India’s union Cabinet on Wednesday approved the National Education Policy 2020, engraving a way for transforming reforms in school and higher education sector in the country. Union cabinet also renamed the HRD Ministry as Education Ministry. Making the announcement, Union Ministers Prakash Javadekar and Ramesh Pokhriyal Nishank said there would be a single regulator for all higher education institutions and MPhil would be discontinued.
“I congratulate Government of India for giving the country an education policy that will nurture a child’s creative and unique abilities rather than only judging them on their exam scores”, said famous film actor Anil Kapoor in reaction to new education policy.
The National Education Policy was framed in 1986 and modified in 1992. More than three decades have passed since previous Policy. During this period significant changes have taken place in our country, society economy, and the world at large. It is in this context that the education sector needs to gear itself towards the demands of the 21st Century and the needs of the people and the country. Quality, innovation and research will be the pillars on which India will become a knowledge super power. Clearly, a new Education Policy is needed.
The Government had initiated the process of formulating a New Education Policy through the consultation process for an inclusive, participatory and holistic approach, which takes into consideration expert opinions, field experiences, empirical research, stakeholder feedback, as well as lessons learned from best practices.
The Committee for preparation of the draft National Education Policy submitted its report to the Ministry on 31.05.2019. The Draft National Education Policy 2019 (DNEP 2019) was uploaded on MHRD’s website and also at MyGov Innovate portal eliciting views/suggestions/comments of stakeholders, including public. The draft NEP is based on the foundational pillars access, affordability, equity, quality and accountability.
Post submission of Draft Report States/UTs Governments and Government of India Ministries were invited to give their views and comments on Draft National Education Policy 2019. A brief summary of the Draft National Education Policy 2019 was circulated among various stakeholders, which was also translated in 22 languages and uploaded on the Ministry’s website. Meetings with State Education Secretaries of School Education and with State Secretaries of Higher & Technical Education were held.An Education Dialogue with Hon’ble MPs of Andhra Pradesh, Telangana, Tamil Nadu, Puducherry, Kerala, Karnataka and Odisha.
A special meeting of CABE on National Education Policy was held. In the meeting, 26 Education Ministers of various States and UTs, representatives of States and Union Territories, Members of CABE, Heads of Autonomous Organisations, Vice Chancellors of Universities, attended the meeting along with senior officials of the Central and State Governments. Around 2 lakh suggestions on the Draft National Education Policy received from various stakeholders. A meeting on Draft NEP 2019 of Parliamentary Standing Committee on Human Resource Development was held on 07.11.2019.
Indian Government also said that “Efforts will be made to incentivize the merit of students belonging to SC, ST, OBC, and other SEDGs. The National Scholarship Portal will be expanded to support, foster, and track the progress of students receiving scholarships. Private HEIs (Higher Education Institutes) will be encouraged to offer larger numbers of free ships and scholarships to their students.”
A development in the Indian education system and policies were need of the time, demand of the 21st century. It took almost 34 years for India to make changes into its schooling, Higher Education processes.
Application under section 14 for conversion of public company into private company.
(1) An application under the second proviso to sub-section (1) of section 14 for the conversion of a public company into a private company, shall, within sixty days from the date of passing of special resolution, be filed with Regional Director in e-Form No. RD-l along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 and shall be accompanied by the following documents, namely:-
(a) a draft copy of Memorandum of Association and Articles of Association , with proposed alterations including the alterations pursuant to sub-section (68) of section 2 of the Act;
(b) a copy of the minutes of the general meeting at which the special resolution authorising such alteration was passed together with details of votes cast in favour and or against with names of dissenters;
(c) a copy of Board resolution or Power of Attorney dated not earlier than thirty days, as the case may be, authorising to file application for such conversion;
(d) declaration by a key managerial personnel that pursuant to the provisions of sub-section (68) of section 2 of the Act , the company limits the number of its members to two hundred and also stating that no deposit has been accepted by the company in violation of the Act and rules made thereunder;
(e) declaration by a key managerial personnel that there has been no non-compliance of sections 73 to 76A, 777 , 178,185,186 and 188 of the Act and rules made thereunder;
(f) declaration by a key managerial personnel that no resolution is pending to be filed in terms of sub- section (3) of section 779 and also stating that the company was never listed in any of the Regional
Stock Exchanges and if was so listed, all necessary procedures were complied with in full for complete delisting of the shares in accordance with the applicable rules and regulations laid down by Securities Exchange Board of India: Provided that in case of such companies where no key managerial personnel is required to be appointed, the aforesaid declarations shall be filed any of the director.
(2) Every application filed under sub-rule (1) shall set out the following particulars, namely:-
(a) the date of the Board meeting at which the proposal for alteration of Memorandum and Articles was approved;
(b) the date of the general meeting at which the proposed alteration was approved;
(c) reason for conversion into a private company, effect of such conversion on shareholders, creditors, debenture holders, deposit holders and other related parties;
(d) details of any conversion made within last five years and outcome thereof along with copy of order;
(e) details as to whether the company is registered under section 8.
(3) There shall be attached to the application, a list of creditors, debenture holders, drawn up to the latest practicable date preceding the date of filing of application by not more than thirty days, setting forth the following details, namely:-
(a) the names and address of every creditor and debenture holder of the company;
(b) the nature and respective amounts due to them in respect of debts, claims or liabilities;
(c) in respect of any contingent or unascertained debt, the value, so far as can be justly estimated of such debt: Provided that the company shall file an affidavit, signed by the Company Secretary of the company, if any, and not less than two directors of the company, one of whom shall be managing director, where there is one, to the effect that they have made a full enquiry into affairs of the company and, having done so, have formed an opinion that the list of creditors and debenture holders is correct, and that the estimated value as given in the list of the debts or claims payable on contingency or not ascertained are proper estimates of the values of such debts and claims that there are no other debts, or claims against, the company to their knowledge.
(4) A duly authenticated copy of the list of creditors and debenture holders shall be kept at the registered office of the company and any person desirous of inspecting the same may, at any time during the ordinary hours of business, inspect, and take extracts from the same on payment of ten rupees per page to the company.
(5) The company shall, at least twenty-one days before the date of filing of the application
(a) advertise in the Form No.INC.25A, in a vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper, widely circulated in the State in which the registered office of the company is situated;
(b) serve, by registered post with acknowledgement due, individual notice on each debenture holder and creditor of the company; and
(c) serve, by registered post with acknowledgement due, a notice to the Regional Director and Registrar and to the regulatory body, if the company is regulated under any law for the time being in force
(6)(a) Where no objection has been received from any person in response to the advertisement or notice referred to in sub-rule (5) and the application is complete in all respects, the same may be put up for orders without hearing and the concerned Regional Director shall pass an order approving the application within thirty days from the date of receipt of the application.
(b) Where the Regional Director on examining the application finds it necessary to call for further information or finds such application to be defective or incomplete in any respect, he shall within thirty days from the date of receipt of the application, give intimation of such information called for or defects or incompleteness, on the last intimated e-mail address of the person or the company, which has filed such application, directing the person or the company to furnish such information, to rectify defects or incompleteness and to re-submit such application within a period of fifteen days in e-Form No. RD-GNL-5:
Provided that maximum of two re-submissions shall be allowed
(c) In cases where such further information called for has not been provided or the defects or incompleteness has not been rectified to the satisfaction of the Regional Director within the period allowed under sub-rule (6), the Regional Director shall reject the application with reasons within thirty days from the date of filing application or within thirty days from the date of last re-submission made. as the case may be.
(d) Where no order for approval or re-submission or rejection has been explicitly made by the Regional Director within the stipulated period of thirty days, it shall be deemed that the application stands approved and an approval order shall be automatically issued to the applicant.
(9) (i) Where an objection has been received or Regional Director on examining the application has specific objection under the provisions of Act, the same shall be recorded in writing and the Regional Director shall hold a hearing or hearings within a period thirty days as required and direct the company to file an affidavit to record the consensus reached at the hearing, upon executing which, the Regional Director shall pass an order either approving or rejecting the application along with reasons within thirty days from the date of hearing, failing which it shall be deemed that application has been approved and approval order shall be automatically issued to the applicant.
(ii) In case where no consensus is received for conversion within sixty days of filing the application while hearing or otherwise, the Regional Director shall reject the application within stipulated period of sixty days: Provided that the conversion shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Act.
(10) On completion of such inquiry inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, conversion shall be allowed.
(11) The order conveyed by the Regional Director shall be filed by the company with the Registrar in Form No. lNC-28 within fifteen days from the date of receipt of approval along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
With the construction of Ram Mandir, Ayodhya will shine bright at the top, with tourist attraction. The tourism ministry has decided to connect ‘Ram Nagri’ with other religious places.
By the help of Railways, Ayodhya is in process to be connected with Rameshwaram directly since 2018. Now, Chitrakoot is also said to get connected with Rameshwaram and Ayodhya.
On wednesdays, a weekly train runs from Ayodhya to Rameshwaram. Member of Parliament of Ayodhya Lallu Singh has requested the ministry of railways to make a short and direct path connecting Ayodhya with Chitrakoot, Jagannath Puri and Vaishno Devi temple.
(1) Appointment process of independent directors shall be independent of the company management; while selecting independent directors the Board shall ensure that there is appropriate balance of skills, experience and knowledge in the Board so as to enable the Board to discharge its functions and duties effectively. Independent director may be selected from Databank.
(2) The appointment of independent director(s) of the company shall be approved by the company at the meeting of the shareholders.
(3) The explanatory statement attached to the notice of the meeting for approving the appointment of independent director shall include a statement that in the opinion of the Board, the independent director proposed to be appointed fulfils the conditions specified in the Act and the rules made thereunder and that the proposed director is independent of the management. It shall also indicate the justification for choosing the appointee for appointment as Independent Director.
(4) The appointment of independent directors shall be formalized through a letter of appointment, which shall set out:
(a) The term of appointment;
(b) The expectation of the Board from the appointed director; the Board-level committee(s) in which the director is expected to serve and its tasks;
(c) The fiduciary duties that come with such an appointment along with accompanying liabilities;
(d) Provision for Directors and Officers (D and O) insurance, if any;
(e) The Code of Business Ethics that the company expects its directors and employees to follow;
(f) The list of actions that a director should not do while functioning as such in the company; and
(g) The remuneration, mentioning periodic fees, reimbursement of expenses for participation in the Boards and other meetings and profit related commission, if any.
(5) The terms and conditions of appointment of independent directors shall be open for inspection at the registered office of the company by any member during normal business hours.
(6) The terms and conditions of appointment of independent directors shall also be posted on the company’s website.
(7) He shall be hold office for a term of upto 5 consecutive years of a company. [Section 149(10)]
RE-APPOINTMENT OF AN INDEPENDENT DIRECTOR
The re-appointment of independent director shall be on the basis of report of performance evaluation. (
Schedule IV – Code for Independent Directors)
Section 149(11) provides that the Independent Director shall be eligible for re-appointment on passing of special resolution. He shall not hold office for more than 2 consecutive terms, but such independent director shall be eligible for appointment after the expiration of 3 years of ceasing to become an independent director. However, he shall not, during the said period of 3 years, be appointed in or be associated with the company in any other capacity, either directly or indirectly.
Along with the Ram Mandir, a resplendent town is said to be built in the 70 acre premises as said by the Shree Ramjanmbhoomi Teerth Chhetra Trust.
The town will be decorated with a ‘Satsang Bhavan’, ‘Laser Show depicting Ramayana named HANUMAN MUKTAKASH’ and a massive mess alongwith the Ram Mandir which will be 161ft. tall and will have a support of 318 pillars with 6 domes. The 70 acre premises will also have restrooms and washroom facility for accomodating 1lac people.
For the devotees, a centralised water filter plant, multi-level parking would be set up. The whole area is said to be lighted with the help of solar panels.
Some people may think that the students of today have it easy. But in thinking this they are indeed wrong. Very wrong in fact. I would even argue that being a student is harder than it has ever been before.
Firstly, there is a huge amount of pressure that is put on us to meet the standards of the generations before us. We are told that we have to work hard to succeed and that our options are limited, when in reality it is the opposite. In this day and age there are literally countless ways to make a living for yourself and leave your own mark on the world. So why restrict yourself to just one trade when you the possibilities are endless. For example, if I told my parents I wanted to be a youtuber or an instagram influencer I would be laughed at, when in reality, they provide the highest earnings.
With the education system being hundreds of years old, you’d think it would have changed, right?
Sadly not, even to this day students are told to sit exams that test nothing more than memory to determine how much money they are allowed to get when they are older. Obviously there are a select few that obtain the grades that they wanted to more as far as possible in life but the truth is that for most that is not at all the case. How can you say it is fair that our whole life is completely dependant on how we perform as a child/young adult.
Now it is true that if you are someone that struggles in exams there are options you can take to help you. However, the truth is that if you take this help you are severely restricted to what you can achieve, this could be seen as a fair way of going about it but in reality it is far from it.
The way I see it is that if you convince someone that they can only achive the most minimum of goals then they will believe you. We need to be told that no matter what if we work hard enough we can achieve our dreams and succeed in life.
I believe that some serious changes need to be made to the system in order to make it truly ‘fair for everyone’. Start believing in us and maybe we will surprise you.
NASA’s next-generation Mars rover has blasted off from Florida’s Cape Canaveral top an Atlas 5 rocket on a $US2.4 billion ($3.36 billion) mission to search for traces of potential past life on Earth’s planetary neighbour.
The next-generation robotic rover – a car-sized six-wheeled vehicle carrying seven scientific instruments – also is scheduled to deploy a mini helicopter on Mars and try out equipment for future human missions to the fourth planet from the sun.
Scientists have long debated whether Mars once a much more hospitable place than it is today ever harboured life.
Water is considered a key ingredient for life, and the Mars of billions of years ago had lots of it on the surface before the planet became a harsh and desolate planet.
One of the most journey will be what mission engineers call the “seven minutes of terror,” when the robot endures extreme heat and speeds during its descent through the Martian atmosphere, deploying a set of supersonic parachutes before igniting mini rocket engines to gently touch down on the planet’s surface.
Since NASA’s first Mars rover Sojourner landed in 1997, the agency has sent two others – Spirit and Opportunity – that have explored the geology of expansive Martian plains and detected signs of past water formations, among other discoveries. NASA also has successfully sent three landers – Pathfinder, Phoenix, InSight.
The United States has plans to send astronauts to Mars in the 2030s under a program that envisions using a return to the moon as a testing platform for human missions before making the more ambitious crewed journey to Mars.
The rover also is intended to help bring Martian rock samples back to Earth, collecting materials in cigar-sized capsules and leaving them in various spots on the surface for retrieval by a future “fetch” rover. That planned rover is expected to launch the samples back into space to link up with other spacecraft for an eventual Earth homecoming around 2031.
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
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.
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.
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.
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.
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.
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.
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).
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
Covid-19: Flight Plan for Indian Aviation Industry by Subhojit Sadhu & Shrey Srivastava on May 6, 2020,
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
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
Uttar Pradesh gangster Vikas Dubey, the main accused in the killing of eight policemen in Kanpur, was shot dead in an alleged encounter Friday morning. According to the UP Police, the special task force was bringing him back from Ujjain to Kanpur when the vehicle he was in toppled, and Dubey attempted to flee. According to the police, Dubey also fired at the police as he was fleeing.
Apart from Dubey, five of his associates have also been killed by the police in reported encounters over the last week.
These encounters under mysterious circumstances have raised many questions on the authenticity of the Uttar Pradesh police’s claims, as Dubey was said to have a nexus with politicians and the police.
ThePrint looks back at some of India’s most controversial ‘encounter’ killings
Alleged rapists/murderers in Hyderabad, 2019
In December 2019, the Telangana police dead four men accused of gang-raping and burning to death a veterinarian doctor in Hyderabad. Calling their actions an “encounter”, the police said they had to open fire in self-defence as the four men tried to escape and began pelting stones.
The police had taken the four accused to an underpass on the Hyderabad-Bengaluru highway next to Chatanpally village to reconstruct the crime scene when the four tried to escape, the police claim.
Bhopal jail encounter, 2016
In October 2016, eight people associated with the Students’ Islamic Movement of India (SIMI) allegedly escaped from the Bhopal Central Jail and were subsequently shot dead by the state police.
The probe report tells that the deceased persons were asked to surrender, but, instead, began firing at the police and public. Therefore, the police had to open fire and even after that they showed no intention to surrender, sustained injuries and died on the spot.
In one man judicial commisson headed by S.K. Pandey, retired judge of the Madhya Pradesh High Court gave the police a clean chit.
Manipur extrajudicial killings, 2010
In February 2020, four Manipur policemen, including an surrendered before the Imphal West chief judicial magistrate in connection with the alleged fake encounter of Irengbam Ratankumar on 1 September 2010.
The case was among more than 1,500 extrajudicial killing by the Manipur Police and security forces. The Special Investigation Team (SIT) of the CBI, which was investigating the case, submitted a charge sheet against the police personnel in May 2019.
This action came after former CBI director Alok Kumar Verma was told by the Supreme Court in 2018 for the agency’s failure to arrest the accused in the many alleged extrajudicial killings in Manipur.
Batla House, 2008
The Batla House encounter held in Delhi in 2008, becoming a national sensation—Bollywood even made a film on it.
On 19 September 2008, a Delhi Police special team carried out an encounter in Batla House in Jamia Nagar, where two suspected Indian Mujahideen terrorists were killed along with inspector Mohan Chand Sharma.
The operation led by Sharma, an encounter specialist, was supposed to only gather information from residents of the area after the 2008 September blasts in Delhi. However, it escalated into a 20-minute shootout.
Many questioned the veracity of the encounter, and claimed it was staged. The National Human Rights Commission also conducted an investigation into the encounter, on a plea filed by People’s Union for Democratic Rights, and eventually gave a clean chit to the Delhi Police.
However, the post-mortem report of the victims of the shootout, which raised several flags and questions, was not included in the NHRC report. What’s more, the report was dated two days before the body was even asked to investigate the matter by the high court.
Ram Narayan Gupta, 2006
Ram Narayan Gupta alias ‘Lakhan Bhaiya’, who was apparently an aide to gangster Chhota Rajan, was shot dead in 2006 by the Mumbai Police when he was picked up from Vashi and killed in an allegedly staged encounter in Versova.
Following the encounter, a Mumbai sessions court in 2013 sentenced 21 people, including 13 policemen, to life imprisonment for killing Gupta. It also held them guilty of conspiring and kidnapping him. However, the prime accused, encounter specialist Pradeep Sharma, was acquitted.
Sohrabuddin Sheikh, 2006
According to the CBI, Sheikh was a wanted criminal who extorted money from marble traders in Gujarat and Rajasthan. However, the Gujarat Police claimed he was a Lashkar-e-Taiba operative.
In November 2006, Sheikh and his wife Kausar Bi were travelling from Hyderabad to Sangli in Maharashtra when the Gujarat Police Anti-Terror Squad intercepted them and took them to a farmhouse on the outskirts of Ahmedabad. It has been reported that three days later, then-ATS chief D.G. Vanzara took Sheikh away and killed him, claiming he was a terrorist with a plan to attack Narendra Modi.
Tulsiram Prajapati, 2006
Also in 2006, Tulsiram Prajapati, known to be an associate of Sohrabuddin Sheikh, was allegedly killed in a fake encounter. According to the CBI, Prajapati was with Sheikh and Kausar Bi when the Gujarat Police caught them. Prajapati was shown to be arrested in Rajasthan and later killed.
In 2011, the Supreme Court told the CBI to take up the case and the agency named then-Gujarat home minister Amit Shah as the prime accused in the elimination of Prajapati. According to the charge sheet, former DGP P.C. Pande and additional DGP Geetha Johri abused their positions to eliminate Prajapati, who was an eyewitness to the killings of Sheikh and his wife Kauser Bi.
Ishrat Jahan, 2004
On 15 June 2004, the Gujarat Police killed 19-year-old Ishrat Jahan and three others on the outskirts of Ahmedabad in an alleged encounter. as police all four were operatives of the Lashkar-e-Taiba who had a plan to kill then-Gujarat CM Narendra Modi.
However an investigation by the special investigation team formed by the Gujarat High Court said the encounter was staged. The case was then transferred to the Supreme Court, which handed it over to the CBI, which, in turn, filed a charge sheet against many Gujarat police officers for their involvement in the alleged encounter.
Jahan was the second of seven siblings and a second-year student at Mumbai’s Guru Nanak Khalsa College. In 2017, terrorist David Headley said a Mumbai court that Jahan was an operative of the LeT.
Fifteen years after the death of her daughter, Ishrat’s mother Shamim Kausar said she was releasing herself from the judicial process because her daughter’s killers were roaming free.
Veerappan, 2004
In October 2004, the notorious Veerappan, infamous for kidnapping, elephant poaching and sandalwood smuggling, was shot dead in an encounter by the Tamil Nadu Special Task Force. He had been on the run for a decade was tricked into getting into an ambulance as he needed to visit a hospital in Salem for his eye.
The STF fired 338 bullets at the ambulance, out of which three hit Veerappan. However, it was asked at the time whether his encounter was staged and actually a cover-up job, as according to reports, Veerappan had no bullet wounds in his body and was only shot in his eye and forehead.
Sadiq Jamal, 2003
In 2003, the Gujarat Police shot dead Sadiq Jamal, claiming to have information that he was planning an attack on Narendra Modi and other top BJP leaders. According to an investigation by the CBI, not only was Jamal shot dead by the police in a fake encounter, but also that the Intelligence Bureau played a role in it.
According to the CBI, Jamal did not match the profile of reports of a plan to kill Modi and others, and his past criminal record only included an altercation in 1996 and arrest for gambling in 2002. Many police inspectors and top IB officials were asked and later accused in the case of his ‘encounter’.
In 2017, Jamal’s father files a petition in the Gujarat High Court seeking compensation of Rs 50 lakh from the state government.
India is celebrating seventy years of Independence, but still the female of our country are not independent and not living truly free. Women are live under realm of darkness and fear. It is indeed a cloudy reality of India.
What is Marital Rape? Marital Rape is defined as unwanted sexual intercourse between by a man and his wife (one’s spouse without the spouse’s consent). The lack of consent is the essential element and it is obtained force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or a sadistic rape. It is a non-consensual act of violent perversion by a spouse against his spouses where she is physically and sexually abused. It is also known as spousal rape.
LAWS : It is an important case to be a concern, while on the one side our country is celebrating some glorious decisions in the legal arena from the Hon’ble Supreme Court of India like landmark judgments in the matter of ‘Adhaar Card Case’ , ‘Triple Talaq’ and ‘Ayodhya disputes’ creating new cornerstones for the judiciary; while on the other side to the general disappointment, the Central Government has given its view against criminalizing marital rape, saying doing so would ‘destabilize the institution of marriage’. Approximations have quoted that every 7-8 hours; a young married woman is burnt or beaten to death, or driven to suicide from emotional abuse by her husband. The UN Population Fund states that more than 2/3rds of married women in India, aged between 16 to 48 have been beaten, raped or forced to provide sex. In 2005, 6789 cases were recorded of women murdered by their husbands or their husbands’ families. However, indeed the increasing number of cases of spousal rape in our country, spousal rape is not defined in any statue/ laws. It is to be noted that while ‘Rape'” is defined under section 375 of the Indian Penal Code, there is no definition of ‘Marital Rape’ till now and there is no reorganization of marital rape under the ambit of Indian Law. It is disheartening that such a sensitive issue like marital rape is being dismissed by the highest courts of India by giving the view that “You are espousing a personal cause and not a public cause…This is an individual case.” In the running days, a survey indicates that between 12 and 16% of married women are raped by their husbands and the incidents of marital rape soars to 1/3rd to ½ among clinical samples of battered women. Sexual assault by one’s spouse accounts for approximately 28% of rapes committed. Women who became prime targets for marital rape are those who attempt to flee. Criminal charges of sexual assault may be activating by other acts. Marital rape is not an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and acts is tiring not an offence in India.
Section 375 of the Indian Penal Code defines “Rape” A man is said to commit “rape” if he is against her will and the situations falling under any of the following seven illustrations: First— He should be against her will. Second — the man should be without her consent. Third — the man with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Fourth — the man with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifth — It should be in her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixth — it can be with or without her consent, when she is under the age of adult. Seventh — when she is unable to communicate consent.
Violation of Article 14 of the Indian Constitution Article 14 of the Indian Constitution defines that India provides for equality before the law or equal protection of the laws within the territory of India. “The State cannot not deny with any person equality before the law or the equal protection of the laws within the boundary of our country.” Therefore, the Constitution gives assurance of equality to all, Indian criminal law disfavour against female victims who have been raped by their own spouse. At the time the Indian Penal Code was drafted in the 1860s, a married woman was not considered an independent legal entity. Rather, the woman was considered to be the chattel of her spouse. As an output, she did not constitute many of the rights now guaranteed to her as an independent legal entity, including the right to file a complaint against another under her own identity.
Violation of Article 21 Marital Rape is also a violation of Article 21 of the Indian Constitution. Article 21 defines that “Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. The Article forbids the deprivation of the above rights except according to a procedure established by law” The Supreme Court has interpreted this clause in various judgments to extend beyond the purely literal guarantee to life and liberty. Instead, it has held that the rights enshrined in Article 21 include the rights to health, privacy, dignity, safe living conditions, and safe environment, among others. The above conclusions clearly reflect that Section 375 of the IPC is an infringement of Articles 14 and 21 of the Constitution. It is time that Indian jurisprudence understands the inhumane nature of this provision of law and strikes it down.
Conclusion
Marital rape is not fully criminalized in our country. It certainly is an authentic type of wrongdoing against ladies and deserving of government’s consideration. Women who are raped by their husband are more inclined to various attacks and frequently endure long haul physical and enthusiastic issues. In this specific circumstance, marital rape is significantly more horrendous for a lady since she needs to remain with her aggressor ordinary. As the results of marital rape are truly high, there is obviously a dire requirement for criminalization of the offense of marital rape. Positive legitimate change for ladies by and large is going on in India, yet additionally steps are fundamental so that both lawful and social change happens, which would finish in criminalizing marital rape and changing the attitude about ladies in marriage. There are many loopholes in Protection of Women from Domestic Violence Act, as the Act does not straightforwardly talk against marital rape. On the brighter side sanctioning of a particular enactment against abusive behaviour at home has opened the entryway for an enactment criminalizing marital rape.
44 years ago, in 1975, India saw its darkest phase when then Prime Minister Indira Gandhi declared emergency across the country.
The emergency was issued by President Fakhruddin Ali Ahmed under Article 352(1) of the Constitution and lasted 21 long months beginning 25th June 1975 and going on until 21st March 1977. Here are some facts from the emergency period.
1974: A student agitation by the Bihar Chatra Sangharsh Samiti received the support of Gandhian socialist Jayaprakash Narayan, referred to as JP, against the Bihar government.
Meanwhile, in Patna, JP called for “total revolution,” asking students, peasants, and labour unions to non-violently transform Indian society. He also demanded the dissolution of the state government, but this was not accepted by Centre.
Another significant movement was the Nav Nirman movement in Gujarat, between December 1973 and March 1974. Raj Narain filed cases of election fraud and use of state machinery for election in the Allahabad High Court. He had been defeated in the 1971 parliamentary election by Indira Gandhi.
This was for the first time that a Prime Minister was cross-examined in the Court.
Allahabad High Court found Indira Gandhi guilty and declared her election null and void and unseated her from her seat in the Lok Sabha.
Indira Gandhi challenged Allahabad High Court’s decision in the Apex Court.
Justice V. R. Krishna Iyer, on 24 June 1975, upheld the High Court judgement and ordered all privileges Gandhi received as an MP be stopped, and that she be debarred from voting. ws SHARE THIS NEWS WHATSAPPFACEBOOKTWITTERLINKEDINEMAIL CANCEL Nifty11,271.0568.20Sensex38,318.07246.94Dr. Reddys Laborat4,531.30229.10Gold (MCX) (Rs/10g.)53,115.00-72.00USD/INR74.860.05Market Watch
Politics and Nation The darkest phase in Indira’s tenure as PM Updated: 31 Oct 2019, 12:10 PM IST Emergency!BCCL1/8Emergency! 44 years ago, in 1975, India saw its darkest phase when then Prime Minister Indira Gandhi declared emergency across the country.
The emergency was issued by President Fakhruddin Ali Ahmed under Article 352(1) of the Constitution and lasted 21 long months beginning 25th June 1975 and going on until 21st March 1977. Here are some facts from the emergency period. The catalystsBCCL2/8The catalysts 1974: A student agitation by the Bihar Chatra Sangharsh Samiti received the support of Gandhian socialist Jayaprakash Narayan, referred to as JP, against the Bihar government.
Meanwhile, in Patna, JP called for “total revolution,” asking students, peasants, and labour unions to non-violently transform Indian society. He also demanded the dissolution of the state government, but this was not accepted by Centre.
Another significant movement was the Nav Nirman movement in Gujarat, between December 1973 and March 1974. ET Prime
AUTO Future cars will be software on wheels Sibros, a Silicon Valley startup by an ex-Tesla engineer from India, wants … Read 2 More Stories The case that shook IndiaAgencies3/8The case that shook India Raj Narain filed cases of election fraud and use of state machinery for election in the Allahabad High Court. He had been defeated in the 1971 parliamentary election by Indira Gandhi.
This was for the first time that a Prime Minister was cross-examined in the Court.
Allahabad High Court found Indira Gandhi guilty and declared her election null and void and unseated her from her seat in the Lok Sabha.
Raj Narain (center)
Debarring IndiraAgencies4/8Debarring Indira Indira Gandhi challenged Allahabad High Court’s decision in the Apex Court.
Justice V. R. Krishna Iyer, on 24 June 1975, upheld the High Court judgement and ordered all privileges Gandhi received as an MP be stopped, and that she be debarred from voting. Internal disturbanceAgencies5/8Internal disturbance The goal of the 21-month-long Emergency in the country was to control “internal disturbance”.
Indira Gandhi justified her steps in terms of national interest, primarily based on three grounds.
India’s security and democracy, rapid economic development and upliftment of the underprivileged and intervention of powers from abroad which could destabilise and weaken India. The Gandhi Government laid out some rules for the journalists across the country and they were told about “guidelines” to follow.
All the newspapers in the country were asked to take permission before publishing any anything by the Press Advisor. The Gandhi Government laid out some rules for the journalists across the country and they were told about “guidelines” to follow.
All the newspapers in the country were asked to take permission before publishing any anything by the Press Advisor.
Human rights violations Several other human rights violations were reported from the time, including a forced mass-sterilization campaign spearheaded by Sanjay Gandhi, the Prime Minister’s son.
The Emergency is one of the most controversial periods of independent India’s history.
The months preceding the declaration of the Emergency were fraught with economic troubles — growing unemployment, rampant inflation and scarcity of food. The dismal condition of the Indian economy was accompanied by widespread riots and protests in several parts of the country. Interestingly, the hitherto simmering borders of the country were rather quiet in the years preceding the Emergency. “As if to compensate, there was now trouble in the heartland, in parts of the country which, for reasons of history, politics, tradition, and language, had long considered themselves integral parts of the Republic of India,” writes historian Ramachandra Guha in his book, ‘India after Gandhi.’ The trouble began in Gujarat, spread to Bihar and from there to several other parts of Northern India. While the streets were raging against Gandhi’s governance, another challenge came to the doorstep of the prime minister in the form of a petition filed in the Allahabad High Court.
pradhan is the post which is also called mukhiya in some parts of india like bihar and odisa . it is the post which is very respected and it is up to panchayat level . a person has to fight election like member of parliament and member of legislative assemblies in wich the people of that panchayat directly cast thier thier vote in the favour of the personwhom they want to see as thier representative . so this clear its a legally elected body who ovwelooks a panchayat . now lets talks about the pradhan pati what wrong with this name ? actually the constitution has garnted equal rights to both mwn and women and given the reservation to the womens to balance the system of equality. so the seats in the panchayat elections are reserved for the womens to do welfare and equally give the rights to the females . in this situation the male or the husband of that elected reprentative take the actual charge and the role of the actual womwn pradhan is limited or restricted to signing any documents . all the works are done by the husband of that pradhan this culture is primarily known as the PRADHAN PATI . Though the panchayati raj system originally envisioned empowering women, over the years the husbands of elected women and sarpanches have made a mockery of the rules. Gandhi has criticised the way the vision of women’s empowerment in the panchayati raj system has been given a short shrift. “Thirty years ago when Rajiv Gandhi announced it, the idea was to get women into the mainstream. 33 percent of all sarpanchs would be women. That was a brilliant idea. But women allowed themselves to be used as tools. New institutions like ‘pradhan pati’ and ‘sarpanch pati’ came up. They even became legitimised as district magistrates allowed husbands to sit in panchayat meetings. Pradhan patis would run the show while women stayed in ghunghats.”Gandhi said the problem stems from two factors. “One is overpopulation. In an overpopulated society violence does increase and it’s always aimed at the weaker. So, it is always going to be one caste against other, one class against other. Our job is to empower women rather than change the mindset of men which is not possible at this point.” What the government can do in this regard is empower the women.
“Has Panchayats in our country ever thought that there should be no poor left in our country. If one village brings out five persons out of poverty in a year, what a big change will come in the country”
Prime Minister Narendra Modi in an event called for an end to the practice of “husbands of women sarpanches” or “sarpanch pati” exercising undue influence on the work of their wives elected to power.
At an event to mark the National Panchayati Raj Day here, Mr. Modi hailed the contribution of women to the functioning of panchayats. He urged panchayat members to work with a five-year vision with concrete plans to bring about positive changes in their villages.
Mr. Modi urged panchayat members to instil pride about the village. He said issues such as education of children and vaccination for them should be paid special attention. Mr. Modi asked panchayat members to motivate government officials to spend at least one hour a week with the school-going children.
He gave away the Annual Devolution Index (States) Awards and e-Panchayat awards and congratulated the zila parishads and gram panchayats which were being felicitated on the occasion.
“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
the fraud has been always seen by changing its nature from a different type to different type in the 90 the modes ewre mostly te physical but after the introduction of electronic facility in the 20th century the humans has devloped different types of the techniques related to the fraud . due to accessebiluty of the banking fqcility in the current world keeping in hand the smart phones . it is absolutely true tht the technologies had given us so freedon and made our work easy but at the same time it has been saw that its creating a big loss to the people hwen it goes in wrong hand and where guilty mind lies .
talking about the new trends of frauds throuhgh the electronic means which includes
net banking fraud
app fraud- phne pay , paytm, olx , quikr etc
fraud on call
data hacks
The Unified Payments Interface or UPI has made transferring money very simple, thanks to the rising popularity of apps like Google Pay, PhonePe, and others. But while UPI is fostering a new way of digital payments, it has also opened up new ways to trick unsuspecting users. I found out just how common such scams on UPI are thanks to my father’s recent interactions on OLX, where he wanted to sell his bike.
The scam unfolded like this– My father, who lives in a small town in Uttar Pradesh received a call from someone who claimed to be from a nearby city, and said was keen to purchase the listed motorcycle. He also offered to pay Rs 10,000 in advance and promised to pay the rest of the amount in cash within two days when he would come to pick it up.
A week later, he refreshed the listing and within an hour, he received a call and the same thing followed. My father was now sure that it is some kind of fraud, but could not understand how giving up his UPI ID alone could result in a scam. He called me to look into the matter and when I searched for ‘UPI fraud OLX’ on Google, there was plenty to show how such scams were being executed.
However, I soon found out that it was not the only way that people were being conned. I myself received a call in the office where the caller claimed that I have pending cashback in my PhonePe account. “Do you want me to ‘pay’ the amount or do you wish to ‘decline’ it,” the caller said. Obviously, he did not have the answers to my questions like– “Since when did cashback needs to be accepted,” and “Why the cashback is on hold,” and “Why have I got cashback in the first place?”
The person even sent a payment request on PhonePe with three options as usual — “Pay”, “Later”, and “Decline”.
How the fraud happens
What follows after you tell the fraudster your UPI ID is that user gets a payment request. The scammer might have promised to transfer the money for the item you have listed on the classified site, but instead sends a request demanding money from you.
The scammer tells you that he has sent the money, please accept this ‘request’. He says that in order to receive the money you will have to tap on the ‘Pay’ button, while tapping on ‘Decline’ will result in cancellation of the said transaction.
However, the receiver in a UPI transaction does not need to do anything to get their money. People, unaware of the very fact, end up paying the scammer in the hopes of receiving the money. This small negligence on your part makes you a victim of UPI fraud.
How to save yourself from fraud
To transfer money or make a transaction using the UPI apps, users need to enter their M-PIN, which differs for every linked bank account. The M-PIN is like a digital ATM PIN. If at any point of time, you are entering your M-PIN into the UPI app, you are either checking your account balance or you are making a transaction where money will be deducted from your linked bank account.
Treat your M-PIN exactly like you treat your ATM PIN. Do not disclose or share your M-PIN with anyone. The same applies for UPI login passcode– a password that you need to enter to log in to your UPI app. To be on the safer side, put a lock on your payment apps.
Eduindex 
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