of the company from their personal assets. No partner is responsible for any other partner’s misconduct.

3. Perpetual succession: The life of the Limited Liability Partnership is not affected by death, retirement or insolvency of the partner. The LLP will get wound up only as per provisions of the LLP Act.

4. Management of the company: An LLP has partners, who own and manage the business. This is different from a private limited company, whose directors may be different from shareholders.

5. Easy transferability of ownership: There is no restriction upon joining and leaving the LLP. It is easy
to admit as a partner and to leave the firm or to easily transfer the ownership to others.

6. Taxation: an LLP is not subject to Dividend Distribution Tax. (DDT). Distributed profits in the hands of
the partners is not taxable. For Income Tax purposes, LLP is treated on par with partnership firms.

7. No compulsory audit required: Every business has to appoint an auditor for checking the internal
management of the company and its accounts. However, in the case of LLP, there is no mandatory audit required. The audit is required only in those cases where the turnover of the company exceeds Rs 40 lakhs and where the contribution exceeds Rs 25 lakhs.

8. Fewer compliance requirements: An LLP is much easier and cheaper to run than a private limited company as there are just three compliances per year. On the other hand, a private limited company has a lot of compliances to fulfil and has to compulsorily conduct an audit of its books of accounts.

9. Flexible agreement: The partners are free to draft the agreement as they please, with regard to their rights and duties.

10. Easy to wind-up: Not only is it easy to start, it is also easier to wind-up an LLP, as compared to a private limited company.

DISADVANTAGES OF LLP

  1. Restricted Access to Capital Markets: LLPs are small form of business and cannot get its shares listed in any stock exchange through initial public offerings. With this restriction, limited liability partnerships may find it difficult to attract outside investors to buy the shares.

2. Rights of partners: An LLP can be structured in such a way that one partner has more rights than another. So it isn’t a one vote per share system. So, some lesser partners may feel compromised if higher shareholders choose to move the business in a direction that affects their interests.

3. Public Disclosure of LLP Information: A LLP must file its Annual Returns, Financial Statements etc to the Registrar of LLPs annually. Which become public document once filed with Registrar of LLPs and may be inspected by general public including competitors by paying some fees to the Registrar of LLPs. Information disclosure can make an entity competitively disadvantaged. Competitors – especially those not required to disclose any documents – can access that information and use it to improve their own business.

4. Limitations in Formation of LLP: LLP cannot be formed by a single person. A non – resident Indian and a Foreign National willing to form a LLP in India must have one person resident in India to act as Designated Partner. Further FDI in LLP is allowed only through government route only and that too in those sectors only where 100% FDI is allowed under automatic route under the FDI Policy. This limitation makes LLP an unattractive form of business.

5. Offenses and penalties: Limited Liability Partnership Act, 2008 provides that for non-compliance on procedural matters such as delay in filing of e-forms, one has to pay default fee for every day for which the default continues. Such default fee would be payable at the rate of rupee one hundred per day after the expiry of the date of filing up to a period of three hundred days. The offense can result in either:-

(i)through payment of fine or

(ii) through payment of fine as well as imprisonment of the offender.

6. Exit Options are Not Easy for LLPs in default of Filings: A LLP who has defaulted in filings its
statement of accounts and annual return with the Registrar of LLPs, willing to shut down its operations
and wind up, will have to make its default good first by filing necessary e-forms with late filing fee. This
provision is making LLP an unattractive form of business as in India there are many businesses that are
ignorant about compliances.

7. Limitation in External Commercial Borrowings (ECB): Limited Liability Partnerships are not allowed
to raise ECB. Therefore, a LLP cannot avail commercial loans from its foreign partners, FIIs, Foreign
Banks, and any financial institution located outside India.

PROCEDURE FOR AN INCORPORATION OF LLP

The incorporation document shall be filed in Form FiLLiP (Form for incorporation of Limited Liability Partnership)
with the Registrar having jurisdiction over the State in which the registered office of the limited liability partnership
is to be situated.

If an individual required to be appointed as designated partner does not have a DPIN or DIN,application for allotment of DPIN shall be made in Form FiLLiP The application for allotment of DPIN shall not be made by more than two individuals in Form FiLLiP: an application for reservation of name may be made through Form FiLLiP: Provided also that where an applicant had applied for reservation of name under rule 18 in Form RUN-LLP (Reserve Unique Name-Limited Liability Partnership) and which has been approved, he may fill the reserved name as the proposed name of limited liability partnership.

THE SUMMARIES PROCEDURE FOR

Incorporation of LLP is as under:

  1. Procure DSC and DIN:

Procure DSC and DIN for the individuals acting as Designated Partners of LLP. A person, who already has a DIN, is not require to obtain any new DIN. Existing DIN to be used for Designated Partner (However, DIN should have all latest details such as resident of India, name, address etc.). Any person proposed to become the Designated Partner in a new LLP shall have to make an application through eform FiLLiP. An application for allotment of DIN up to two Designated Partners, shall be filed in an e-form FILLiP with the Registrar, in case of proposed Designated Partners not having approved DIN.

2. Name reservation: The first step in incorporation of an LLP is reservation of name of the proposed LLP. There
are two ways of reserving name of the proposed LLP.

i. File an application under LLP-RUN for ascertaining availability and reservation of the name of an LLP.

ii. Name can be proposed in eform FiLLiP, an application for incorporation of LLP.

3. Incorporate LLP: After reserving a name under LLP-RUN, applicant should file eform FiLLiP for incorporating a
new LLP. eform FiLLiP contains the details of LLP proposed to be incorporated, Partners’/ Designated Partners’
details and consent of the Partner/ Designated Partners to act as Partners/ Designated Partners. On approval
of the form, the RoC will issue the certificate of incorporation.

Where the Registrar, on examining Form FiLLiP, finds that it is necessary to call for further information or
finds such application or document to be defective or incomplete in any respect, he shall give intimation to the
applicant to remove the defects and re-submit the e-form within fifteen days from the date of such intimation
given by the Registrar.

After re-submission of the document, if the Registrar still finds that the document is defective or incomplete in
any respect, he shall give one more opportunity of fifteen days time to remove such defects or deficiencies:
Provided that the total period for re-submission of documents shall not exceed thirty days.

Documents to be attached with form FiLLiP:

i. Consent of the partners.

ii. In case of the partners who are body corporates, certified true copy of the board resolution is passed by such body
corporate partners.

iii. Proof of address of registered office of LLP.

iv. Subscribers’ sheet including consent.

v. Detail of LLP(s) and/ or company(s) in which partner/ designated partner is a director/ partner.

vi. Copy of approval obtained from any sectoral regulator/in-principle approval.

vii. Identity and address proof of individuals acting as Partner and/or Designated Partner.

viii. List of main objects of an LLP.

ix. If the name proposed is liked to registered trademark, NoC from the trade mark owner.


x. NOC of foreign body corporate for usage of name (In case of foreign entities intending to incorporate
LLPs in India).

WEBSITES REFERRED

  1. https://icsi.edu/media/webmodules/SBEC_BOOK_2020.pdf
  2. https://www.filingbazaar.com/service/llp-registration

TYPES OF COMPANIES AS PER COMPANIES ACT, 2013

INTRODUCTION

The companies can be divided into different types based on parameters such as Size of company, a number of its members, Control of ownership, Liability to shareholders, need of capital from public & On the basis of the manner in which capital can be accessed. A company is popularly referred as a group of person coming together with resources in terms of capital, manpower, and skill for the common objective of making profits.

In old companies Act 1956 a company should have at least 2 persons as its member or shareholder. However, the companies Act 2013 introduced a new concept of One Person Company in India wherein only one Indian person who is a citizen of India can register a private limited company with some limitation, the different types of companies can be classified based on different parameters.

CLASSIFICATION OF THE COMPANIES


1. Classification on the basis of Incorporation: Companies may be Incorporated under the following
categories:

(a) Statutory Companies: These are constituted by a special Act of Parliament or State Legislature.
The provisions of the Companies Act, 2013 do not apply to them. Examples of these types of
companies are Reserve Bank of India, Life Insurance Corporation of India, etc.

(b) Registered Companies: The companies which are incorporated under the Companies Act, 2013
or under any previous company law and registered with the Registrar of Companies, fall under
this category.

2. Classification on the basis of Liability: Under this category there are three types of companies: –

(a) Unlimited Companies: In this type of company, the liability of members of the company is
unlimited, Section 2(92) of the Companies Act, 2013 provides that unlimited company means a
company not having any limit on the liability of its members, Such companies may or may not have
share capital. They may be either a public company or a private company. . The members is liable
to the company and to any other person.


(b) Companies limited by guarantee: Section 2(21) of the Companies Act, 2013 provides that
a company that has the liability of its members limited to such amount as the members may
respectively undertake, by the memorandum, to contribute to the assets of the company in the
event of its being wound-up, is known as a company limited by guarantee. The members of a
guarantee company are, in effect, placed in the position of guarantors of the company’s debts up
to the agreed amount. the members is liable to the company and to any other person.


(c) Companies limited by shares: A company that has the liability of its members limited by the liability
clause in the memorandum to the amount, if any, unpaid on the shares respectively held by them
is termed as a company limited by shares. Section 2(22) of the Companies Act, 2013 provides that
“company limited by shares” means a company having the liability of its members limited by the
memorandum to the amount, if any, unpaid on the shares respectively held by them.

For example,a shareholder who has paid Rs. 75 on a share of face value Rupees 100 can be called upon to pay
the balance of Rupees.25 only’. Companies limited by shares are by far the most common and it
may be either public or private.

3. Other Forms of Companies

(a) Section 8 Companies: a person or an association of persons proposed to be registered under this Act as a limited company and proved to the satisfaction of the Central Government that the company –

i. has in its objects the promotion of commerce, art, science, sports, education, research,
social welfare, religion, charity, protection of environment or any such other object;

ii. intends to apply its profits, if any, or other income in promoting its objects; and

iii. intends to prohibit the payment of any dividend to its members such person or association of person may be allowed to be registered as a limited company without addition to its name of the word “limited” or private limited by the Central government by issuing a license and by prescribing specified condition.

The association proposed to be registered under section 8 shall not be proposed to be an unlimited
company. However the same may be company limited by guarantee or a Company limited by
shares.


(b) Government Companies: As per section 2(45) of the Companies Act, 2013 the Government
company” means any company in which not less than fifty-one per cent of the paid-up share
capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company;

(c) Foreign Companies: As per section 2(42) of the Companies Act, 2013 the “foreign company”
means any company or body corporate incorporated outside India which,-

(a) has a place of business in India whether by itself or through an agent, physically or through
electronic mode; and

(b) conducts any business activity in India in any other manner.

(d) Holding and Subsidiary Companies; As per section 2(46) of the Companies Act, 2013 46)
the “holding company”, in relation to one or more other companies, means a company of which
such companies are subsidiary companies and the expression “company” includes any body
corporate.

As per section 2(87) of the Companies Act, 2013 “subsidiary company” or “subsidiary”, in relation
to any other company (that is to say the holding company), means a company in which the holding
company –

(i) controls the composition of the Board of Directors or

(ii) exercises or controls more than one-half of the 19[total voting power] either at its own or
together with one or more of its subsidiary companies:

Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.

Explanation.- For the purposes of this clause, –

(a) a company shall be deemed to be a subsidiary company of the holding company even if the
control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the
holding company;


(b) the composition of a company’s Board of Directors shall be deemed to be controlled by
another company if that other company by exercise of some power exercisable by it at its
discretion can appoint or remove all or a majority of the directors.


(c) the expression “company” includes any body corporate.


(d) “layer” in relation to a holding company means its subsidiary or subsidiaries.

As per section 2(11) of the Companies Act, 2013, the “body corporate” or “corporation” includes a company incorporated outside India, but does not include –

(i) a co-operative society registered under any law relating to co-operative societies and

(ii) any other body corporate (not being a company as defined in this Act), which the Central
Government may, by notification, specify in this behalf.

(e) Associate Companies/ Joint Venture Company: As per section 2(6) of the Companies Act,
2013 the “associate company”, in relation to another company, means a company in which that
other company has a significant influence, but which is not a subsidiary company of the company
having such influence and includes a joint venture company.

Explanation.- For the purpose of this clause, –

(a) the expression “significant influence” means control of at least twenty per cent. of total voting
power, or control of or participation in business decisions under an agreement.

(b) the expression “joint venture” means a joint arrangement whereby the parties that have joint
control of the arrangement have rights to the net assets of the arrangement.

(f) Investment Companies: the term “investment company” includes a company whose principal
business is the acquisition of shares, debentures or other securities 13[and a company will be deemed to be principally engaged in the business of acquisition of shares, debentures or other securities, if its assets in the form of investment in shares, debentures or other securities constitute not less than fifty per cent. of its total assets, or if its income derived from investment business constitutes not less than fifty per cent. as a proportion of its gross income.

(g) Producer Companies: Producer Company means a body corporate having objects or activities
specified in section 581B of the Companies Act, 1956 and registered as Producer Company under
the Companies Act.

The objects of the Producer Company shall relate to all or any of the following matters, namely:

i. production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members or import of goods or services for their benefit: Provided that the Producer Company may carry on any of the activities specified in this clause either by itself or through other institution ;

ii. processing including preserving, drying, distilling, brewing, vinting, canning and packaging of produce of its Members ;

iii. manufacture, sale or supply of machinery, equipment or consumables mainly to its Members.

iv. providing education on the mutual assistance principles to its Members and others.

v. rendering technical services, consultancy services, training, research and development and all other activities for the promotion of the interests of its Members.

vi. generation, transmission and distribution of power, revitalisation of land and water resources, their use, conservation and communications relatable to primary produce.

vii. insurance of producers or their primary produce.

viii. promoting techniques of mutuality and mutual assistance.

ix. welfare measures or facilities for the benefit of Members as may be decided by the Board.

x. any other activity, ancillary or incidental to any of the activities referred above or other activities which may promote the principles of mutuality and mutual assistance amongst the members in any other manner.

xi. financing of procurement, processing, marketing or other activities specified above which
include extending of credit facilities or any other financial services to its Members.

(h) Nidhi Companies: A nidhi company is a type of company in the Indian non-banking finance sector, recognized under section 406 of the Companies Act, 2013 their core business is borrowing and lending money between their members.

They are also known as Permanent Fund, Benefit Funds, Mutual Benefit Funds and Mutual Benefit Company. These companies are regulated under the Nidhi Rules, 2014 issued by the Ministry of Corporate affairs.

(i) Dormant Companies covered under Section 455 of the Companies Act. 2013 and includes a company which is formed and registered under the Act for a future project or to hold an asset or intellectual property and which has not been carrying on any business or operation, or has not made any significant accounting transaction during the last two financial years, or has not filed financial statements and annual returns during the last two financial years.

(j) Non-banking Financial Companies: A Non-Banking Financial Company (NBFC) is a company
registered under the Companies Act, 1956 / 2013 engaged in the business of loans and advances,
acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority
or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit
business but does not include any institution whose principal business is that of agriculture
activity, industrial activity, purchase or sale of any goods (other than securities) or providing any
services and sale/purchase/construction of immovable property.

A non-banking institution which is a company and has principal business of receiving deposits under any scheme or arrangement in one lump sum or in installments by way of contributions or in any other manner, is also a non-
banking financial company.

(k) Listed Company: “listed company” means a company which has any of its securities listed on
any recognised stock exchange.

WEBSITES REFERRED

  1. https://www.icsi.edu/media/webmodules/CompanyLaw_BOOK.pdf
  2. https://www.setindiabiz.com/learning/types-of-company-companies-act-2013/
  3. https://pt.slideshare.net/JismyJames2/type-of-companies-58160826/13

COVID-19 AND THE INDIAN AVIATION INDUSTRY

AN INTRODUCTION

Covid-19 crisis has severely impacted almost all industries but disruptions in the airline industry is so profound and it has manifold implications that it is assumed to be greater than the combined crises of 9/11 terror attack in the US and the 2008 global financial crisis combined to put together.

The Government of India (acting through DGCA) (“GoI”) has vide its (i) order dated March 23, 2020, passed under Section 88(1) of the Aircraft Act, 1934; and (ii) orders dated March 26, 2020, and April 14, 2020, directed inter alia all aircraft operators to suspend the operations of all the domestic flights and all scheduled international commercial passenger services until May 3, 2020. 

The forward air travel bookings are far outweighed by the cancellations due to which the air travel demand is in its all-time low and drying up in ways that are unprecedented with no semblance of normalcy on the horizon.

CURRENT SCENARIO DUE TO COVID-19

For an industry which is already in stress, the Covid-19 pandemic has only accelerated the process of a bankruptcy filing by several companies (like Virgin Australia and Air Mauritius). 

Those airline companies which are still in business have also suffered huge losses and misfortunes as the novel coronavirus-forced lockdowns due to which the airlines had to keep their fleets at bay and grounded. 

As per the market sources, apart from the pay cut, several airline companies from the likes of Indigo, Go Airlines etc in India have also taken other cost-cutting measures including furloughs.

Due to the turbulence caused by the outbreak of Covid-19 virus, the airline industry must focus on the horizon as there is always a silver lining in these tough times so that it can successfully navigate a wide array of challenges (including legal, financial and operational) which are likely to surface once the pandemic is behind us. 

Future flight plan post the COVID-19 pandemic for the airlines will be influenced to a great extent by factors such as avoiding the countries that have been the virus epicentres and gauging government responses on the type and duration of travel restrictions and the conditions under which they might be relaxed.

Governments across the globe may likely consider imposing specific restrictions/limitations which is akin to the security measures put in place after terrorism events for inbound and outbound passengers.

RESTRICTIONS/ LIMITATIONS

  1. Health screenings or certificates form prescribed by the medical practitioners before the boarding is a must. In the Post-COVID era, megatrends such as the dramatic rise in remote working, government or organisation-imposed limitations/restrictions on air travel, greater reliance on locally-oriented supply chains as well as avoiding non-essential travels will impact the recovery demand in the aviation industry and may lead to a major overhaul in the management and operation of the airline industry. 
  1. To fly safely through this turbulent time, it is of utmost importance that the airline companies launch a crisis management team or as its being coined by some in the industry – “Plan Ahead Team”. This Plan Ahead Team will be responsible for collecting forward-looking intelligence and provide a Post Covid-19 flight plan to guide and accelerate decision making. 

CHALLENGES/ CONSIDERATIONS

Following are some of the challenges/considerations which airline companies in India may consider while formulating their Post Covid-19 flight plan.

  1. Third-party contractor agreements/Hedging arrangement for jet fuel prices: 

To determine the optimal size and dimensions of their networks and fleet, this will hold the key to the survival of airline companies. These companies may have to revamp their strategies vis-à-vis the air travel restrictions imposed by the governments to identify routes that are most likely to recover basis demand, regulatory and market structure scenarios. 

The determination of routes that are most likely to recover will determine which fleet/route to recommission. For the routes that could not be recommissioned or are partially commissioned post-COVID-19 and withdrawal of lockdown orders, the airline companies may have to renegotiate/re-assess the legal risk that may arise according to their contracts with third-party contractors engaged for inter alia refuelling; catering; runway/taxiway construction and repair; aircraft maintenance and overhaul; crew training; and flight dispatch.

Further, airline companies must also consider revisiting/re-negotiating their existing contracts for hedging the jet fuel prices. Most of the airline are locked into contracts for hedging the jet fuel prices. There has been a steep drop and the prices of jet fuel is at an all-time low due to the upshot of the current crisis. 

Accordingly, the airline companies will have to pay their higher hedged amount for jet fuel, creating hedging loses. In this context, the existing provisions of these contracts become relevant to determine the leverage of discussions from a legal rights perspective.

  1. Financing Arrangements: 

Given that the airline companies have suspended all their business, it would be imperative to ascertain if defaults would get triggered under the various financing agreements entered by the airline companies. 

Where an event of default is only triggered upon a ‘voluntary’ suspension of business, it may be argued that such temporary cessation of business due to the virus outbreak is a direct consequence of the government regulations and therefore it is outside the purview and scope of such provision. 

Further, it would be relevant to check if an event of default is qualified by a requirement that a suspension of business has a “material adverse effect” on the borrower’s ability to perform its contractual obligations. 

If there is a significant impact on the borrower’s ability to pay, this will likely satisfy the test of ‘material adverse effect. Additionally, it is expected that post-COVID-19 and lifting of the lockdown orders, for reasons including financial and operational difficulties, the airline companies may not be able to commence operations in all the sectors or may not be in a position to recommission their entire fleet.

Given the aforesaid, it would be relevant for the airline companies to review an event of default provision relating to ‘cessation of business’ in their financing agreements. 

Cessation of Business would typically include events where a company ‘threatens’ to suspend or cease to carry on its business and therefore, one may argue that such temporary closures post Covid-19 and/or lifting of lockdown orders, would constitute a ‘cessation’ of business. It would be prudent for airline companies to review their facility agreements when contemplating Covid-19 related measures and consider the impact of such measures may have on their financing arrangements. These tests can be carried out during the period of lockdown, such that the provisions can be re-considered by the parties. 

  1. Aircraft Lease Agreements: 

The airline companies may have to revisit/review their aircraft lease agreements. The airline companies may consider approaching the lessors for seeking concessions concerning the lease obligations including ‘rental holiday’ on account of liquidity crunch consequent to fall in ticket receipts post Covid-19. 

While the lessors may be entitled to decline requests for concessions on lease obligations, the commercial reality may well be that lessors will have to assess whether supporting an airline in some way may improve their financial health in the aftermath of the crisis or whether such benevolence will only delay the end of a business that was struggling in any case. 

It may be worthwhile to consider that the relief package/concessions which an airline company may seek from the lessors may include inter alia a standstill for an agreed period with an agreed repayment schedule to recapture the unpaid rents, forbearance on event of default at a cost.

  1. Governmental Support: Globally, the market structure for the airline industry is set to witness a major revamp. This change will be significantly influenced by government responses to the crisis and types and levels of support extended to the airline industry. 

In the absence of specific announcements/ relief measures, the airline companies in India may consider approaching the Ministry of Civil Aviation and/or the GoI for relaxation/waiver concerning various fees/licenses including airport charges, AAI and Private Airport Operators’ space rentals and infrastructure charges which are to be paid by them. 

This waiver may specifically be sought concerning air spaces/sectors, which the airline companies suspect will not be recommissioned or sectors where the travel demand likely to rebound slowly.

  1.  Resolution/Restructuring: Globally there are several airline companies which have filed for bankruptcy. Per CAPA-Centre of Aviation, most world airlines would be bankrupt by the end of May. In this context, the Ministry of Finance (“MoF”) has on March 24, 2020, indicated that if Covid-19 crisis continues beyond April 30, 2020, it may consider suspending Section 7, 9 and 10 of the Insolvency and Bankruptcy Code, 2016 for six months to stop companies from being forced into insolvency proceedings in such force majeure causes of default under the commercial agreements (e.g. financing agreements, lease agreements). 
  1. Import Duties and Trade barriers: Government of India is considering putting in place several trade restrictions/embargo on the import of goods from China.

CONCLUSION

As COVID -19 continues to spread across the globe, the challenges triggered by it are numerous and unprecedented. As COVID -19 continues to spread across the globe, the challenges triggered by it are numerous and unprecedented. The Indian tourism and hospitality industry is severely affected by the outbreak of COVID-19. 

Once the COVID-19 crisis is contained, the GoI may inter alia consider developing an appropriate messaging/advertising campaign (similar to ‘Incredible India’ tourism campaign) to provide the necessary impetus to the recovery of the aviation industry post-COVID-19.

WEBSITES REFERRED

  1. Covid-19: Flight Plan for Indian Aviation Industry by Subhojit Sadhu & Shrey Srivastava on May 6, 2020, 

Available at: https://corporate.cyrilamarchandblogs.com/2020/05/covid-19-flight-plan-for-indian-aviation-industry/

  1. The Government of India had vide its circular dated April 14, 2020, has decided that all scheduled international commercial passenger services shall remain closed until May 3, 2020. Additionally, a collated list of the Global and regional Government measures related to Covid-19

Available at:

https://www.iata.org/en/programs/safety/health/diseases/government-measures-related-to-coronavirus/

  1. Post 9/11, it is customary to have long lines at the airport and extensive security checks. The enhanced security measures are being monitored and implemented by the Transportation Security Administration (TSA). The TSA was created as a direct result of the 9/11 attacks

Available at: https://www.insider.com/world-changed-after-september-11-2018-9#2-airport-security-has-gotten-a-lot-stricter-2 and https://www.dhs.gov/preventing-terrorism-and-enhancing-security

4. https:/www.facebook.com/MoCAIndia/photos/corona-alert-if-you-feel-sick-on-a-flight-while-travelling-seek-mask-and-self-re/2988706404501675/

AN OVERVIEW OF THE CYBER LAWS IN INDIA

INTRODUCTION

 “Cyber” is a prefix used to describe a person, thing, or idea as part of the computer and information age. Taken from kybernetes, the Greek word for “steersman” or “governor,” it was first used in cybernetics, a word coined by Norbert Wiener and his colleagues. The virtual world of internet is known as cyberspace and the laws governing this area are known as Cyber Laws and all the netizens of this space come under the ambit of these laws as it carries a kind of universal jurisdiction. 

Cyberlaw can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet. The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyberlaw.

Cyberlaw is important because it touches almost all aspects of transactions and activities on and involving the internet, World Wide Web and cyberspace. Every action and reaction in cyberspace has some legal and cyber legal perspectives. 

Cyberlaw encompasses laws relating to:-

  1. Cybercrimes  
  2. Electronic and digital signatures 
  3. Intellectual property  
  4. Data protection and privacy

WHY IS CYBER LAW THE NEED OF THE HOUR IN INDIA?

Firstly, India has an extremely detailed and well-defined legal system in place. Numerous laws have been enacted and implemented and the foremost amongst them is The Constitution of India. We have inter alia, amongst others, the Indian Penal Code, the Indian Evidence Act 1872, the Banker’s Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934, the Companies Act, and so on. 

However, the arrival of Internet signalled the beginning of the rise of new and complex legal issues. It may be pertinent to mention that all the existing laws in place in India were enacted way back keeping in mind the relevant political, social, economic, and cultural scenario of that relevant time. 

Nobody then could really visualize about the Internet. Despite the brilliant acumen of our master draftsmen, the requirements of cyberspace could hardly ever be anticipated. As such, the coming of the Internet led to the emergence of numerous ticklish legal issues and problems which necessitated the enactment of Cyber laws. 

Secondly, the existing laws of India, even with the most benevolent and liberal interpretation, could not be interpreted in the light of the emerging cyberspace, to include all aspects relating to different activities in cyberspace. In fact, the practical experience and the wisdom of judgment found that it shall not be without major perils and pitfalls, if the existing laws were to be interpreted in the scenario of emerging cyberspace, without enacting new cyber laws. Hence, the need for enactment of relevant cyber laws.

Thirdly, none of the existing laws gave any legal validity or sanction to the activities in Cyberspace. For example, the Net is used by a large majority of users for email. Yet till today, email is not “legal” in our country. There is no law in the country, which gives legal validity, and sanction to email. Courts and judiciary in our country have been reluctant to grant judicial recognition to the legality of email in the absence of any specific law having been enacted by the Parliament. 

As such the need has arisen for Cyberlaw. Fourthly, the Internet requires an enabling and supportive legal infrastructure in tune with the times. This legal infrastructure can only be given by the enactment of the relevant Cyber laws as the traditional laws have failed to grant the same. 

E-commerce, the biggest future of the Internet, can only be possible if necessary legal infrastructure compliments the same to enable its vibrant growth. All these and other varied considerations created a conducive atmosphere for the need for enacting relevant cyber laws in India. 

CYBERCRIME ON THE RISE

  1. As per the cybercrime data maintained by the National Crime Records Bureau (NCRB), a total of 217, 288, 420 and 966 Cyber Crime cases were registered under the Information Technology Act, 2000 during 2007, 2008, 2009 and 2010 respectively. 
  1. Also, a total of 328, 176, 276 and 356 cases were registered under Cyber Crime related Sections of Indian Penal Code (IPC) during 2007, 2008, 2009 and 2010 respectively. 
  1. A total of 154, 178, 288 and 799 persons were arrested under the Information Technology Act 2000 during 2007-2010. A total number of 429, 195, 263 and 294 persons were arrested under Cyber Crime related Sections of Indian Penal Code (IPC) during 2007-2010. 
  1. Crime head-wise and age-wise profile of the offenders arrested under Cyber Crimes (IPC) for the year 2011 reveals that offenders involved in 9 forgery cases were more in the age-group of 18-30 (46.5%) (129 out of 277). 50.4% of the persons arrested under Criminal Breach of Trust/Cyber Fraud offences were in the age group 30-45 years (65 out of 129).  
  1. Meanwhile, 9 out of 88 mega cities did not report any case of cybercrime i.e., neither under the IT Act nor under IPC Sections during the year 2011.  And 53 megacities have reported 858 cases under the IT Act and 200 cases under various sections of IPC. 
  1. There was an increase of 147.3% (from 347 cases in 2009 to 858 cases in 2011) in cases under IT Act as compared to the previous year (2010), and an increase of 33.3% (from 150 cases in 2010 to 200 cases in 2011) of cases registered under various sections of IPC.  Bangalore (117), Vishakhapatnam (107), Pune (83), Jaipur (76), Hyderabad (67) and Delhi (City) (50) have reported a high incidence of cases (500 out of 858 cases) registered under IT Act, accounting for more than half of the cases (58.3%) reported under the IT Act. 
  1. Delhi City has reported the highest incidence (49 out of 200) of cases reported under IPC sections accounting for 24.5% followed by Mumbai (25 or 12.5%). A major programme has been initiated on development of cyber forensics specifically cyber forensic tools, setting up of infrastructure for investigation and training of the users, particularly police and judicial officers in the use of this tool to collect and analyze the digital evidence and present them in Court. 
  2. Indian Computer Emergency Response Team (CERT-In) and Centre for Development of Advanced Computing (CDAC) are involved in providing basic and advanced training of Law Enforcement Agencies, Forensic labs and judiciary on the procedures and methodology of collecting, analyzing and presenting digital evidence.  
  1. Cyber forensic training lab has been set up at Training Academy of Central Bureau of Investigation (CBI) to impart basic and advanced training in Cyber Forensics and Investigation of Cyber Crimes to Police Officers associated with CBI.
  1.  In addition, Government has set up cyber forensic training and investigation labs in Kerala, Assam, Mizoram, Nagaland, Arunachal Pradesh, Tripura, Meghalaya, Manipur and Jammu & Kashmir. 
  1. In collaboration with Data Security Council of India (DSCI), NASSCOM, Cyber Forensic Labs have been set up at Mumbai, Bengaluru, Pune and Kolkata. DSCI has organized 112 training programmes on Cyber Crime Investigation and awareness and a total of 3680 Police officials, judiciary and Public prosecutors have been trained through these programmes. 
  1. Indian Computer Emergency Response Team (CERT-In) issues alerts, advisories and guidelines regarding cybersecurity threats and measures to be taken to prevent cyber incidents and enhance the security of Information Technology systems.

IMPORTANT TERMS RELATED TO CYBER LAW AS PER INFORMATION TECHNOLOGY ACT,2000

  1. “Access” with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network. (Sec.2(1)(a) of IT Act, 2000) 
  1. “Addressee” means a person who is intended by the originator to receive the electronic record but does not include any intermediary. (Sec.2(1)(b) of IT Act, 2000.
  1. “Affixing Electronic Signature” with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of Electronic Signature. (Sec.2(1)(d) of IT Act, 2000) 
  1. “Asymmetric Crypto System” means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature. (Sec.2(1)(f) of IT Act, 2000).
  1. “Certifying Authority” means a person who has been granted a license to issue an Electronic Signature Certificate under section 24. (Sec.2(1)(g) of IT Act, 2000) 
  1. “Communication Device” means Cell Phones, Personal Digital Assistants (Sic), or combination of both or any other device used to communicate, send or transmit any text, video, audio, or image. (Sec.2(1)(ha) of IT Act, 2000)
  1.  “Computer” means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network (Sec.2(1)(i) of IT Act, 2000)
  1.  “Computer Network” means the interconnection of one or more Computers or Computer systems or Communication device through- (i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and (ii) terminals or a complex consisting of two or more interconnected computers or communication device whether or not the interconnection is continuously maintained. (Sec.2(1)(j) of IT Act, 2000).
  1. “Computer Resource” means computer, communication device, computer system, computer network, data, computer database or software. (Sec.2(1)(k) of IT Act, 2000)
  1. “Computer System” means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data, and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions. (Sec.2(1)(l) of IT Act, 2000)
  1.  “Cybercafe” means any facility from where access to the Internet is offered by any person in the ordinary course of business to the members of the public. (Sec.2(1)(na) of IT Act, 2000) 
  1. “Cyber Security” means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction. (Sec.2(1)(nb) of IT Act, 2000) (o)
  1. “Data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer. (Sec.2(1)(o) of IT Act, 2000)
  1. (p) “Digital Signature” means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3. (Sec.2(1)(p) of IT Act, 2000) 
  1. “Electronic Form” with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, microfilm, computer generated micro fiche or similar device. (Sec.2(1)(r) of IT Act, 2000) “Electronic Record” means data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer generated microfiche. (Sec.2(1)(t) of IT Act, 2000)
  1.  “Electronic signature” means authentication of any electronic record by a subscriber by means of the electronic technique specified in the second schedule and includes a digital signature. (Sec.2(1)(ta) of IT Act, 2000) 
  1. “Function”, in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer. (Sec.2(1)(u) of IT Act, 2000) 
  1. “Information” includes data, message, text, images, sound, voice, codes, computer programmes, software and databases or microfilm or computer generated microfiche. (Sec.2(1)(v) of IT Act, 2000) 
  1. “Intermediary” with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web 14 hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes. (Sec.2(1)(w) of IT Act, 2000) 
  1. “Key Pair”, in an asymmetric cryptosystem, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key. (Sec.2(1)(x) of IT Act, 2000) 
  1. “Originator” means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary. (Sec.2(1)(za) of IT Act, 2000) 
  1. “Private Key” means the key of a key pair used to create a digital signature. (Sec.2(1)(zc) of IT Act, 2000)
  1.  “Public Key” means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate. (Sec.2(1)(zd) of IT Act, 2000)
  1. “Secure System” means computer hardware, software, and procedure that -: (a) are reasonably secure from unauthorized access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended functions, and (d) adhere to generally accepted security procedures. (Sec.2(1)(ze) of IT Act, 2000)
  1.  “Subscriber” means a person in whose name the Electronic Signature Certificate is issued. (Sec.2(1)(zg) of IT Act, 2000)

ABOUT INFORMATION TECHNOLOGY ACT, 2000

Information Technology Act, 2000 is India’s mother legislation regulating the use of computers, computer systems and computer networks as also data and information in the electronic format. This legislation has touched varied aspects pertaining to electronic authentication, digital (electronic) signatures, cyber crimes and liability of network service providers. 

The Preamble to the Act states that it aims at providing legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information and aims at facilitating electronic filing of documents with the Government agencies. 

This Act was amended by Information Technology Amendment Bill, 2008 which was passed in Lok Sabha on 22nd December 2008 and in Rajya Sabha on 23rd December 2008. It received the assent of the President on 5th February 2009 and was notified with effect from 27/10/2009.

The IT Act of 2000 was developed to promote the IT industry, regulate eCommerce, facilitate e-governance and prevent cybercrime. The Act also sought to foster security practices within India that would serve the country in a global context. 

The Amendment was created to address issues that the original bill failed to cover and to accommodate further development of IT and related security concerns since the original law was passed. The IT Act, 2000 consists of 90 sections spread over 13 chapters [Sections 91, 92, 93 and 94 of the principal Act were omitted by the Information Technology (Amendment) Act 2008 and has 2 schedules.[ Schedules III and IV were omitted by the Information Technology (Amendment) Act 2008].

SALIENT FEATURES OF THE INFORMATION TECHNOLOGY ACT, 2000

  1. The term ‘digital signature’ has been replaced with ‘electronic signature’ to make the Act more technology-neutral. 
  1. A new section has been inserted to define ‘communication device’ to mean cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text video, audio or image.
  2. A new section has been added to define cyber cafe as any facility from where the access to the internet is offered by any person in the ordinary course of business to the members of the public.
  1. A new section has been added to define cyber cafe as any facility from where the access to the internet is offered by any person in the ordinary course of business to the members of the public. 
  1. A new definition has been inserted for an intermediary. 
  1. A new section 10A has been inserted to the effect that contracts concluded electronically shall not be deemed to be unenforceable solely on the ground that electronic form or means was used.
  1. The damages of Rs. One Crore prescribed under section 43 of the earlier Act of 2000 for damage to computer, computer system etc. has been deleted and the relevant parts of the section have been substituted by the words, ‘he shall be liable to pay damages by way of compensation to the person so affected’. 
  1. A new section 43A has been inserted to protect sensitive personal data or information possessed, dealt or handled by a body corporate in a computer resource which such body corporate owns, controls or operates. 
  1. If such body corporate is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, it shall be liable to pay damages by way of compensation to the person so affected. 
  1. Sections 66A to 66F has been added to Section 66 prescribing punishment for offences such as obscene electronic message transmissions, identity theft, cheating by impersonation using computer resource, violation of privacy and cyber terrorism.
  1. Section 67 of the IT Act, 2000 has been amended to reduce the term of imprisonment for publishing or transmitting obscene material in electronic form to three years from five years and increase the fine thereof from Rs.100,000 to Rs. 500,000. Sections 67A to 67C have also been inserted. 
  1. While Sections 67A and B deal with penal provisions in respect of offences of publishing or transmitting of material containing sexually explicit act and child pornography in electronic form, Section 67C deals with the obligation of an intermediary to preserve and retain such information as may be specified for such duration and in such manner and format as the central government may prescribe.
  1. In view of the increasing threat of terrorism in the country, the new amendments include an amended section 69 giving power to the state to issue directions for interception or monitoring or decryption of any information through any computer resource. Further, sections 69A and B, two new sections, grant power to the state to issue directions for blocking for public access of any information through any computer resource and to authorize to monitor and collect traffic data or information through any computer resource for cybersecurity. 
  1.  Section 79 of the Act which exempted intermediaries has been modified to the effect that an intermediary shall not be liable for any third party information data or communication link made available or hosted by him if; (a) The function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted; (b) The intermediary does not initiate the transmission or select the receiver of the transmission and select or modify the information contained in the transmission; (c) The intermediary observes due diligence while discharging his duties. 

However, section 79 will not apply to an intermediary if the intermediary has conspired or abetted or aided or induced whether by threats or promise or otherwise in the commission of the unlawful act or upon receiving actual knowledge or on being notified that any information, data or communication link residing in or connected to a computer resource controlled by it is being used to commit an unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.

A proviso has been added to Section 81 which states that the provisions of the Act shall have overriding effect. The proviso states that nothing contained in the Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957.

OVERVIEW OF THE INFORMATION TECHNOLOGY ACT, 2000 

The Information Technology Act was enacted with a view to give a fillip to the growth of electronic-based transactions, to provide legal recognition for e-commerce and e-transactions, to

facilitate e-governance, to prevent computer-based crimes and ensure security practices and procedures in the context of the widest possible use of information technology worldwide. 

APPLICABILITY OF THE ACT 

The Act will apply to the whole of India unless otherwise mentioned. It applies also to any offence or contravention thereunder committed outside India by any person. 

The Act shall not apply to the following documents or transactions –  

  1. A negotiable instrument as defined in Sec.13 of the Negotiable Instruments Act, 1881; 
  1.  A power of attorney as defined in Sec.1A of the Powers of Attorney Act, 1882;  
  1. A trust as defined in Section 3 of the Indian Trusts Act, 1882;  
  1. A Will as defined in Sec.2(h) of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called; 
  1.  Any contract for the sale or conveyance of immovable property or any interest in such property. 

SCHEME OF THE ACT 

  1. Chapter – I – Preliminary 
  2. Chapter – II – Digital Signature and Electronic Signature (Sections 3 & 3A)
  3. Chapter – III – Electronic Governance (Sections 4 to 10A) 
  4. Chapter – IV – Attribution, Acknowledgement and Dispatch of Electronic Records (Sections 11 to 13) 
  5. Chapter – V – Secure electronic records and secure electronic signatures (Sections 14 to 16) 
  6. Chapter – VI – Regulation of Certifying Authorities (Sections 17 to 34) 
  7. Chapter – VII – Electronic Signature Certificates (Sections 35 to 39) 
  8. Chapter – VIII – Duties of Subscribers (Sections 40 to 42) 
  9. Chapter – IX – Penalties, Compensation and Adjudication (Sections 43 to 47) 
  10. Chapter X – The Cyber Appellate Tribunal (Sections 48 to 64) 
  11. Chapter XI – Offences (Sections 65 to 78) 
  12. Chapter XII – Intermediaries not to be liable in certain cases (Section 79) 
  13. Chapter XIIA – Examiner of Electronic Evidence (Section 79A) 
  14. Chapter XIII – Miscellaneous (Sections 80 to 90) 
  15. First Schedule – Documents or Transactions to which the Act shall not apply 
  16. Second Schedule – Electronic signature or Electronic authentication technique or procedure

IMPORTANT PROVISIONS OF THE ACT

A) Digital signature and Electronic signature:

Digital Signatures provide a viable solution for creating legally enforceable electronic records, closing the gap in going fully paperless by completely eliminating the need to print documents for signing. Digital signatures enable the replacement of slow and expensive paper-based approval processes with fast, low-cost, and fully digital ones. 

The purpose of a digital signature is the same as that of a handwritten signature. Instead of using pen and paper, a digital signature uses digital keys (public-key cryptography). Like the pen and paper method, a digital signature attaches the identity of the signer to the document and records a binding commitment to the document. 

However, unlike a handwritten signature, it is considered impossible to forge a digital signature the way a written signature might be. In addition, the digital signature assures that any changes made to the data that has been signed cannot go undetected. 

Digital signatures are easily transportable, cannot be imitated by someone else and can be automatically time-stamped. A digital signature can be used with any kind of message, whether it is encrypted or plaintext. Thus Digital Signatures provide the following three features:-  

(i) Authentication– Digital signatures are used to authenticate the source of messages. The ownership of a digital signature key is bound to a specific user and thus a valid signature shows that the message was sent by that user.  Integrity – In many scenarios, the sender and receiver of a message need assurance that the message has not been altered during transmission. Digital Signatures provide this feature by using cryptographic message digest functions. 

(ii) Integrity– In many scenarios, the sender and receiver of a message need assurance that the message has not been altered during transmission. Digital Signatures provide this feature by using cryptographic message digest functions.

(iii) Non-Repudiation – Digital signatures ensure that the sender who has signed the information cannot at a later time deny having signed it. 

A handwritten signature scanned and digitally attached with a document does not qualify as a Digital Signature. An ink signature can be easily replicated from one document to another by copying the image manually or electronically. Digital Signatures cryptographically bind an electronic identity to an electronic document and the digital signature cannot be copied to another document. 

B) ELECTRONIC SIGNATURE

This has also been dealt with under Section 3A of the IT Act, 2000. A subscriber can authenticate any electronic record by such electronic signature or electronic authentication technique which is considered reliable and may be specified in the Second Schedule. 

Any electronic signature or electronic authentication technique will be considered reliable if- 

  1. The signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and of no other person; 
  1. The signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person; 
  1. Any alteration to the electronic signature made after affixing such signature is detectable;
  1. Any alteration to the information made after its authentication by electronic signature is detectable; and
  2. It fulfils such other conditions which may be prescribed. An electronic signature will be deemed to be a secure electronic signature if- 

(i) the signature creation data, at the time of affixing the signature, was under the exclusive control of signatory and no other person; and 

(ii) the signature creation data was stored and affixed in such exclusive manner as may be prescribed. (Sec.15) 

An Amendment to the IT Act in 2008 introduced the term electronic signatures. The implication of this Amendment is that it has helped to broaden the scope of the IT Act to include new techniques as and when technology becomes available for signing electronic records apart from Digital Signatures.

There are various other provisions of the IT Act which are important which are as follows:

  1. E-Governance
  2. Attribution, Acknowledgement and Dispatch of Electronic Records
  3. Certifying Authorities
  4. Controller of Certifying Authorities (CCA)
  5. Root Certifying Authority of India (RCAI)
  6. Certifying Authorities 

Under the IT Act the licensed Certifying Authorities (CAs) are – 

  1. Safescrypt
  2. NIC
  3. IDRBT
  4. TCS
  5. MTNL
  6. Customs and Central Excise
  7. (n)Code Solutions CA (GNFC)
  8. e-Mudhra

NOW LET’S COME TO THE POINT THAT “WHO CAN BECOME A CERTIFYING AUTHORITY”?

The following persons can apply for the grant of a licence to issue Digital Signature Certificates, namely:- 

(a) an individual, being a citizen of India and having a capital of five crores of rupees or more in his business or profession; 

(b) a company having– 

(i) paid-up capital of not less than five crores of rupees; and 

(ii) net worth of not less than fifty crores of rupees: No company in which the equity share capital held in aggregate by the Non-resident Indians, Foreign Institutional Investors, or foreign companies, exceeds forty-nine per cent of its capital, will be eligible for grant of licence.

(c) a firm having – (i) capital subscribed by all partners of not less than five crores of rupees; and (ii) net worth of not less than fifty crores of rupees. No firm, in which the capital held in aggregate by any Non-resident Indian, and foreign national, exceeds forty-nine per cent of its capital, will be eligible for grant of licence. 

(d) Central Government or a State Government or any of the Ministries or Departments, Agencies or Authorities of such Governments.

There are various other important provisions also that are to be kept in mind in relation to the certifying authority:-

  1. Submission of performance bond
  2. Submission of application:- Every application for a licensed Certifying Authority should be made to the Controller in the form given in Schedule I of the Information Technology (Certifying Authorities) Rules, 2000. Rule 10 of IT (Certifying Authorities) Rules, 2000 prescribes what all are the documents to be submitted along with the application.
  3. Issuance of licence 
  4. Security Guidelines for Certifying Authorities
  5. Commencement of Operation by Licensed Certifying Authorities
  6. Procedures to be followed by Certifying Authorities
  7. Audit of Certifying Authority
  8. Registration Authority (RA)

ELECTRONIC SIGNATURE CERTIFICATES

Provisions relating to Electronic/Digital signature certificates are covered in Chapter VII i.e. Secs.35 to 39 of the IT Act, 2000 and Rules 23 to 30 of the IT (Certifying Authorities) Rules, 2000 and IT (Certifying Authority) Regulations, 2001. A Digital Signature Certificate is an electronic document which uses a digital signature to bind together a public key with an identity — information such as the name of a person or an organization, their address, and so forth. Digital certificates are the digital equivalent (i.e. electronic format) of physical or paper certificates. Examples of physical certificates are driver’s licenses, passports or membership cards. 

Depending upon the requirement of assurance level and usage of Digital Signature Certificate, the following are the classes of Digital Signature Certificates:- 

1) Class -1 Certificate 

2) Class – 2 Certificate

3) Class – 3 Certificate

Different types of digital signature certificates that are issued:–

 1) Individual Digital Signature Certificates (Signing Certificates) 

2) Server Certificates

3) Encryption Certificates

Certificate Revocation

Digital Signature Certificates are issued with a planned lifetime, which is defined through a validity start date and an explicit expiration date. A certificate may be issued with a validity of up to two years. Once issued, a Certificate is valid until its expiration date. Under such circumstances, the issuing CA needs to revoke the certificate. In case a Digital Signature Certificate is compromised, one should immediately contact the respective CA to initiate revocation. The CA will then put the certificate in the Certificate Revocation List. 

Duties of Subscribers

“Subscriber” means a person in whose name the Electronic Signature Certificate is issued. Chapter VIII i.e. Secs.40 to 42 of the IT Act, 2000 deals with the duties of subscribers.

CASE LAWS

i) State of Tamil Nadu Vs Suhas Katti 

The Case of Suhas Katti is notable for the fact that the conviction was achieved successfully within a relatively quick time of 7 months from the filing of the FIR. Considering that similar cases have been pending in other states for a much longer time, the efficient handling of the case which happened to be the first case of the Chennai Cyber Crime Cell going to trial deserves a special mention. 

The case related to the posting of obscene, defamatory and annoying message about a divorcee woman in the yahoo message group. E-Mails were also forwarded to the victim for information by the accused through a false e-mail account opened by him in the name of the victim.

The posting of the message resulted in annoying phone calls to the lady in the belief that she was soliciting. Based on a complaint made by the victim in February 2004, the Police traced the accused to Mumbai and arrested him within the next few days. The accused was a known family friend of the victim and was reportedly interested in marrying her.  

She, however, married another person. This marriage later ended in divorce and the accused started contacting her once again. On her reluctance to marry him, the accused took up the harassment through the Internet. On 24-3-2004 Charge Sheet was filed u/s 67 of IT Act 2000, 469 and 509 IPC before The Hon’ble Addl. CMM Egmore by citing 18 witnesses and 34 documents and material objects. 

The same was taken on file in C.C.NO.4680/2004. On the prosecution side, 12 witnesses were examined and entire documents were marked as Exhibits. The Defence argued that the offending mails would have been given either by the ex-husband of the complainant or the complainant herself to implicate the accused as accused alleged to have turned down the request of the complainant to marry her. 

Further, the Defence counsel argued that some of the documentary evidence was not sustainable under Section 65B of the Indian Evidence Act. However, the court relied upon the expert witnesses and other evidence produced before it, including the witnesses of the Cyber Cafe owners and came to the conclusion that the crime was conclusively proved. Ld. 

Additional Chief Metropolitan Magistrate, Egmore, delivered the judgement on 5-11-04 as follows: ” The accused is found guilty of offences under section 469, 509 IPC and 67 of IT Act 2000 and the accused is convicted and is sentenced for the offence to undergo RI for 2 years under 469 IPC and to pay fine of Rs.500/-and for the offence u/s 509 IPC sentenced to undergo 1-year Simple imprisonment and to pay fine of Rs.500/- and for the offence, u/s 67 of IT Act 2000 to undergo RI for 2 years and to pay fine of Rs.4000/- All sentences to run concurrently.” This is considered as the first case convicted under Section 67 of the Information Technology Act 2000 in India. 

ii) Syed Asifuddin and Ors. V. The State of AP. & Anr., 2005CriLJ4314 

Tata Indicom employees were arrested for manipulation of the electronic 32-bit number (ESN) programmed into cell phones that were exclusively franchised to Reliance Infocomm. The court held that such manipulation amounted to tampering with computer source code as envisaged by section 65 of the Information Technology Act, 2000. 

Reliance Infocomm launched a scheme under which a cell phone subscriber was given a digital handset worth Rs. 10,500/- as well as a service bundle for 3 years with an initial payment of Rs. 3350/- and monthly outflow of Rs. 600/-. The subscriber was also provided with a 1-year warranty and 3-year insurance on the handset. 

The condition was that the handset was technologically locked so that it would only work with the Reliance Infocomm services. If the customer wanted to leave Reliance services, he would have to pay some charges including the true price of the handset. Since the handset was of a high quality, the market response to the scheme was phenomenal. 

Unidentified persons contacted Reliance customers with an offer to change to a lower-priced Tata Indicom scheme. As part of the deal, their phone would be technologically “unlocked” so that the exclusive Reliance handsets could be used for the Tata Indicom service. 

Reliance officials came to know about this “unlocking” by Tata employees and lodged a First Information Report (FIR) under various provisions of the Indian Penal Code, Information Technology Act and the Copyright Act. 

The police then raided some offices of Tata Indicom in Andhra Pradesh and arrested a few Tata Tele Services Limited officials for reprogramming the Reliance handsets. These arrested persons approached the High Court requesting the court to quash the FIR on the grounds that their acts did not violate the said legal provisions. 

Some of the issues raised by the defence in the case were – It is always open for the subscriber to change from one service provider to the other service provider; The subscriber who wants to change from Tata Indicom always takes his handset, to other service providers to get service-connected and to give up Tata services; The handsets brought to Tata by Reliance subscribers are capable of accommodating two separate lines and can be activated on principal assignment mobile ( NAM 1 or NAM 2). 

The mere activation of NAM 1 or NAM 2 by Tata in relation to a handset brought to it by a Reliance subscriber does not amount to any crime; A telephone handset is neither a computer nor a computer system containing a computer programmed; there is no law in force which requires the maintenance of “computer source code”. Hence section 65 of the Information Technology Act does not apply. 

Following were the observations of the Court –  

As per section 2 of the Information Technology Act, any electronic, magnetic or optical device used for storage of information received through satellite, microwave or other communication media and the devices which are programmable and capable of retrieving any information by manipulations of electronic, magnetic or optical impulses is a computer which can be used as a computer system in a computer network. 

The instructions or programmed given to a computer in a language known to the computer are not seen by the users of the computer/consumers of computer functions. This is known as source code in computer parlance.  ESN and SID come within the definition of “computer source code” under section 65 of the Information Technology Act.  

When ESN is altered, the offence under Section 65 of Information Technology Act is attracted because every service provider has to maintain its own SID code and also give a customer-specific number to each instrument used to avail the services provided.

OTHER IMPORTANT CASE LAWS

  1. P.R. Transport Agency Vs. Union of India (UOI)
  2. SMC Pneumatics (India) Private Limited v. Jogesh Kwatra
  3. Ritu Kohli case
  4. Avnish Bajaj Vs. State (N.C.T.) of Delhi

WEBSITES REFERRED

  1. file:///C:/Users/admin1/Downloads/OVERVIEW_OF_CYBER_LAWS_IN_INDIA_Index.pdf
  2. https://www.academia.edu/29367292/OVERVIEW_OF_CYBER_LAWS_IN_INDIA_Index
  3. http://deity.gov.in/
  4. http://cybercellmumbai.gov.in/
  5. http://ncrb.gov.in/
  6. http://catindia.gov.in/Default.aspx
  7. http://www.cert-in.org.in/
  8. http://cca.gov.in/rw/pages/index.en.do
  9. http://safescrypt.com/
  10. http://www.nic.in/
  11. http://www.idrbtca.org.in/
  12. http://www.tcs-ca.tcs.co.in/
  13. http://www.mtnltrustline.com/
  14. https://www.thequoteunquote.com/quickdope/573/Cyber-Laws-in-India
  15. http://www.ncodesolutions.com/
  16. http://www.e-mudhra.com/

Sports Law in India

Introduction

Sports and games form an essential part of human resource development. Sports is very important for the development and excellence in the international events. Over the years a number of Nationals Sports Federations (NSFs) have come up for development of specific games/ sports disciplines.

One must actively support the sportsperson so that they can achieve their objectives and reach greater heights and also break records at the International Level tournaments like the Olympics. It has been the endeavor of the Government of India to lay down procedures for effective coordination among various agencies involved in the promotion of sports and extend required infrastructure, training and other facilities to the sportsperson for achieving excellence in the international events.

Over the years a number of Nationals Sports Federations (NSFs) have come up for development of specific games/ sports disciplines. The Government of India has been actively supporting these Federations in achieving their objectives.

Guidelines of 2001 laid down the following principles, which now stand subsumed in the National Sports Development Code of India(NSCI) 2011:

i. A clear role of dileanation between NSFs, SAI and the Government.

ii. Grouping of sport disciplines into priority, general and others for the purposes of determining the entitlement for
government assistance.

iii. Detailed guidelines for preparation of Long Term Development Plans (4-year cycle). Provision made for annual
sanction budgets of development plans.

iv. Binding tripartite agreements between NSFs, the Department and the SAI to be drawn up.

v. An emphasis on professionalizing and upgrading the administrative and financial management of Federations.

vi. An emphasis on systems to handle players‘ grievance.

vii. The appointment of registered chartered accountants to ensure maintenance of proper and transparent accounts.

viii. Recognition of the role of sports promoters, particularly in event management.

Recent Developments

Hon‘ble High Court of Delhi, in Civil Writ Petition No.7868 of 2005, in the matter of Indian Hockey Federation, while disposing off the matter vide Order dated 02.03.2010, categorically observed that the Government guidelines governing the NSFs are valid, binding and enforceable; and the tenure clause is not in violation of the International
Olympic Charter. The Hon‘ble Court also observed that the Government of India is fully competent to make regulations on NSFs and IOA. The Hon‘ble Delhi High Court further cited entry 10 and 13 of List I (Union List) which read as under:-

Entry 10: Foreign affairs, all matters which bring the Union into relation with any foreign country.
Entry 13: Participation in international conferences, associations
and other bodies and implementing of decisions made thereat.

Based on the above, the Hon‘ble Court observed that while an NSF has autonomy in the actual conduct of sports, Government recognition is necessary to represent the country. It further observed that international sporting events are an essential part of diplomatic relations of the nations, and several considerations like security concerns of players,apartheid, and perceived human rights violations have guided nations in decisions to participate or not to participate in sporting events in different countries.

Political and diplomatic clearances are, therefore, required by the Indian teams before participation in the international tournaments and forums. The Court pointed out that no State Government has the competence or the jurisdiction to undertake such exercise, which is the sole prerogative of the Union Government.

In another Public Interest Litigation No.195/2010 in the matter of Rahul Mehra Vs. Union of India and Others, the Hon‘ble Delhi High Court took a serious view on the mismanagement of the Sports Sector in the country and expressed deep concern at the inaction on the part of the Government in implementing and enforcing its own guidelines,particularly those relating to age and tenure.

The gist of important new initiatives taken by the Government is indicated hereunder. These have been suitably incorporated in the subsequent paragraphs of Guidelines by replacing the existing provisions and/or adding the new provisions. The new provisions supersede the earlier provisions in the 2001 Guidelines:

Gist of new initiatives taken by Government in the recent past:

1. Restoring the limits on duration of tenure of office bearers of Indian Olympic Association and all recognized National Sports Federations. (Annexure-XIII)


2. Guidelines for Good governance in the context of Basic Universal Principle of Good Governance of Olympic and
Sports Movement‖. (Annexure-XIV)


3. Annual recognition of National Sports Federations.(Annexure-XV)

4. Measures to combat fraud in age of players. (AnnexureXVI)


5. Prevention of sexual harassment of women in sports, etc.(Annexure-XVII)


6. Notifying IOA and NSFs as Public Authority under Right to Information Act. (Annexure –XVIII)


7. Drawal of advance calendar of sporting events both national and international. (Annexure-XIX)


8. National Anti-Doping Rules notified vide gazette notification no 21-4/2008-ID dated 5th February, 2010
(Annexure-XX)


9. Guidelines for efficient management of Coaching Camps, Selection of Coaches, Selection of Athletes, etc.
(Annexure-XXI)


10. Representation of Indian Nationals only, in National Teams (Annexure-XXII)

Objectives of Guidelines

The objective of these Guidelines are three fold:

1. Firstly to define the areas of responsibility of the various agencies involved in the promotion and development of sports.

2. Secondly, to identify NSFs eligible for coverage under these guidelines, to set priorities, and to detail the procedures to be followed by the Federations, to avail of Government sponsorship and assistance.

3. And Lastly, To state the conditions for eligibility to receive government recognition and grant.

WEBSITES REFERRED:

  1. https://yas.nic.in/sites/default/files/File918.compressed.pdf
  2. https://www.chaseyoursport.com/Tokyo-Olympics-2020/The-journey-of-India-at-the-Summer-Olympics/1435
  3. https://sportsauthorityofindia.nic.in/

Netflix Shows to Watch Now – Hindi and English

I love hanging out with friends and family, going to the beach or just being a couch potato and binge -watching TV shows or watching a good movie.

Yvette Gonzalez-Nacer

Amidst the pandemic, I found it hard to be productive. Being thankful for my privilege, I spent times exploring TV shows.

Here’s a list of Hindi and English shows on Netflix.

English:

  • The O.C. – “Ryan Atwood gets involved with the wealthy, upper-class community of Orange County, where lies a world of shifting loyalties and intrigues.”
  • The Big Bang Theory – “The lives of four socially awkward friends, Leonard, Sheldon, Howard and Raj, take a wild turn when they meet the beautiful and free-spirited Penny.”
  • Friends – “Follow the lives of six reckless adults living in Manhattan, as they indulge in adventures which make their lives both troublesome and happening.”
  • Two And A Half Men – “Charlie Harper is a jingle writer who leads a hedonistic, carefree life. Everything changes when his good-for-nothing brother, Alan, and 10-year-old nephew, Jake, move into his Malibu beach house.”
  • Suits –  “Mike Ross, a talented young college dropout, is hired as an associate by Harvey Specter, one of New York’s best lawyers. They must handle cases while keeping Mike’s qualifications a secret.”
  • Jane The Virgin – “Jane Villanueva’s life turns upside down after she gets artificially inseminated. She is in for a greater shock when she discovers that the biological donor is her boss and former crush.”
  • Chesapeake Shores – “High-powered career woman Abby O’Brien has made it out of her hometown of Chesapeake Shores and into the big city — New York. When the divorced mother of twins takes a trip home, she is confronted with people from her past — including high school sweetheart Trace, uncompromising father Mick and esteemed grandmother Nell. It is this look into her past, combined with a realization that her career is restricting her ability to be a hands-on mother to her daughters, that leads Abby to consider making a permanent move back to Chesapeake Shores, which she does.”
  • Greenhouse Academy – “Students at elite Southern California boarding school The Greenhouse must work together to conquer challenges after uncovering an evil plot.”
  • 13 Reasons Why – “Newcomer Katherine Langford plays the role of Hannah, a young woman who takes her own life. Two weeks after her tragic death, a classmate named Clay finds a mysterious box on his porch. Inside the box are recordings made by Hannah — on whom Clay had a crush — in which she explains the 13 reasons why she chose to commit suicide. If Clay decides to listen to the recordings, he will find out if and how he made the list. This intricate and heart-wrenching tale is told through Clay and Hannah’s dual narratives.”
  • Gossip Girls – “Lorelai Gilmore, an independent young woman, shares a close bond with her wilful daughter, Rory. However, her relationship with her own mother is strained.”
  • How To Get Away With Murder – “Annalise Keating, a criminal defence lawyer and professor, teaches a group of aspiring law students. However, their lives alter when they get entangled in an aberrant murder.”
  • Full House – “Danny is a widower who is raising his three little girls after the death of his wife. But he has help from his musician brother-in-law, Jesse Katsopolis, and his best friend, comedian Joey Gladstone.”
  • Fuller House – “Candace Cameron Bure, Jodie Sweetin and Andrea Barber are among the original “Full House” cast members who have returned to star in this spinoff, “Fuller House.” D.J., now widow and a mother to three sons, finds herself back in her childhood home alongside her sister Stephanie, an aspiring musician, and her lifelong friend Kimmy Gibbler, who is also a single mother. All under one roof, the women experience moments big and small together, including budding romances, holidays, parenting and life’s surprises.”
  • Never Have I Ever – “The complicated life of a first-generation Indian-American teenager.”
  • One Day At A Time – “This comedy-drama is inspired by Norman Lear’s 1975 series of the same name. This time around, the series follows the life of Penelope, a newly single Army veteran, and her Cuban-American family, as they navigate the ups and downs of life. Now a nurse, Penelope is raising two strong-willed children. When faced with challenges, Penelope turns to her “old-school” mother, and her building manager, who has become an invaluable confidant. The series offers a contemporary take on what life looks like in both good and bad times, and how loved ones can help make it all worthwhile.”
  • Atypical – “This heartfelt comedy follows Sam, a teenager on the autism spectrum, who has decided he is ready for romance. In order to start dating — and hopefully find love — Sam will need to be more independent, which also sends his mother (Jennifer Jason Leigh) on her own life-changing path. She and the rest of Sam’s family, including a scrappy sister and a father seeking a better understanding of his son, must adjust to change and explore what it means to be “normal.” The series is created and written by Robia Rashid and Academy Award-winning producer Seth Gordon.”
  • Dead to Me – “Jen’s husband recently died in a hit-and-run, and the sardonic widow is determined to solve the crime. Optimistic free spirit Judy has recently suffered a tragic loss of her own. The ladies meet at a support group and, despite their polar-opposite personalities, become unlikely friends. As the women bond over bottles of wine and a shared affinity for “The Facts of Life,” Judy tries to shield Jen from a shocking secret that could destroy her life as she knows it. The dark comedy — which explores the weirdly funny sides of grief, loss and forgiveness — features a cast that includes TV veterans Christina Applegate and Ed Asner.”
  • Working Moms – “Warm, loyal PR executive Kate and her longtime friend, no-nonsense psychiatrist Anne, attend a judgmental mommies’ group, where they meet timid IT tech Jenny and blindly optimistic real estate agent Frankie. The four quickly form an unlikely friendship, sharing struggles of urban motherhood filled with the chaos of toddlers, tantrums, careers, and identity crises, all while trying to achieve the holy grail: a sense of self. The ensemble comedy is largely drawn from the personal experiences of star/co-creator Catherine Reitman “
  • Vampire Diaries – “On her first day at high school, Elena meets Stefan and immediately feels a connection with him. However, what she doesn’t know is that Stefan and his brother, Damon, are in fact vampires.”
  • When Calls The Heart – “Elizabeth Thatcher is a young teacher accustomed to high society, so she experiences culture shock when she gets her first classroom assignment in Coal Valley. Life in the small mining town is filled with challenges. A recent explosion has killed more than a dozen of the town’s miners, compelling the widows of those men to work in the mines to earn money. One of them – Abigail Stanton, whose husband was foreman at the site of the tragedy – welcomes Thatcher and tries to help her adjust to frontier customs. Constable Jack Thornton is not as welcoming, though, because he believes Thatcher’s wealthy father doomed his career by assigning him to Coal Valley so he could protect Elizabeth. Janette Oke’s books about the Canadian West inspired the programme.”
  • Gilmore Girls – “Lorelai Gilmore, an independent young woman, shares a close bond with her wilful daughter, Rory. However, her relationship with her own mother is strained.”
  • Grace and Frankie – “For as long as they can recall, Grace and Frankie have been rivals. Their one-upmanship comes crashing to a halt, however, when they learn that their husbands have fallen in love with each other and want to get married. As everything around the ladies is coming apart, the only thing they can really rely on is each other.”

Hindi:

  • Little Things – “A cohabitating couple in their 20s navigates the ups and downs of work, modern-day relationships and finding themselves in contemporary Mumbai.”
  • Girls Hostel – “A group of girls share numerous ups and downs as roommates in a girls hostel.”
  • College Romance – “Three best friends look for love, laughs and some lifelong memories while attending college together.”
  • She – “An undercover assignment becomes a timid Mumbai constable’s road to empowerment, as she realizes her potential.”
  • Sacred Games – “When police officer Sartaj Singh receives an anonymous tip about the location of criminal overlord Ganesh Gaitonde, he embarks on a chase around Mumbai in what becomes a dangerous cat-and-mouse game. Amidst the chaos, trappings of a corrupt underworld are revealed. After being removed from the Gaitonde case, Singh begins his own investigation as he works to save Mumbai from impending doom. Flashbacks reveal some of the crimes that Gaitonde has committed through the years.”
  • Delhi Crime – “Based on a Delhi gang rape case, this crime drama follows the Delhi Police investigation into the finding of the men who perpetrated the crime.”
  • Taj Mahal 1989 – “Students Dharam and Rashmi are in love, but as Dharam becomes more passionate about his political ambitions, Rashmi questions the change in his demeanor; Angad falls head over heels for Mamta who is the student leader for the communist party.”

Updated Guidelines here: Recommencement of Domestic air travel w.e.f. 25.05.2020 in India


The Ministry of Civil Aviation vide Order of even Number dated 21.05.2020 has issued general instructions and detailed guidelines and also Specific Operating Guidelines (SOP) for stakeholders, in connection with the recommencement of domestic air travel from 25th May, 2020.

As per Para. 1(j)(v) of Annexure-II to Order dated 21.05.2020, the passengers have to give a declaration to the effect that they have not tested COVID-19 positive in last two months.

Also it has decided that with regards to the evolving COVID-19 situation in various places where new cases that have been cured which are to be found in large numbers, a need has been felt to update this provision to avoid
hardships in the matter of air travel to the persons cured/recovered from COVID-19.

The Ministry of Civil Aviation has accordingly decided to update the above provision with a clause which is as follows
:- “I/we have not tested COVID-19 positive in the last three weeks (COVID-19 recovered persons fulfilling this condition will be allowed to travel upon showing a COVID-19 recovered/discharged certificate from any institution dealing with COVID-19 subjects).

WEBSITES REFERRED:

  1. https://www.civilaviation.gov.in/sites/default/files/MoCA_OM_dated_29_06_2020.pdf
  2. https://www.123rf.com/photo_68627236_stock-vector-airplane-and-iconic-building-over-india-country-map-with-flag-colors-over-blue-background-vector-ill.html

Effects of internet

The internet is a global network of inter -linked networks that mainly provide wireless interactive communication. The internet was developed in 1969. It was only in the 1990s that it became available to the public.

The internet has also led to a complete transformation in communication, availability of knowledge as well as social interaction. However there are some positive and negative effects of the internet on the society. 

Postive effects of internet

Effective communication 
It provides effective communication using emailing, and instant messaging service to any part of the world.

A bundle of Information
Through internet we can access the latest news From any part of the world without depending on the TV or newspaper. We can gain wide information related to any topic without depending on the books.

It save time
It improves business interaction and transaction, saving on vital time. Banking and shopping online made life less complicated and it save time and energy.

Negative Effects of internet

Anxiety, depression and sadness
Teenagers and kids Who spends most of the their time in the virtual world gradually move away from the real world and start living in a world of fantasy. And when they are unable to access the internet service they start experiencing anxiety, depression and sadness.

Lack of social interaction
Those who spend a lot of time on the internet end up developing close relationship, friendship or intimate relationship with a lot of individuals. Internet addicts often end up isolating themselves from their families and peers.

Unable to keep schedules
Those who spend a lot of time on the internet they are unable to keep track of the time they spend most of the time in doing browsing, chatting, watching movies and playing video games. As a result, they are not able to keep up with Their schedules.

Conclusion

So, we can conclude that internet has both the negative as well as positive effects on the society. We should not totally depend upon it, we should use it for the limited time. 

SPITTING IN INDIA: A PUBLIC NUISANCE

 INTRODUCTION

As you are aware that Smoking/spitting tobacco is also a major public health hazard which contributes to the spreading of communicable diseases like Tuberculosis, Swine Flu, Avian Flu and Pireumonia disease. As India combats the novel coronavirus and ensures the safety of every citizen, the government is making stringent laws to help control the spread of COVID-19 pandemic.

On that note and in view of this there are new laws that can come into force as a bane to many Pan Masala lovers. The national directive on lockdown conditions issued by the Home Ministry on Wednesday, April 15 states that the violators will be punished. It states that “Spitting in public spaces shall be punishable with a fine. There should be a strict ban on the sale of liquor, gutka, tobacco etc.” 

RELEVANT PROVISIONS APPLICABLE

Following are the sections under the Indian Penal Code, 1860:-

  1. Section 268 : Public nuisance:- a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.
  1. Section 269:- Negligent act likely to spread infection of disease danger­ous to life:—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
  1. Section 278 :- Making atmosphere noxious to health:—Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

WHAT’S IN IT?

The Union Ministry has made public spitting an offence under the Disaster Management Act. With a daily rise of novel coronavirus, the patients around the country and the State Governments are ensuring strict laws. On that note, Himachal Pradesh police have issued a law for people who spit in public will now be charged with attempt to murder.

The reason for this measure that not only Himachal Pradesh but various states around the country are banning spitting because of its scientific reasons. Medical professionals state that droplets expelled in the air by infected patients via coughing or sneezing are the common means of transmission of the virus. As such, spitting is more dangerous as it can carry the pathogen to a longer distance than even coughing or sneezing could. 

CONCLUSION

Other states in India have their own take when it comes to public spitting. In states like Uttar Pradesh, pan masala products are banned to discourage spitting. Other states including Bihar, Telangana, Haryana, and Assam, have banned smokeless tobacco products and public spitting. Furthermore, the Brihanmumbai Municipal Corporation imposed ₹1000 fine on anyone caught spitting in public. So everyone, do be careful and refrain from spitting in public.  

BOOKS REFERRED

  1.  Pillai’s, P S A Criminal Law Lexis Nexis 13th edition 2017 p. 537

WEBSITES REFERRED

  1. https://curlytales.com/you-can-now-be-charged-with-attempt-to-murder-if-you-spit-in-public-places/#:~:text=The%20national%20directive%20on%20lockdown,%2C%20gutka%2C%20tobacco%20etc.%E2%80%9D
  2. http://pbhealth.gov.in/6e.pdf
  3. https://www.ijlmh.com/wp-content/uploads/2019/04/Law-Relating-to-Public-Nuisance-in-India.pdf
  4. https://indiankanoon.org/doc/734195/#:~:text=%E2%80%94Whoever%20unlawfully%20or%20negligently%20does,with%20fine%2C%20or%20with%20both
  5. https://indiankanoon.org/doc/209076/
  6. https://indiankanoon.org/doc/1368265/#:~:text=278.,extend%20to%20five%20hundred%20rupees.
  7. https://www.dreamstime.com/no-spitting-sign-white-background-illustration-no-spitting-sign-illustration-isolated-white-warning-sign-red-circle-image137114866