“you can’t be without passion .passion means that possessiveness to be the best”
A.R. Rahman, in full Allah Rakha Rahman, original name A.S. Dileep Kumar, (born January 6, 1966, Madras [now Chennai], India), Indian composer whose extensive body of work for film and stage earned him the nickname “the Mozart of Madras.”
Rahman’s father, R.K. Sekhar, was a prominent Tamil musician who composed scores for the Malayalam film industry, and Rahman began studying piano at age four. The boy’s interests lay in electronics and computers, and his father’s serendipitous purchase of a synthesizer allowed him to pursue his passion and to learn to love music at the same time. Sekhar died when Rahman was 9 years old, and by age 11 he was playing piano professionally to help support his family. He dropped out of school, but his professional experience led to a scholarship to study at Trinity College, Oxford, where he received a degree in Western classical music.
In 1988 his family converted to Islam following a sister’s recovery from a serious illness, and he then took the name Allah Rakha Rahman. He grew bored with playing in bands and eventually turned his talents toward creating advertising jingles. He wrote more than 300 jingles and would later say that the experience taught him discipline because jingle writing required delivery of a powerful message or mood in a short time. In 1991, while at a ceremony to receive an award for his work on a coffee advertisement, Rahman met Bollywood film director Mani Ratnam, who persuaded him to write music for motion pictures. Their first project was Roja (1992), which resulted in Rahman’s first film soundtrack hit. More than 100 movie scores followed, including the music for Lagaan (2001), the first Bollywood film nominated for an Academy Award. Rahman’s albums sold more than 100 million copies.
“be original and find your inner voice.the rest will follow” – A R RAHMAN
British composer Andrew Lloyd Webber heard some of Rahman’s soundtracks and asked the composer if he would be interested in writing a stage musical. Working with lyricist Don Black, Rahman composed the score for Bombay Dreams, a colourful satire of Bollywood films, and the show opened in London’s West End in 2002 without much fanfare. Rahman was already well known among London’s large Indian population, however, and ticket sales were strong, which prompted the launch of the Broadway version of the show in 2004. Rahman’s next stage project, a musical version of The Lord of the Rings, premiered in Toronto in 2006. Budgeted at $25 million, the production teamed Rahman with the Finnish folk ensemble Värttinä to compose a musical score that captured the otherworldliness of J.R.R. Tolkien’s creations. While the play met with harsh reviews in both Toronto and London (where it opened in 2007), it proved to be a moderate success with audiences.
Rahman continued his work for the screen, scoring films for Bollywood and, increasingly, Hollywood. He contributed a song to the soundtrack of Spike Lee’s Inside Man (2006) and cowrote the score for Elizabeth: The Golden Age (2007). However, his true breakthrough to Western audiences came with Danny Boyle’s rags-to-riches saga Slumdog Millionaire (2008). Rahman’s score, which captured the frenzied pace of life in Mumbai’s underclass, dominated the awards circuit in 2009. He collected a British Academy of Film and Television Arts (BAFTA) Award for best music as well as a Golden Globe and an Academy Award for best score. He also won the Academy Award for best song for “Jai Ho,” a Latin-infused dance track that accompanied the film’s closing Bollywood-style dance number. Rahman’s streak continued at the Grammy Awards in 2010, where he collected the prize for best soundtrack and “Jai Ho” was again honoured as best song appearing on a soundtrack.
Rahman’s later notable scores included those for the films 127 Hours (2010)—for which he received another Academy Award nomination—and the Hindi-language movies Rockstar (2011), Raanjhanaa (2013), Highway (2014), and Beyond the Clouds (2017). In addition, he scored the biopic Pelé: Birth of a Legend (2016). He later wrote the music for the British film Blinded by the Light (2019), about a British-Pakistani student who is inspired by the music of Bruce Springsteen, as well as the Tamil-language films 2.0 (2018), Sarvam thaala mayam (2019; Madras Beats), and the popular Bigil (2019; “Whistle”). In 2020 he scored the Hindi-language films Shikara and Dil bechara (“The Helpless Heart”), the latter based on the 2014 American film The Fault in Our Stars.
“ music is all about transporting people; speaking a language which languages fail to express”
Christmas is a well-known Christian holiday set in December, celebrated the world over and famed for its decorations and Santa Clause. The Christmas means “Feast day of Christ”.It is a yearly celebration marking Jesus Christ’s birth; it is observed on the 25th of December as a cultural and religious celebration among a lot of people all over the world. Christmas is celebrated in all Christian countries but there are differences in the way each nation celebrates this date.
History Behind Christmas
The history of Christmas is one that dates back to a very long time; the first Christmas was celebrated in 336 A.D. in Rome. It played a very important role during the famed Arian controversy that took place in the 300s. During the early years of the middle age, epiphany overshadowed it.
Christmas was brought back to limelight around 800 A.D. when the emperor Charlemagne received the crown on Christmas day. During the 17th century, the Puritans had Christmas banned because it was associated with drunkenness and different other misbehavior.
It was made a proper holiday around 1660 but was still quite disreputable. Around the early 1900s, the Oxford movement of the Anglican Communion church started and this led to the revival of Christmas.
Preparations for Christmas
Christmas is a cultural festivity that entails a lot of preparations. It is a public holiday and so people get a Christmas break to celebrate it.
Preparations for Christmas start early for most people so that celebrations begin on the eve of Christmas. Preparations for Christmas involves a lot of activities. People usually buy decorations, food, and gifts mostly for children in the family and friends. Some families shop for matching Christmas outfits for everyone.
The common preparations include decorations of the place with Christmas trees, lighting. Before decorations begin, the house must be deep cleaned. The Christmas tree brings the Christmas spirit in homes.
Presents are placed under the Christmas tree in wrapped gift boxes and are not to be opened until Christmas day. The church is also decorated for the special event. Thorough cleaning of the churches is also done to usher in Christmas. Songs and skits to be performed on Christmas day.
People usually spend a lot on Christmas and so saving money for these plans should be the earliest preparation among all these. Families also plan to travel to stay together during this celebration period. Traditionally turkey is the common meal across the world in this day. Cards are also written to friends and family to wish them a happy holiday and to show love.
Christmas Day Celebration
Christmas carols are played on radios and televisions to mark the day. Most families start by going to church where performances and songs are done. Then later, they join their families to exchange gifts and celebrate with food and music. Happiness during Christmas is like no other.
Homemade traditional plum cakes, cupcakes, and muffins are the special treats on Christmas. Kids are showered with lots of presents and new dresses. They also get to meet the ‘Santa Claus’, dressed in a fluffy red and white costume, who greets them with hugs and gifts.
Conclusion:
Christmas reminds us of the importance of giving and sharing with friends and family. Through Christmas, we know that Jesus birth is the beginning of great things in the world. It is generally an opportunity to think about nature and the reason for our existence. Christmas is such a festival which people from all religions and faith celebrate worldwide despite it being a Christian festival. It is the essence of this festival which unites the people so much.
What is Christmas?It is tenderness for the past, courage for the present,hope for the future.
The ongoing pandemic has largely impacted our mental health. The stringent social distancing norms and the constant fear of contagion before stepping out of the house have been undeniably hard to deal with. Once described as social beings, we are even beginning to forget how to carry a simple conversation. The continuous work-from-home cycle has left us thirsty for caffeine and hungry for recreation. While initially, people thought that working from home comes with comfort, it is now evident that most of us are turning less productive because of the grinding routines. Procrastination has made an unwelcome arrival in our lives.
Mental health, directly and indirectly, affects our lives and relationships. It is as important as our physical health. Having a perfectly healthy body is of no use if we have a low and unhappy mindset. If we stop liking things we used to love doing, we lose our purpose and motivation in life.
However, millennials have brought these issues to light by openly talking about the importance of a healthy mindset.
But how are escape rooms making any difference to our mental health? People argue that they are just another source of live entertainment! How are they even related to improving our thought processes and intelligence? Keep reading this article to find out!
What Happens in an Escape Room and How it Impacts you?
What happens when you sign up for an escape room? Your first requirement is the presence of a team consisting of at least 2 to 8 members. So, you approach your friends, family, or colleagues to find out who is up for a unique and exciting challenge!
Even the first step encourages the player to open a conversation with their loved ones. Communicating and getting in touch with people to build stronger bonds helps in forming positive interpersonal relationships. Therapeutic relationships encourage stable mental health.
Decision-making
Establishing and maintaining relationships is very important in our daily lives. It helps us know others better and realize that we are all different individuals with distinct perspectives, choices, and opinions.
When team members deliberate on their choices for escape themes, they learn how to compromise and cooperate so that everyone is satisfied with the final decision.
When we are around people who are willing to cooperate and compromise, we do the same for them. Biologically speaking, our brain releases serotonin, which modulates our mood positively and makes us pro-social.
Competition
When an escape enthusiast is locked up in the room, they are on edge with adrenaline rushing through their veins. They have a goal that has to be completed in under 60 minutes. They have a ticking clock and unforeseen obstacles in their path. It is when our competitive side reveals itself.
Not only are the players motivated enough to solve the task at hand, but they are also committed to a bigger goal of escaping.
Healthy levels of competition boost our self-esteem and enjoyment in life. It also stimulates our motivation to keep working hard.
Motivation
When commencing the hunt for the clues, we start moving around scour every nook and cranny. We might have moments when we feel like we can’t figure anything out. Our creativity dies down, making us feel uninspired. That is when you motivate yourself or seek inspiration among your teammates.
Escape rooms challenge your insights about yourself. With only 60 minutes on the clock, the only thing that will help the players escape motivation and perseverance. Virtues like perseverance and endurance are the elements for a fulfilled life.
Accepting Failure
When you enter an escape room, the resolve of your team is to win and emerge victoriously. You put your best foot forward in every phase of the game. However, there still are escape games that might catch you off guard, and the odds of losing might become more lavish. Here you are exposed to the concept of trial and error.
Winning gives you a sense of achievement, something we all love to hold on to. It makes us feel good about ourselves and improves our self-esteem.
On the other hand, players are also encouraged to understand that it is okay to lose sometimes. Failure doesn’t mean you haven’t done well enough. Sometimes you win, sometimes you learn.
Want some dopamine rush?
Playing escape rooms advances your brain to release dopamine (the happy chemical). How? When your brain is deeply-rooted in solving a creative puzzle, areas of alertness and concentration are activated. When you finally reach your Aha! -moment, the sense of accomplishment puts you in a better mood. This chemical is also great for relieving stress and making you think more creatively.
Book a mind-twisting escape room and experience the rush of dopamine!
Escape Room Puzzles Can Improve Your Mood
Confronting difficulties wherein you need to accumulate your brains and join mental aptitude with your colleagues can advance positive pressure, which is the thing that spurs you to win or develop yourself. The surge of adrenaline can trigger endorphins’ arrival, which can upgrade short memory and even fill in as a fantastic jolt of energy.
Tackling the issues can convey more euphoric outcomes, wherein the feeling of fellowship, difficulty, and considerable achievement leads to satisfaction.
Conclusion
While our mental health affects everything we do in our lives, what we do in our lives affects our mental health. Therefore, mental health is a two-way road, and one should always be prepared for a long journey.
Engaging ourselves in exciting and immersive social activities enfolds a positive chain reaction. When we are happy and positive, we tend to work and organize better. When we collect better, we stay productive and well ahead of time.
That is precisely what escape rooms provide you. We are put in an environment where socializing and coordination are one of the main requirements to win. They keep you happy and involved, hence improving your mental health.
While escape rooms keep you pleased as punch, they also help you connect and develop meaningful bonds with people. So, if you are planning on hosting a social activity with friends and family, ditch the cliché game nights and book an exciting escape room!
Again, that depends on the industry and the reading preferences of the audience in that particular industry. For industries such as fashion, the attention spans are low so word count ranges between 500 to 1000 words; however, for most B2B businesses; definitive guides and how to posts can go up to 2000 words or even more. As our entire focus is to deliver value to the webmaster in form of amazing content and get backlinks in return, we always keep industry standards and user behavior in mind.
If you are about to start college and need some help in your new journey, then you have landed in the right place. This article would tell you all about the eight best online tools that every college student should use to make their life easy. There are thousands of online educational tools available online, but we have shortlisted the most reliable and workable ones for you.
If you want to make your college life easy and free of all kinds of rejections in terms of assignments and research papers, you should read about the tools mentioned below. Know that we have shortlisted these tools by keeping in mind their cost and their user-friendliness, which are the two main factors for students!
University Visitors network
This is an app cum online tool that comes for free. Students can keep it on their mobile phones without any trouble. You must know that this online application is specifically designed so that students can keep in communication between their teachers and parents. The tool also provides complete information about the campus on which you are studying to your parents. This is an extremely helpful app/tool as far as visitors are concerned. Information about students and their achievements are also added to this tool regularly.
Prezi
This is an online platform that is perfect for college students. When in college, you have to prepare assignments and presentations regularly. Presenting a topic in the class can be fun and more professional if you use Prezi. This online presentation tool is very famous as it can help you get images and video content directly from Google. Presenting your topic with this tool is just like following a path, and one can easily engage the audience with this tool.
Evernote
The Evernote tool is another online program that can help you organize your day-to-day work related to your class and assignments. With this tool, one can make short notes in a remarkably interesting way. You can add text in this tool, but you can also help yourself in adding audio, video, and image content. If you want to collaborate with your mates to make an assignment, this is the right tool for you.
Grammarly
Grammarly is the perfect tool for college students. This is a writing tool that can help you create the best quality content. If you are preparing an essay, assignment, or even a research paper, you can help from this tool. You have to enter the content you have prepared in Grammarly, and it would scan it for all kinds of mistakes and errors. Grammarly does not only scans your work for mistakes, but it also provides substitute solutions for the errors.
Plagiarismdetector.net
This online plagiarism checker is perfect for students for checking duplication in their assignment work. The reason that this copyright checker is best for students is that it is not only reliable but is also free to use. You can use this plagiarism tool on any device and operating system as it is compatible with all of them. You need to enter your assignments in this free plagiarism checker, and it would tell you if there is any duplication found. You can not only find but also get rid of duplication with this plagiarism detector!
Trello
Trello is a management application cum tool that is also an important partner for students and teachers. This tool would help students manage their work and assignments in the specified time. This tool is best for students who are weak in managing their time and are always late submitting work. Trello can also build a proper and formal communication channel with teachers. A teacher can share work online with all the class using Trello.
Image finder by duplichecker
The image finder online tool is another free tool that should be used by students. One should know that adding images to your work or assignments can make them more presentable and attractive. The image finder tool can help you find the most relevant images for your content, and that too for free. This is a very friendly tool.
Quizlet
This online tool combines different sources, including note-taking, calendars, file uploading options, calculators, and even to-do-lists. This is a great tool for the pupil who wants to get all the important services in one place. You can also use the tool as a dictionary and as a translator to convert content to another language. It is available online for free, and you can also get its application version from the virtual stores for free. This tool can also be used to create and solve quizzes!
These online tools are very important for students of the modern age, and you must have them on your phone or in your bookmarks!
In-person events such as international conferences, seminars, lectures, debates, symposia, and the like, have long served members of the academic community and professionals from industry, by serving as platforms where the latest knowledge can be acquired. Anyone wishing to update themselves on the most recent developments and advancements in their fields of interest can do so easily by taking part in such events.
However, over the past few years, a new alternative to these in-person events have emerged in the form of virtual conferences that are conducted online. These online events as most people are aware of, are events that are conducted through the internet. Participants take part in the event by logging into websites or portals where the entire conference is being broadcast. While a lot of conference-goers are skeptical about such events, doubting their efficacy, many (including those who don’t normally take part in conferences) are finding these modern alternatives incredibly convenient and equally, if not more effective than their in-person counterparts.
Listed below are all the various benefits that virtual conferences have to offer participants.
Being Able To Enjoy The Conference Experience From Home
This is perhaps one of the biggest advantages that taking part in an online academic conference has to offer conference-goers. Whereas for an in-person event, one would have to spend money on traveling to the venue of the conference, taking pains to navigate through a city and find the exact location of the venue, partaking in online conferences only requires people to simply sign up and log in, much like they would for an email or social media account.
Aside from not having to spend money or waste time on traveling, finding accommodations and meals, participants of a virtual academic conference also needn’t worry about dressing conventions and rules. One can dress in the most comfortable attire possible for online conferences and not have to bother about formal wear.
One Can Enjoy The Conference Experience On The Go
Yes! With the rapid advancement of smartphone technology, there’s no reason why one should only take part in an online conference from their home or any other static location. Participants can simply login to the website where the conference is taking place, from their mobile phones while they’re travelling and take part in while travelling from place to place.
Participants Have More Time To Collect Their Thoughts
Unlike in-person conferences and symposia, where attendees are plagued by several distractions, including disturbances by other participants, noises (both from outside the venue and inside), lingering thoughts and worries about food, accommodation, and travel, participants of virtual academic events can devote their entire focus and attention to the virtual events that they’re attending with ease. This unwavering focus and attention that participants of virtual academic conferences are able to devote to these events helps them grasp remarkably more insights, retain more knowledge, understand concepts better, and ask more questions (to gain clarity on complex theories), than those who take part in in-person conferences.
Gaining The Most Bang For Your Buck
Those who take part in conferences that are conducted virtually, also find that they have far more fulfilling experiences for lesser money than they do taking part in in-person academic events. This is because not only are the registration fees for such events far less than for conventional, in-person events, there is also no need for participants to waste their precious money on accommodation, food, and travel. This means that they can learn, network, develop their skills, and do everything else that they would in an in-person event, for much cheaper by taking part in a virtual academic event such as a conference, seminar, debate, lecture, or symposium.
If you’re someone who has been thinking about taking part in a virtual academic event for a while now but has been putting it off, in the pursuit of better in-person events, you will find that international virtual conference from ARDA Conferences offers far more opportunities for career growth and enhancement, skill development, networking and forming profound collaborative partnerships and association than the former.
There are many people who talks about it , and few screams and fight to end it…………but since ages, it’s not being possible to make a difference, and still have not got independence from it’s foul smell, where someone dwelling in it , without sense. But, should we live in this rut forever ?…And to accept ourselves as incapable of destroying it, and to live like a looser.
I have a one brilliant rule, if it comes into play that undoubtedly changes the fate of the country. Before i reveal it, let us know why this rule works besides many measures being taken were failing since decades. The main feasible condition for corruption, is lack of surveillance and awareness among people,and how it greatly damages our standard of living. So,creating awareness among all the people might sometimes work, but most of the time it rewards us with great disappointment. because, India has biggest population, it’s hard to make all of us to bring on to one platform with one voice.
But, there was no dearth of solution, if we think and the first said idea is…………. This idea works with collection of students, professors, university bodies, govt anti corruption and adminstrative bodies , police. You may wonder that how, could you connect students, professors with police? The bitter fact is, about 90% of indian passouts graduates are unskilled according to the several esteemed surveys. The main reason for it is, not having a platform to access practical knowledge, we have severe shortage of internship opportunities and real time project works. This problem can also be indirectly solved by our main idea.
The govt should make project works mandatory and give them more importance in their course, some may refrain with this idea…but if we couldn’t able to perform on projects itself, how can we able to sustain after getting to global market; initially it might be hard, but with support of our peer and lecturers we can excel gradually. Now, we all should be assigned project works by our colleges in collaboration with national education body (now MHRD), only on all governmental assets and organisations….here comes a game changing shot. But, how is it possible?
The government must allow all the students to study governmental organisations, properties, and projects build by them.(let’s say a dam, hospital etc…). This helps to make an assessment for the quality of work being done in various govt fields and organisations.The reports submitted by students can be used by anti corruption agencies and help them to understand the situation at very ground level. As it’s not possible for anti corruption agencies to keep an eye over every inch of the whole country, they can use this student community as a strongest trustworthy network as they don’t provide false reports, if in case; the professor and the whole college who guided him will be felt guilt, and leads to their lack of reputation in society. so, this locking system can help students ro not provide false reports.
All the students must be allotted some projects on live aspects(like dams, hospitals ,industries built and being run by govt) in their respective fields, and we have to start analyzing their maintenance and prepare and submit the report of it’s quality and working efficiency. Here itself, we get an opportunity to dig up the flaws went up and to make a change by preparing efficient reports of the atrocities made and corruption that underwent.
For say, i’m a student of civil engineering, got a project to understand about kaleshwaram dam and have to submit report on it. I started by when it has built, and how much cost it took, what are the materials used in it, what are the technologies use in it, why does the walls of the dam is being getting cracks just after 5 years of its inauguration, what is the reason for recent fire accident……..when i submit the detail report to the college, I am gonna get my marks The above said will be the work of every student in every field, not only engineering also health,law, agriculture,finance and every field. Instead the anti corruption bureau working on intensive ground level, they can collect all the project reports form all colleges and will be easier for them to take action, by using the information. As, it is a real time project, the professor of individual group must take care of no flaws and genuinity of information, as it will be a major source for higher govt authorities to take action. In simple, students has to set on to study the past govt projects and organisations; and the detailed project reports and student community acts as a strong surveillance framework and it bring out the corruptions of the past as well as prevents the corruptions of the future. This idea, if it honed by the bright minds of our country, it can surely be an influential act.
“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:-
Cybercrimes
Electronic and digital signatures
Intellectual property
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
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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 LAWAS PER INFORMATION TECHNOLOGY ACT,2000
“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)
“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.
“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)
“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).
“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)
“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)
“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)
“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).
“Computer Resource” means computer, communication device, computer system, computer network, data, computer database or software. (Sec.2(1)(k) of IT Act, 2000)
“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)
“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)
“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)
“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)
(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)
“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)
“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)
“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)
“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)
“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)
“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)
“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)
“Private Key” means the key of a key pair used to create a digital signature. (Sec.2(1)(zc) of IT Act, 2000)
“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)
“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)
“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
The term ‘digital signature’ has been replaced with ‘electronic signature’ to make the Act more technology-neutral.
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.
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.
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.
A new definition has been inserted for an intermediary.
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.
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’.
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.
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.
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.
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.
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.
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.
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 –
A negotiable instrument as defined in Sec.13 of the Negotiable Instruments Act, 1881;
A power of attorney as defined in Sec.1A of the Powers of Attorney Act, 1882;
A trust as defined in Section 3 of the Indian Trusts Act, 1882;
A Will as defined in Sec.2(h) of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called;
Any contract for the sale or conveyance of immovable property or any interest in such property.
SCHEME OF THE ACT
Chapter – I – Preliminary
Chapter – II – Digital Signature and Electronic Signature (Sections 3 & 3A)
Chapter – III – Electronic Governance (Sections 4 to 10A)
Chapter – IV – Attribution, Acknowledgement and Dispatch of Electronic Records (Sections 11 to 13)
Chapter – V – Secure electronic records and secure electronic signatures (Sections 14 to 16)
Chapter – VI – Regulation of Certifying Authorities (Sections 17 to 34)
Chapter – VII – Electronic Signature Certificates (Sections 35 to 39)
Chapter – VIII – Duties of Subscribers (Sections 40 to 42)
Chapter – IX – Penalties, Compensation and Adjudication (Sections 43 to 47)
Chapter X – The Cyber Appellate Tribunal (Sections 48 to 64)
Chapter XI – Offences (Sections 65 to 78)
Chapter XII – Intermediaries not to be liable in certain cases (Section 79)
Chapter XIIA – Examiner of Electronic Evidence (Section 79A)
Chapter XIII – Miscellaneous (Sections 80 to 90)
First Schedule – Documents or Transactions to which the Act shall not apply
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-
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;
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;
Any alteration to the electronic signature made after affixing such signature is detectable;
Any alteration to the information made after its authentication by electronic signature is detectable; and
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:
E-Governance
Attribution, Acknowledgement and Dispatch of Electronic Records
Certifying Authorities
Controller of Certifying Authorities (CCA)
Root Certifying Authority of India (RCAI)
Certifying Authorities
Under the IT Act the licensed Certifying Authorities (CAs) are –
Safescrypt
NIC
IDRBT
TCS
MTNL
Customs and Central Excise
(n)Code Solutions CA (GNFC)
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:-
Submission of performance bond
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.
Issuance of licence
Security Guidelines for Certifying Authorities
Commencement of Operation by Licensed Certifying Authorities
Procedures to be followed by Certifying Authorities
Audit of Certifying Authority
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
P.R. Transport Agency Vs. Union of India (UOI)
SMC Pneumatics (India) Private Limited v. Jogesh Kwatra
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.
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).
“N” OBLE, Law is a ‘Noble’ Profession as its purpose is to conserve and preserve the moral sanctity that binds the society and it protects and upholds the law, this is depicted in Article 14 as per the Constitution of India, the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India.
“E” NERGY, we are full of ‘Energy’ and ‘zeal’ due to Lawyers providing legal aid to all as “Justice delayed is Justice denied”.
“O” BEDIENT, as Lawyers we appear in Hon’ble Court in person at certain place, time and aid the person who seeks justice when the summons, notice, order, or proclamation proceeding issued from any public servant who is legally competent to the same as stated under Section 174 of Indian Penal Code.
“N” IFTY meaning Skilful. An Advocate is effective and good in proffering legal assistance, apart from being an avid Listener and an effective communicator.
Books Referred:-
Universal Law Publications :- The Constitution of India by P.M. Bakshi, 15th edition
As the saying goes by “Honesty is the best policy”. The power of truth can be known from the fact that nobody, not even the greatest liar in the world, has the courage to say that he is telling a lie or thattruth is not good. A man who tells a lie is like a criminal who has committed murder and is pleading not guilty even though all the facts, circumstances and evidences point towards the criminal. And the thing which a criminal pleads guilty for a crime which the hardened criminal is pleading not guilty yet it is that criminal who has committed the murder, one must always be truthful and honest no matter how henious the crime is and also avoid lying and being dishonest.
And when the truth is known, that person is terribly upset and highly afraid. An ordinary criminal may be afraid of fine, imprisonment or other punishment. But if the liar i.e the criminal happens to be a well-known popular figure, that person may be afraid of losing his popularity or reputation. In this respect, truth also becomes an acid test for our inner strength or bravery.
Many people may not be afraid of losing their life with a bullet but there must be few who have the courage to face the bullet of truth. A truly brave person sticks to the truth in all the circumstances. But many succumb to pressure or fear of torture or death like a criminal might. Joan of Arc, a young girl of eighteen, who refused to bow before the church and the government and embraced death by being burnt but she stuck to what she believed to be the truth.
India had a record single-day surge of 24,879 Corona cases taking the cases to 7,67,296 on Thursday, with Maharashtra, Tamil Nadu, Karnataka, Delhi, Telangana, UP and Andhra Pradesh contributing to around 75 per cent of the new cases, according to the Union Health Ministry data.
The death toll climbed to 21,129 with 487 new deaths, the updated data at 8 am showed.
There have been 4,76,377 recovered cases, while there are 2,69,789 active cases of coronavirus infection in the country.
“Around 62.08 per cent of patients have recovered so far,” an official said.
The total number of confirmed cases included foreigners.
Of the 487 deaths reported in the last 24 hours, 198 are from Maharashtra, 64 from Tamil Nadu, 54 from Karnataka, 48 from Delhi, 23 from West Bengal, 18 from Uttar Pradesh, 16 from Gujarat, 12 from Andhra Pradesh, 11 from Telangana, 10 from Rajasthan, seven from Madhya Pradesh, six each from Jammu and Kashmir and Odisha, three each from Bihar, Uttarakhand, Punjab and Haryana and two from Assam.
India is seeing huge surge in cases with almost 20,000 to 25,000 new cases every day. The positive fact is that recovery rate is very good around 61 % and death rate is also nearly 4-5% .India is facing many tensions amid such pandemic ie border disputes with China, terrorist attacks from Pakistan as well as internal attacks from gangsters. But India would soon sort out things and pave way for world to recover from this crisis.
Mike Pompeo, the U.S. Secretary of State, has said that the country is contemplating to ban Chinese apps which include the majorly popular app, TikTok. Having said that, he also has mentioned how TikTok has caused security breaches by sharing information with the Chinese government. The app has experienced massive growth all over the world and now this statement by the Secretary of State could cause a major blow to the app.
On being asked a question which was on the lines of recommending users to download TikTok, Mike Pompeo replied saying, ‘ Only if you want your private information in the hands of the Chinese Communist Party. ‘
This is definitely not the first time the TikTok has received a backlash on how this particular app is responsible for relaying information of a particular country back to China, India too has made the same allegations recently.
The ban may be seen in coming week after India had raised questions against The Chinese apps for sharing information with other servers located outside India. This can be huge blow to TikTok company after its ban in India.Now, U.S. lawmakers are also of the same opinion that the app definitely has some serious security concerns that should not be overlooked at any cost. Chinese laws also need domestic companies ‘to support and cooperate with intelligence work controlled by the Chinese Communist Party.’ The U.S government has now made it very clear that the citizens of the country should be wary of the app.
The Chinese based app, which is owned by ByteDance, was asked to clarify the statements that stated the security concerns, to which it had completely denied the same. ‘We have no higher priority than promoting a safe and secure app experience for our users. We have never provided user data to the Chinese government, nor would we do so if asked,’ TikTok has mentioned in the email it has sent.
It has now created a safe distance from its Chinese roots hoping to calm the global uproar it has created. In the case of the U.S., it is still unclear if the sole reason behind the thought of banning this app is purely based on security concerns.
MS Dhoni’s manager Mihir Diwakar has clarified that the wicketkeeper batsman does not seem to be harbouring thoughts of retirement as of now. The former India captain, who has not played any form of cricket since India’s World Cup exit last year, turned 39 on Tuesday.
His manager and childhood friend Mihir Diwakar, while speaking to PTI, gave a peek into the trailblazer’s reclusive life at his home in Ranchi.
“Patriotism is in his blood, be it serving for the country (in defence) or (farming) the land, he’s very passionate about it. He has about 40-50 acres of farm land and he is busy growing organic crops like papaya, banana there,” Diwakar said.
The wicketkeeper-batsman was expected to be back in action at the IPL but that has been postponed indefinitely due to the COVID-19 pandemic.He was recently seen driving a tractor during the lockdown. Diwakar said they are soon going to launch their organic fertiliser under their company’s name Neo Global.
He said the fertiliser is being tested at Dhoni’s farm. Dhoni recently spoke about the harmful impact of pesticides in a video to promote organic farming. “We have a team of experts and scientists and they have developed the fertiliser and it should be launched within two-three months,” Diwakar said.”I spoke to him past midnight. It was a normal business talk. As usual, Dhoni would be at home with his family, with a quiet birthday celebration.”
Asked whether retirement has crossed Dhoni’s mind, Diwakar said: “Being friends, we don’t talk about his cricket. But looking at him, he’s not all thinking about retirement.”He is very determined to play the IPL. He has worked really hard for this. If you remember he was there in Chennai one month in advance before everything was shut down,” he pointed out.
“He is very determined to play the IPL. He has worked really hard for this. If you remember he was there in Chennai one month in advance before everything was shut down,” he pointed out.
“He has maintained his fitness regimen at his farmhouse and will start practice after the lockdown is lifted. Everything now depends on how fast the situation returns to normalcy,” he concluded.
Eduindex News 
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