To reduce bureaucratic barriers and to foster Foreign Direct Investment and Overseas investments in India, Department of Economic Affairs amends “Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (hereinafter referred to as the principal rules) in pursuance of Union Budget 2024-25.“Cross Border Investment serves as a gateway for domestic companies to tap into global capital market. Similarly, investing in Indian capital markets, enables non-resident entity/person outside India in diversification of its investment portfolio, by leveraging into cutting-edge local technology and harness the skills of India’s talented workforce.” To invest in India, one needs to understand the regulatory&nbsp;&nbsp;framework, governing Cross border investments, particularly Foreign Exchange Management Act 1999 ( FEMA)&nbsp;&nbsp;and rules made thereunder, Reserve Bank of India is a statutory&nbsp;&nbsp;body which frames&nbsp;&nbsp;and implement rules and regulations. Further, the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry, Government of India publishes the Consolidated FDI Policy Circular&nbsp;&nbsp;“FDI” is defined to mean&nbsp;investment through equity instruments&nbsp;by a person resident outside Indian in an unlisted Indian company,&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Or&nbsp;&nbsp;in&nbsp;ten per cent or more of the post issue paid-up equity capital&nbsp;on fully diluted bases of a listed company&nbsp;&nbsp;(schedule 1 of Foreign Exchange Management (Transfer of Issue of security by a Person Resident Outside India) Regulations, 2000&nbsp;To constitute an investment as FDI, it must be from :-·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Person resident outside India’&nbsp;means a person who is not a Person resident in India; or·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;‘Non-resident entity’&nbsp;means a ‘person resident outside India’ as defined under FEMA; or·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;‘Non-Resident Indian’&nbsp;(NRI) means an individual resident outside India who is a citizen of India or is a person of Indian origin.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A company being duly incorporated under the provision of the Companies Act and&nbsp;&nbsp;is considered as&nbsp;'Owned’&nbsp;by resident Indian citizens if more than 50% of the capital in it is beneficially owned by resident Indian citizens and / or Indian companies, which are ultimately owned and controlled by resident Indian citizens;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Investment in India can be made via:-&nbsp;&nbsp;§&nbsp;&nbsp;Automatic route§&nbsp;&nbsp;Government/Approval routeTherefore FDI can be made by NRI, foreign entity, QIF, VC fund, in Indian company, in Partnership firm/proprietary concern under the automatic route, wherein the non-resident investor or the Indian company does not require any approval from Government of India for the investment, provided it is within the sectoral cap and pricing guidelines is maintained.&nbsp;Whereas the investment in those beyond the sectoral cap and that is reserve sector requires Government approval, the proposal for such foreign investment under Approval route are considered by FIPB. The Department of Economic Affairs, Ministry of Finance,&nbsp;&nbsp;vide the amendment&nbsp;&nbsp;of “Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 aims to streamline the and simply cross-border share swaps and to provide for issue/ transfer of&nbsp;&nbsp;equity shares of Indian company in exchange for foreign company equity. The objective being to boost global expansion of Indian companies through mergers, acquisitions, and other strategic initiatives, the Notification has made the following changes in Rule 23 of the Non-debt Instruments Rules, 2019 which deals with “downstream investment”&nbsp;by Overseas Citizen of India (OCI)-owned entities on a non-repatriation basis, aligning it with the treatment of Non-Resident Indian (NRI)-owned entities: (a) Deleted sub-clause (d) of Rule 23(7), which stated as follows:“control” shall mean the&nbsp;right to appoint majority of the directors&nbsp;or to&nbsp;control the management&nbsp;or policy decisions including by virtue of their&nbsp;shareholding&nbsp;or&nbsp;management rights&nbsp;or shareholders agreement or&nbsp;voting agreement&nbsp;and for the purpose of LLP, “control” shall mean the right to appoint majority of the designated partners, where such designated partners, with specific exclusion to others, have control over all the policies of an LLP;(b) Modified the “Explanation” given in in Rule 23(7)(i), to read as follows:“Explanation. –– An investment made by an Indian entity which is owned and controlled by a Non-Resident Indian or an Overseas Citizen of India including a company, a trust and a partnership firm incorporated outside India and owned and controlled by a Non-Resident Indian or an Overseas Citizen of India, on a non-repatriation basis in compliance with Schedule IV of these rules, shall not be considered for calculation of indirect foreign investment.”Pursuant this notification, the controlling shareholder/partner of the investment firm/sponsor is an OCI or AIF , such investment shall treated as domestic&nbsp;&nbsp;fund.Equity swap/ Transfer of equity shares:&nbsp; An&nbsp;&nbsp;Indian company may issue, subject to compliance with the rules by the Central Government and the regulations specified by the Reserve Bank&nbsp;&nbsp;from time to time, equity instruments to a person resident outside India against&nbsp; ·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Swap of equity instruments;·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Import of capital goods or machinery equipment (excluding second hand machinery);&nbsp;or&nbsp;·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Pre-operative or pre-incorporation expensed (including rent etc);<ul><li>swap of equity capital of a foreign company in compliance with the rules prescribed by the Central Government including Foreign Exchange Management, (Overseas Investment) Rules 2022, and the regulations specified by the Reserve Bank from time to time.&nbsp;</li></ul>Therefore, the equity shares can be issued by the&nbsp;&nbsp;&nbsp;resident manufacturer in India (importer)&nbsp;&nbsp;to the person resident outside in India(exporter) in exchange of Import of capital goods or new machinery equipment.&nbsp;&nbsp;These commendable provisions will facilitate domestic manufacturer in maintaining a stable cash flow.Provided further,&nbsp;&nbsp;the aggregate foreign portfolio investment up to the sectoral or statutory cap shall not require Government approval or compliance of sectoral conditions, if such investment or transfer&nbsp;does not result in transfer&nbsp;of&nbsp;ownership/and or control&nbsp;of the resident Indian company from resident Indian citizens to the person resident outside India and the investment by a person resident outside India shall be subject to the conditions of Government approval and compliance with sectoral cap White Label ATM:&nbsp;ATMs set up, owned and operated by non-banks are called WLAs. Non-bank ATM operators are authorised under the Payment &amp; Settlement Systems Act, 2007 by the Reserve Bank of India (RBI)Prior to the Amendment, there was no provision in the Rules with respect to companies engaged in White Label ATM (‘WLA’) operations, which is now expressly permitted pursuant to the Amendment, subject to the following conditionalities:a. any non-banking entity intending to set up White Label ATM (‘WLA’)&nbsp;&nbsp;should have a minimum&nbsp;net worth of&nbsp;&nbsp;100 crores (approx. USD 11.5 million) as&nbsp;per the latest financial years audited balance sheet, to be maintained all times.b. if such entity intending to set up WLAs is also engaged in ‘Other Financial Services’ (as referred to in the FEMA NDI Rules), then the foreign investment in such entity is also required to comply with the minimum capitalization norms applicable for foreign investments in such ‘Other Financial Services’; andc. foreign direct investment in a company engaged in WLA operations will be subject to the specific criteria and guidelines issued by the RBI under the Payment and Settlement Systems Act, 2007; Author:Adv Tanya Jha,LLB,CS,BCom DISCLAIMERThese are the views and opinions of the author(s) and do not necessarily reflect the views of the Author. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

Department of Economic Affairs amends “Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 

In our increasingly digital world, cyber crimes have emerged as a significant threat, impacting individuals, businesses, and governments alike. These crimes take many forms, each with distinct characteristics and consequences. Understanding the various types of cyber crimes and their effects is crucial for fostering awareness and developing effective preventive measures.&nbsp;&nbsp;1.&nbsp;&nbsp;&nbsp;&nbsp;Identity Theft :-Identity theft occurs when an individual’s personal information—such as Social Security numbers, credit card details, or bank account information—is stolen and used without permission.&nbsp;The consequences can be devastating. Victims may face financial loss, damaged credit scores, and lengthy recovery processes. The emotional toll can also be substantial, leading to stress, anxiety, and a sense of violation.2.&nbsp;&nbsp;&nbsp;&nbsp;Phishing is a technique used by cyber criminals to deceive individuals into revealing sensitive information, such as passwords or financial data, by masquerading as a trustworthy entity through emails or fake websites.&nbsp;&nbsp;Phishing can lead to unauthorized access to personal and financial accounts, resulting in financial loss and identity theft. Furthermore, the broader impact includes loss of trust in online communications, which can affect businesses and consumers alike.&nbsp;3.&nbsp;&nbsp;&nbsp;&nbsp;Ransomware Attacks:- Ransomware is a type of malware that encrypts a victim's files, rendering them inaccessible until a ransom is paid to the attacker.&nbsp;&nbsp;These attacks can cripple organizations, leading to operational disruptions, significant financial losses, and potential data breaches. The recovery process can be costly and time-consuming, often requiring extensive IT resources and expertise. Additionally, paying the ransom does not guarantee that data will be restored, leaving victims in a precarious position. 4. Cyberbullying involves the use of digital platforms to harass, threaten, or embarrass individuals, often targeting young people through social media, text messages, or online gaming The emotional impact on victims can be profound, leading to anxiety, depression, and, in severe cases, suicidal thoughts. Cyberbullying also contributes to a toxic online environment, affecting community well-being and prompting calls for more stringent regulations and educational initiatives.4.&nbsp;&nbsp;&nbsp;&nbsp;Online Scams and Fraud: This category encompasses a variety of deceptive practices aimed at defrauding individuals or organizations, such as advance-fee scams, lottery scams, and investment fraud.&nbsp;&nbsp;Victims often suffer financial losses and a sense of betrayal, leading to distrust in online transactions. The economic impact can extend beyond individuals, affecting businesses that may face reputational damage and loss of customer trust.&nbsp;5.&nbsp;&nbsp;&nbsp;&nbsp;Denial of Service (DoS) Attacks: DoS attacks overwhelm a server or network with traffic, rendering it unavailable to users. This can also extend to Distributed Denial of Service (DDoS) attacks, where multiple compromised systems are used to launch the attack.&nbsp;&nbsp;The immediate impact includes service outages and loss of revenue for businesses.&nbsp;In some cases, critical infrastructure can be affected, leading to broader implications for public safety and national security.&nbsp;The effects of these crimes extend beyond immediate financial losses, encompassing emotional distress, erosion of trust, and disruption of essential services. As technology continues to evolve, so too must our strategies for prevention and response. Awareness, education, and robust cybersecurity measures are essential to mitigate the risks posed by cyber crimes and protect the integrity of our digital lives. Laws in India:- <h3>The Indian Penal Code</h3><ul><li>Section 292: This Section deals with the sale of obscene materials either in the form of a book, paper, drawing, writing, pamphlet, painting, etc., or sexually explicit acts harming the surroundings. An individual or a group involved in such an offence is punished with imprisonment and a fine. On a first conviction, the punishment is imprisonment for two years and Rs. 2000 fine whereas on a second or subsequent conviction, the punishment is imprisonment for a term that may extend to five years and Rs. 5,000 fine.&nbsp;</li><li>Section 354C: It deals with the offence of voyeurism, where an individual watches or captures, or publicizes the image of a woman engaged in a private Act without her consent. Under the provisions of this Section of IPC, such an offender or criminal is punished with imprisonment of 1 to 3 years and 3 to 7 years for first-time and second-time offenders respectively.&nbsp;</li><li>Section 354D: This section deals with stalking both physical and cyberstalking. As per this Section, “Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or monitors the use by a woman of the interest, email or any other form of electronic communication, commits the offence of stalking.” An offender will be punished with imprisonment that may extend to three years for the first offender and five years for the second offender.</li><li>Section 379: If a person commits theft either electronically or physically, he or she will be punished under the provisions of this Section. It states that “whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.”</li><li>Section 411: If a person receives any stolen property such as a computer, mobile phone, or data then he or she will be punished for three years or fine or both.</li><li>Section 419: This Section deals with fraud such as email phishing or committing the crime of password theft for impersonating and collecting data for personal benefit. According to this Section, “Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”</li><li>Section 420:&nbsp;It also deals with fraud cases especially ‘cheating and dishonestly inducing delivery of property’. Whoever dishonestly induces one’s property, “the person deceived to deliver any property to any person r to make or alter or destroy the whole or any part of a valuable security… and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”&nbsp;</li><li>Section 465: The punishment for forgery, email spoofing, preparation of false documents, etc., are dealt with in Section 465 of the IPC. It states that anyone who commits forgery should be punished with imprisonment extending to two years, a fine, or both.</li><li>Section 468: This Section deals with the forgery of documents or electronic records for committing other serious crimes such as cheating. As per the provisions of this Section, whoever commits such a crime shall be punished with imprisonment which may extend to seven years with a fine. It is a non-bailable offence.</li><li>Section 469: According to this Section, forgery for the purpose of harming reputation is a punishable offence. Section 469 states that “Whoever commits forgery, 1[intending that the document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”</li><li>Section 500: It states that “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” This means that any individual who sends abusive messages or defamatory content via email or any other electronic form is dealt with as per the provisions of Section 500 of the IPC.</li><li>Section 504: If anyone insults, tries to provoke, or threatens another person with the motive of affecting their peace via any electronic form of communication will be attracted by Section 504 of the IPC. As per its provisions, an individual involved in such an offence is punished with imprisonment which may extend to two years or a fine or both.&nbsp;</li><li>Section 506: This Section deals with the ‘punishment for criminal intimidation’. If an individual tries to intimidate another individual shall be punished with imprisonment which may extend to two years or a fine or both. This criminal intimidation can either be physical or through electronic means.&nbsp;</li><li>Section 509: It states that “Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.”</li></ul> <h3>Information Technology Act&nbsp;</h3><ul><li>Section 43 (a-h): It covers 8 instances (a-h) where “If any person without the permission of the owner or any other person who is in charge of a computer, computer system or computer network,”&nbsp;</li><li>Section 65: ‘Tampering with computer source documents’ is an offence that is punishable under Section 65 of the Information Technology Act. It states that “Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system, or computer network when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both”.</li><li>Section 66 (A-F): This Section deals with punishments for computer-related offences such as sending offensive messages, receiving stolen computer resources, identity theft, cheating by impersonation, violation of privacy, and cyber-terrorism, punishments may extend to three years imprisonment or a fine of up to 5 lakhs, or both.&nbsp;&nbsp;</li><li>Section 67 (A-B): This Section of the Information Technology Act deals with the punishments related to the publishing or transmitting of obscene material containing sexually explicit act, etc., in an electronic format. The punishment on the first conviction is imprisonment which may extend to three years and with a fine extending to 5 lakh rupees. The punishment on the second conviction is imprisonment which may extend to five years and with a fine extending to 10 lakh rupees.</li></ul> Evolving role of forensic experts:The evolving role of forensic experts in ensuring the reliability of digital evidence has become increasingly critical in the contemporary landscape of technology-driven crime and legal proceedings. As our reliance on digital devices and platforms continues to grow, so does the complexity of digital evidence, ranging from emails and social media posts to encrypted files and network logs. Forensic experts now face the challenge of keeping pace with rapidly advancing technologies, requiring a deep understanding of not only traditional forensic methods but also cutting-edge digital tools and techniques. Moreover, the rise of cybercrime and the constant evolution of digital threats demand forensic experts to continuously update their skills to uncover and interpret digital evidence with precision. They play a pivotal role in preserving,&nbsp;analysing, and presenting digital evidence in a manner that withstands legal scrutiny, ensuring the integrity and reliability of the information presented in court. The evolving role of forensic experts is not only about solving crimes but also about adapting to the dynamic digital landscape to maintain the credibility of the justice system in the face of technological advancements. In conclusion, the implementation of strict laws and punishments for cyber crimes is essential to deter potential offenders and protect individuals and organizations from the growing threat of digital misconduct. As technology evolves, so do the tactics of cybercriminals, necessitating robust legal frameworks that can adapt to these changes. Effective enforcement not only serves as a deterrent but also fosters a culture of accountability within the digital landscape. By ensuring that penalties are significant enough to discourage illicit activities, we can promote a safer online environment. Furthermore, collaboration between governments, law enforcement, and tech companies is crucial to developing comprehensive strategies that address the complexities of cyber crimes. Ultimately, a proactive and stringent approach to legislation and enforcement will help safeguard personal data, maintain public trust, and uphold the integrity of digital interactions, ensuring a more secure future for all users. Disclaimer: This blog is made available for educational purposes only. It is not intended to provide legal advice nor form any attorney client relationship . You should always seek professional advice from a licensed�attorney for any legal questions you may have.

In today’s interconnected world, cybercrime has become a prevalent issue, posing significant threats to individuals, organizations, and governments alike. Cybercrime encompasses a wide array of illegal activities conducted through the internet or computer systems, leveraging technology for malicious purposes. 

Laws  dealing in Cyber Crimes in India

Types of Cyber Crime1. Hacking Hacking refers to unauthorized access to computer systems or networks. It can be categorized into white hat hacking, which is ethical and often conducted to identify vulnerabilities, and black hat hacking, which involves malicious intent. Black hat hackers exploit weaknesses in systems for various motives, including financial gain, corporate espionage, or political activism. The consequences of hacking can be severe, leading to data breaches, financial losses, and compromised organizational integrity2. Phishing Phishing is a deceptive technique used to trick individuals into divulging sensitive information, such as passwords or credit card numbers, by masquerading as a trustworthy entity. Phishing often occurs through emails or fake websites that appear legitimate. Cybercriminals may create messages that mimic banks, online retailers, or popular services to lure victims. The aftermath of successful phishing attacks can result in identity theft and significant financial loss for victims3. Malware Malware, or malicious software, is designed to infiltrate and damage computer systems. Common types of malware include viruses, worms, trojans, and ransomware. Ransomware, in particular, has gained notoriety for encrypting files and demanding payment for their release. Malware can compromise sensitive data, disrupt operations, and lead to substantial recovery costs for affected individuals and organizations.4. Identity Theft Identity theft occurs when someone illegally obtains and uses another person's personal information, such as Social Security numbers or credit card details, often for fraudulent purposes. This type of cybercrime can take various forms, including credit card fraud, bank fraud, and the unauthorized opening of accounts. The impact of identity theft can be long-lasting, causing financial ruin and emotional distress for victims.5. Cyberbullying Cyberbullying involves the use of digital platforms to harass, intimidate, or threaten individuals, particularly among younger populations. This form of bullying can manifest through social media, text messages, or online forums. The motivations behind cyberbullying may include a desire for social dominance or revenge. The emotional and psychological consequences can be devastating, leading to anxiety, depression, and, in extreme cases, self-harm.6. Online Fraud Online fraud encompasses various scams conducted via the internet, aiming to deceive individuals into providing money or personal information. Common examples include advance-fee scams, lottery scams, and fake investment opportunities. Cybercriminals often exploit the anonymity of the internet to perpetrate these schemes. Victims may suffer significant financial losses and a loss of trust in online transactions7. DDoS Attacks Distributed Denial-of-Service (DDoS) attacks overwhelm a website or service with excessive traffic, rendering it unavailable to users. These attacks can be orchestrated for various reasons, including extortion, revenge, or as a form of protest. The financial implications of DDoS attacks can be substantial, causing operational disruptions and reputational damage for affected organizations8. Data Breaches Data breaches involve unauthorized access to sensitive information held by organizations, often resulting in the exposure of personal data. High-profile breaches can affect millions of individuals, leading to identity theft and financial fraud. Organizations face not only the immediate fallout of such breaches but also long-term reputational damage and regulatory scrutiny9.Cyber Espionage Cyber espionage refers to the covert theft of sensitive information from governments or corporations, often conducted by state-sponsored actors. This type of cybercrime aims to gain competitive advantages or strategic insights. The implications can extend beyond financial loss, potentially compromising national security and international relations.Key Legislations Governing Cyber Crime in Indialegislation addressing cyber crime is the Information Technology Act, 2000 (IT Act);This act was enacted to provide a legal framework for electronic governance and to address cyber crimes. some significant provisions: - Section 66 This section deals with hacking and unauthorized access to computer systems. It prescribes penalties that can range from imprisonment for up to three years to fines. - Section 66C: This section addresses identity theft, which includes impersonating someone online. The punishment can be imprisonment for up to three years and/or fines. - Section 67 This pertains to the publication or transmission of obscene material in electronic form. Offenders can face imprisonment for up to five years and hefty fines. Indian Penal Code,encompasses several provisions that address cyber crimes, often in conjunction with the Information Technology Act, 2000.&nbsp;Section 378: Theft :- Theft includes any act of taking someone’s property with the intent to permanently deprive them of it. - Punishment:- Imprisonment for up to three years, or a fine, or both. In the context of cyber crime, this can apply to stealing data or digital assets. Section 379: Punishment for Theft, Imprisonment for up to three years, or a fine, Section 405: Criminal Breach of Trust :- If someone entrusted with property dishonestly misappropriates it. Imprisonment for up to three years, or a fine, or both. This can relate to situations involving online trust fraud. Section 420: Cheating and Dishonestly Inducing Delivery of Property-Cheating someone and inducing them to deliver property. - Punishment:- Imprisonment for up to seven years, and also liable to a fine. Common in cases of online scams and fraud. Section 467: Forgery of Valuable Security, Will, etc.Forgery of documents with the intent to commit fraud. - Imprisonment for life or up to ten years, along with a fine. Applicable in cases of digital forgery or fake documents. Section 468: Forgery for Purpose of Cheating :- Forgery committed with the intention of cheating. -Imprisonment for up to seven years, and also liable to a fine.Section 499: Defamation:- Making false statements about someone that damage their reputation. -: Imprisonment for up to two years, or a fine, or both. This includes defamatory statements made online. **Section 503: Criminal Intimidation:-Threatening someone with injury to compel them to do something. - Imprisonment for up to two years, or a fine, or both. Relevant in cases of online threats. The Role of the Police and Cyber Crime Cells:-Law enforcement in India is gradually adapting to the complexities of cyber crime. Each state has established **Cyber Crime Cells** to investigate and address cyber offenses. These cells are equipped to handle cases ranging from online harassment to financial fraud.In recent years, there has been a significant uptick in cyber crimes, prompting the Indian government to take action.Some notable developments include: - **Amendments to the IT Act**: The government is constantly updating the IT Act to address emerging threats. Proposals to strengthen penalties and enhance definitions of cyber offenses are being discussed. - **National Cyber Security Policy.ntroduced to safeguard critical information infrastructure, this policy emphasizes the need for collaboration between government agencies and private sectors to combat cyber threats effectively.Cyber Crime Reporting Portal Launched by the Ministry of Home Affairs, this portal allows citizens to report cyber crimes easily. This initiative aims to streamline the reporting process and enhance victim support. Disclaimer: This blog is made available for educational purposes only. It is not intended to provide legal advice nor form any attorney client relationship . You should always seek professional advice from a licensed�attorney for any legal questions you may have.

In today’s interconnected world, cybercrime has become a prevalent issue, posing significant threats to individuals, organizations, and governments alike. Cybercrime encompasses a wide array of illegal activities conducted through the internet or computer systems, leveraging technology for malicious purposes. Understanding the various types of cybercrime is essential for developing effective strategies to combat these threats and protect sensitive information

Types of Cyber Crime 

Competency of the foreign court to pass a decree of Divorce, when either of the parties to the marriage is domicile of a foreign country and the other spouse is domicile of India.&nbsp; &nbsp;Author: Adv Tanya Jha&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;LLB,CS,BCOM&nbsp;“Marriages are made in heaven, consummated on earth but governed by the law”!&nbsp;&nbsp;India is a secular state, i.e.. it does not have any state religion and people in India have liberty to practice and profess any religion of their choice. The legal system in India comprises civil law, common law, customary law, personal law, corporate law etc. Matters arising out of or connected with marriages and divorce is governed under the personal law of the spouses or under the act, in which the marriage was solemnized, such as the Hindu Marriage Act 1955, the Indian Christian Marriage Act 1872, Muslim Personal Law (Shariat) Application Act, 1937 and the Parsi Marriage and Divorce Act 1936 for solemnization of Marriage and other related matters. However, in the case of interreligious marriage, a spouse can choose to marry under&nbsp;the Special Marriage Act and when a person solemnizes marriage under this law, then the marriage is not governed by the personal law but by the Special Marriage Act and the proceeding for divorce shall be governed&nbsp;by the Special Marriage Act.In a case where a divorce decree is granted in foreign jurisdiction if one of the spouses is domiciled of foreign country, such a decree is recognized in India under provision of sec 13 of the Code of Civil Procedure:&nbsp;&nbsp;Section 13 of the Civil Procedure Code states when a foreign judgment is not conclusive. It reads:---&nbsp;"13. When a foreign judgment is not conclusive.---A foreign judgment shall be conclusive as to any matter thereby directly adjudicated&nbsp; upon between the same parties or between parties under whom they or any of them claim litigating under the same title except---&nbsp;(a) where it has not been pronounced by a Court of competent jurisdiction;(b) where it has not been given on the merits of the case;(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of (India) in cases in which such law is applicable;&nbsp;(d) where the proceedings in which the judgment was obtained are opposed to natural justice;(e) where it has been obtained by fraud;(f) where it sustains a claim founded on a breach of any law in force in (India).&nbsp;Jurisdictional competency&nbsp;of the court, to try suits in matrimony for marriage between the spouses of different nationals, depends on the domicile. Partners are governed by the law of their matrimonial domicile. Domicile ascribed to an individual a character of citizen to the country a place of permanent residence, with an intention to make it a permanent home. Temporary residence doesn’t give a domicile of the country unless there is an intention of making it a permanent home. It is based on domicile, a personal rights of the party,&nbsp;i.e laws of succession, marriage and divorce, testacy, or intestacy are governed.&nbsp;An individual can have residency in more than one country, but he/she cannot have more than one domicile.There are general rules governing domiciles:-Nobody is without a domicile.&nbsp;&nbsp;A person cannot have two domiciles.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;There is a presumption in favor of continuance of an existing domicile.And two classes of domicile are: -·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;the domicile of origin which is communicated by operation of law to each person by birth&nbsp;&nbsp;i.e either of father or mother&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;and&nbsp;·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Domicile by acquisition.&nbsp;So far as India is concerned, a judgment of a foreign Court creates estoppel or res judicata between the same parties provided such judgment is not subject to attack under any of the Clauses (a) to (f) of section 13 of the C.P. Code vide Maganbhai v. Maniben, MANU/GJ/0095/1985 : AIR1985Guj187. The question of jurisdiction of a foreign court in a divorce proceeding is generally dependent upon the domicile of the parties. In Satya v. Teja Singh, MANU/SC/0212/1974 : 1975CriLJ52, it was observed:&nbsp;"But if a decree of divorce is to be accorded full faith and credit in the courts of another jurisdiction, it is necessary that the Court granting the decree has jurisdiction over the proceedings. A decree of divorce is thus treated as a conclusive adjudication of all matters in controversy except the jurisdictional facts on which it is founded. Domicile is such a jurisdictional fact. A foreign divorce decree is, therefore, subject to collateral attack for lack of jurisdiction even where the decree contains the findings of recital of jurisdictional facts".&nbsp;Therefore, law is a test for determining personal law. However, the general rule is that the wife's domicile follows of the husband.&nbsp;In Harvey v. Farnie, 1882 (8) H.L. 43, the contention was that a marriage solemnized in England between an English woman and a Scotchman was an "English marriage", no foreign Court had jurisdiction to dissolve the same. The House of Lords rejected this contention and held that on marriage the wife took the domicile of her husband and became subject to his laws. This is based on the rule laid down in Le Mesurier's, 1895 A.C. 517, that matrimonial status is governed by the law of domicile of the parties and that the wife's domicile follows the domicile of her husband.The High Court in India, In Prakash v. Mst. Shahni, A.I.R. 1965 J &amp; K 83, went a step further and observed that even on the death of her husband, a widow retains her husband's domicile until she changes it by her own act.&nbsp;e.g. by marriage.&nbsp;The Law evolves as per changing time, and the earlier law in which domicile of wife follows that of husband has been relaxed in catena of judgements. in Indyka v/s Indyka 1967 (2) All.E.R. 689:&nbsp;1969 (1) A.C. 33 the departure from general rule, that wife domicile follows of husband was overruled. This departure form established doctrine laid down in Le Mesurier's case, was laid due to the fact it operated too rigidly, in the case of modern time, when there are more marriages between the different nationalities. Thus decree of divorce can be granted by the court to the wives residence, provided the length and the quality of the residence is taken into account. The direction pronounced in Indyka v/s Indyka was also upheld in subsequent decision Angelo v. Angelo,&nbsp;1967 (3) All.E.R. 314; Mayfield v. Mayfield,&nbsp;1969 (2) All.E.R. 219; Mather v. Mahoney,&nbsp;1968 (3) All.E.R. 223&nbsp;and Brown v. Brown,&nbsp;1968 (2) All.E.R. 11, are illustrative of the fact that decrees passed by foreign Courts were&nbsp;recognised on the ground of real and substantial connection of either of the parties to the respective foreign country. In context of India, supreme court upheld law as laid down the directions,&nbsp;&nbsp;in Indyka case&nbsp;&nbsp;in Surinder Kaur v. Harbax Singh,&nbsp;1984 S.C.C. 698.&nbsp;If the local/ municipal law is silent about the provision in law, the courts can refer to&nbsp;Hague Convention on the Recognition of Divorces and Legal Separation 1970&nbsp;to "the recognition in one contracting State of divorces and legal separations obtained in another contracting State which follow judicial or other proceeding officially recognized in that State and which are legally effective there" even though India is not signatory or convention, the courts can refer to the convention, provided it is not inconsistent with the laws made of municipal law and not contrary to public policy.&nbsp;Guidelines issued by Supreme court of India in&nbsp;“Narasimha Rao v. Venkata Lakshmi”, (1991)2 SCR 821, while interpreting clause 13(a) deciding on the competency of jurisdiction of the foreign courts, stated that “only that court will be a court of competent jurisdiction which the Act or the law under which the parties are married recognises as a court of competent jurisdiction to entertain the matrimonial dispute any other court shall be held to be without jurisdiction, unless both the parties voluntarily subject themselves to the jurisdiction that court. The expression “competent court” in Section 41 of the Indian Evidence Act has also to be construed likewise.”the Supreme Court stated clause b(13) of CPC to be interpreted as:"(a)that the decision of the foreign Court should be on a ground available under the law under which the parties are married, and (b) that the decision should be a result of the contest between the parties. The latter requirement is fulfilled only when the respondent is duly served and voluntarily and unconditionally submits himself/herself to the jurisdiction of the Court and contests the claim, or agrees to the passing of the decree with or without appearance. A mere filing of the reply to the claim under protest and without submitting to the jurisdiction of the Court, or an appearance in the Court either in person or through a representative for objecting to the jurisdiction of the Court, should not be considered as a decision on the merits of the case."the Supreme Court stated clause c(13) of CPC to be interpreted as:"The marriages which take place in this country can only be under either the customary or the statutory law in force in this country. Hence,&nbsp;the only law that can be applicable to the matrimonial disputes is the one under which the parties are married, and no other law. When, therefore, a foreign judgment is founded on a jurisdiction or on a ground not recognised by such law, it is a judgment which is in defiance of the law. Hence, it is not conclusive of the matters adjudicated therein and, therefore, unenforceable in this country. For the same reason, such a judgment will also be unenforceable under Clause (f) of section&nbsp;13, since such a judgment would obviously be in breach of the matrimonial law in force in this country."&nbsp;Disclaimer: The aforesaid&nbsp;&nbsp;information is&nbsp;&nbsp;made available for educational purposes only. It is not intended to provide legal advice nor form any attorney client relationship . You should always seek professional advice from a licensed�attorney for any legal questions you may have. &nbsp;&nbsp;&nbsp;

Competency of the foreign court to pass a decree of Divorce, when either of the parties to the marriage is domicile of a foreign country and the other spouse is domicile of India. 

Validity of foreign divorce decree in India

All contracts are agreement but not all agreement is a contract. Cardinal principal is for an agreement to be a contract must be enforceable by law. In the absence of&nbsp;&nbsp;&nbsp;written agreement,&nbsp;&nbsp;the maxim,&nbsp;“Modus et Conventio Vincunt Legem:- The form of agreement and the convention of parties overrule the law,&nbsp;&nbsp;may be regarded as the most elementary principle of law relative to contracts, the stipulations attached in the agreements, whether express or verbal,&nbsp;&nbsp;whence entered&nbsp;&nbsp;between the parties, and duly executed subject to the restrictive covenants, shall have force of law, and govern the parties to such an instruments or agreements.Often in international trade and relations, and as customary to the specific business, the parties agree to an informal agreement, known as “Gentleman’s agreement”, an agreement not in writing but based on trust, to do what they have promised to do as an honour and etiquette. In a legal parlance, the “Gentleman’s Agreement” is an oral contract, in which the terms and conditions are implied and not expressed in writing, and in the case of dispute, it can’t be always proved.&nbsp;&nbsp;It is settled position of law, that Courts will only give effect to the intention of the parties as it is expressed by the contract, then how do we deal in cases, where the contract is oral and one of the parties to the contract, is yet to perform its reciprocal obligations, or&nbsp;&nbsp;the party has&nbsp;&nbsp;partly performed its obligations based on the&nbsp;&nbsp;oral promise of the promisor , in the absence of the written contract?The essential ingredient of valid contract u/s 10 of The Indian Contract Act,1872&nbsp;&nbsp;&nbsp;is: - 1.&nbsp;&nbsp;&nbsp;&nbsp;Offer, without an offer there can be no contract.2.&nbsp;&nbsp;&nbsp;&nbsp;Acceptance of offer: The offer must be accepted by the party to whom it is made.3.&nbsp;&nbsp;&nbsp;&nbsp;Acceptance in ad-idem:&nbsp;&nbsp;The acceptance to the terms of the contract in the “same-sense” i.e there is a meeting of minds.4.&nbsp;&nbsp;&nbsp;&nbsp;Competent parties to the contract.5.&nbsp;&nbsp;&nbsp;&nbsp;Valid consideration.6.&nbsp;&nbsp;&nbsp;&nbsp;Free consent.7.&nbsp;&nbsp;&nbsp;&nbsp;Certainty. In enforceability of oral contracts, The Apex court in Coffee Board v/s CCT, (1988) 3, SCC: AIR 1988 SC 1487 held that an “Offer and acceptance can be spelt out from the conduct of the parties, which covers not only their acts but also omissions”.&nbsp;Similar view was held in P.Poppan v/s karia Gounder, (2002) 2 CHN40, that “An offer and acceptance need not always be formal, nor does the law of contract or sale of goods&nbsp;&nbsp;require that consent to a contract must be in writing.&nbsp;An offer/proposal must be made to a specific person and must be communicated to the intended offeree. Similarly, the offeree must accept the offer, in the same sense it was intended, and if it varies the original terms, that shall be construed as counteroffer.&nbsp;Sec 2(b) of The Indian Contract Act, 1872 defines it as “When the person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted.&nbsp;A proposal, when accepted, becomes a promise. To constitute an acceptance, there must be external manifestation, by way of speech, writing or by conduct.&nbsp;In this paper, we shall explore the possibilities of enforcing of oral agreements&nbsp;&nbsp;based on the common law principle of&nbsp;&nbsp;“Acceptance by conduct.”Acceptance by conduct, is an element that may be invoked to prove the terms of the oral agreement between the parties.&nbsp; Sec 8 of The Indian Contract Act, 1872 has given express recognition to the principal of acceptance by conduct, “performance of the conditions of a proposal, of the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.”Therefore, to infer acceptance by conduct in oral contract either of the conditions must be fulfilled:&nbsp; ·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Performance of the conditions of the proposal.	OR&nbsp;·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Acceptance of any consideration offered with a proposal. Opining on&nbsp;&nbsp;acceptance&nbsp;&nbsp;by conduct, in Gaddar Mal&nbsp;&nbsp;v/s Tata Industrial Bank Ltd, AIR 1927,&nbsp;&nbsp;it was held that, in context of the law on the subject of acceptance of offer is indicated in Section 7, 8 and 9 of the contract act and these sections must be read without reference to the English law on the subject. According to Section 7, before a proposal becomes a promise rendering the promisee liable to the conditions contained in the promise, there must be an absolute and unqualified acceptance. This acceptance must be expressed in some usual and reasonable manner unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes the manner and the acceptance is not made in that manner the promise Sir may require acceptance in the manner prescribed, but if he does not do so, he will be held to have accepted the acceptance in the manner that it was made. Section 8 provision is made for an implied acceptance by performance on the part of the promisee of the conditions of a proposal or by the acceptance of any considerations of a proposal or by the acceptance of any consideration offered for a reciprocal promise invited from the promise. In section 9 it is stated that the acceptance of any promise made in words is said to be “expressed” and made otherwise then in words is said to be “implied”. Doctrine of Acquiescence:In oral agreement the petitioner or the defendant can take the plea of the equitable doctrine of the Acquiescene,which is a common law principle governing the rights of the party in the absence of the statutory law and is dealt&nbsp;&nbsp;in court of equity.Section 39 of The Indian Contract Act 1872,&nbsp;&nbsp;deals with the effect of the refusal of the party to perform a promise wholly. This provision is the only one that speaks of the concept of acquiescence, which could be signified by words or conduct, being an exception for terminating the contract. Under this provision, a promisee may put an end to the contract unless there exists an element of acquiescence that could be seen and exhibited through his words or conduct.&nbsp;The underlying principle governing these concepts would be one of estoppel. A party to the contract must exercise its right and it would be unjustified for a court of equity to give remedy to a party, who has slept over his rights and that act off not exercising his rights would indicate a waiver of such a right. By his conduct, he has put the other party in a particular position, and therefore, it would be unreasonable to facilitate a challenge.The offeror may have acquiesced in a certain conduct on the part of the acceptor as equivalent to acceptance. Malraju Lakshmi Venhayyamma v/s Venkata Narasimha Appa Rao (1915-`16) 43 IA 138.Acquiescence would mean a tacit or passive acceptance. It is implied and reluctant consent to an act. In other words, such an action would qualify a passive assent. Thus, when acquiescence takes place, it presupposes adequate knowledge of its terms, and instead being allowed to continue by consciously ignoring it and thereafter proceeding further, acquiescence does take place. knowledge against a particular act. From the knowledge comes passive acceptance, therefore instead of taking any action against any alleged refusal to perform the original contract.As a consequence,&nbsp;it reintroduces a new implied agreement&nbsp;between the parties. Once such a situation arises, it is not open to the party that acquiesced itself to insist upon the compliance of the original terms. Hence, what is essential, is the conduct of the parties. We only dealt with the distinction involving a mere acquiescence. &nbsp;When acquiescence is followed by delay, it may become laches.&nbsp;Sir Barnes Peacock in Lindsay Petroleum Co. v. Prosper Armstrong Hurd [1874 LR 5 PC 221 : 22 WR 492] , thus: (LR pp. 239-40)&nbsp;“Now the doctrine of laches in courts of equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation, in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. But in every case, if an argument against relief, which otherwise would be just, is founded upon mere delay, that delay of course not amounting to a bar by any statute of limitations, the validity of that defence must be tried upon principles substantially equitable.&nbsp;Two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as it relates to the remedy.”&nbsp; In recent judgment of&nbsp;&nbsp;Apex Court,&nbsp;&nbsp;consisting of Hon’ble Justice bench consisting of Hon’ble Justice&nbsp;&nbsp;Rao &amp; Justice Khanna in the matter of&nbsp;&nbsp;State&nbsp;&nbsp;Bank of India v/s MJ James,… held that both the limitation and latches destroy the remedy but not the right. Acquiescence on the other hand virtually destroys the right of the person.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Court explained that the doctrine of&nbsp;&nbsp;Acquiescence is an equitable doctrine which applies when a party having a ride standby and sees the another dealing in a manner inconsistent with the right while that act is in progress and after violation is completed, which conduct reflects his assent or accord. He cannot afterwards complain.&nbsp;&nbsp;In literal sense the term Acquiescence mean silent assent, tacit consent, concurrence, or acceptance, which denotes conduct that is evidence of an intention of a party to abandon an equitable right and also to denote conduct from which the another party will be justified in inferring such an intention. Act for silence can either be direct with full knowledge and express appropriation, or indirect where a person having the right to set aside the action stand by and see&nbsp;&nbsp;&nbsp;another dealing in a manner inconsistent with the that right and inspite of the infringement, takes no action, mirroring acceptance. However Acquiescence cannot apply&nbsp;&nbsp;if the lapse of time is of no importance or consequence.&nbsp;Acquiescence imply active assent and is based upon the rule of estoppel in pais.Admissibility of oral agreement as oral evidence under section 92 of&nbsp;&nbsp;The Indian Evidence Act,&nbsp;In India, courts are reluctant to admit the oral evidence to proof the content of the document, agreement, contracts, records.. section 92 of the Indian Evidence Act, specifically debars the admission of the any oral agreements “When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or substracting from, its term”.However, the aforesaid section has carved our proviso (2-) The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document.Proviso (3.- The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved.Proviso (4.- The existence of any distinct subsequent oral agreement to rescind or modify any such contact, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents.Proviso (5.- Any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved.Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract.&nbsp;analysis of the section 92 of the Indian Evidence Act, the evidence of the oral agreement may be admitted whence:&nbsp;·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;When the&nbsp;&nbsp;document submitted is silent, as to the contents to be provided, than the existence of the oral agreement can be proved.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Oral agreement as condition precedent, attached to the agreement can be proved.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The subsequent oral agreement, to rescind and/or modify any such prior contract or&nbsp;contact, grant or disposition of property, may be proved. However, when the law mandates that the contract or disposition of the property must be in writing and registered, the existence of the oral agreement cannot be admitted.&nbsp;·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The oral agreement can be admitted as evidence, when the transaction contemplated in contract&nbsp;&nbsp;is customary to the trade. <h1>“Pacta sunt servanda”- Agreements must be followed.&nbsp;</h1> 	THANK YOU&nbsp; Disclaimer: This blog is made available for educational purposes only. It is not intended to provide legal advice nor form any attorney client relationship . You should always seek professional advice from a licensed�attorney for any legal questions you may have.

MODUS ET CONVENTIO VINCUNT LEGEM:- THE FORM OF AGREEMENT AND THE CONVENTION OF PARTIES OVERRULE  THE LAW. 

Enforcement of the Oral Contracts

A Thumb’s up emoji on&nbsp;WhatsApp, can&nbsp;conclude your&nbsp;Legal contract..An evolution of the admissibility of&nbsp;electronic&nbsp;Evidence’s, in court of&nbsp;Law in&nbsp;reference to sec 65B of The Evidence Act, 1872As a legal professional, it is crucial to have a thorough understanding of the laws and regulations that govern the use of electronic evidence in court. One such provision is Section 65B of the Evidence Act, which establishes the rules for the admissibility of electronic evidence in legal proceedings. In this comprehensive research study, I will explore the purpose, key provisions, case studies, challenges, criticisms, recent developments, expert opinions, and comparative analysis of Section 65B of the Evidence Act.&nbsp;Introduction to Section 65B of the Evidence Act:Section 65B of the Evidence Act is a relatively new provision that was introduced in 2000 to address the admissibility of electronic evidence in court. The purpose of this provision is to establish the rules for the admissibility of electronic evidence, including computer-generated evidence, digital documents, and audio and video recordings. The key goal of this provision is to ensure that electronic evidence is reliable, authentic, and can be verified by the court.&nbsp;Purpose and Importance of Section 65B:The primary purpose of Section 65B of the Evidence Act is to ensure that electronic evidence is admissible in court. Electronic evidence can be crucial in legal proceedings, as it can provide valuable information and insights that can help to establish guilt or innocence. For example, email correspondence, text messages, and social media posts can provide important evidence in cases of cybercrime, harassment, and defamation.The importance of Section 65B lies in its ability to ensure that electronic evidence is reliable and can be verified by the court. This provision establishes the rules for the admissibility of electronic evidence, including the requirements for certification, storage, and retrieval of electronic evidence.&nbsp;Key Provisions of Section 65B:Section 65B of the Evidence Act contains several key provisions that establish the rules for the admissibility of electronic evidence. One of the most important provisions is the requirement for certification of electronic evidence. According to this provision, electronic evidence must be accompanied by a certificate that verifies its authenticity and accuracy.Another key provision of Section 65B is the requirement for storage and retrieval of electronic evidence. This provision establishes the rules for the preservation and retrieval of electronic evidence, including the methods for maintaining the integrity and authenticity of the evidence.&nbsp;Case Studies Highlighting the Application of Section 65B:Several case studies highlight the application of Section 65B of the Evidence Act in legal proceedings. One such case is the&nbsp;State of Tamil Nadu v Nalini, where the court relied on electronic evidence to establish the guilt of the accused in the assassination of Rajiv Gandhi. In this case, the court relied on email correspondence and audio recordings to establish the guilt of the accused.Another case that highlights the application of Section 65B is the&nbsp;Shafhi&nbsp;Mohammad v State of Himachal Pradesh, where the court relied on electronic evidence to establish the guilt of the accused in a case of rape and murder. In this case, the court relied on video recordings and text messages to establish the guilt of the accused.&nbsp;Challenges and Controversies Surrounding Section 65B:Despite the importance of Section 65B, there are several challenges and controversies surrounding its implementation. One of the biggest challenges is the lack of awareness among legal professionals about the requirements and procedures for the admissibility of electronic evidence. This can lead to the rejection of electronic evidence in court, even if it is reliable and relevant.Another challenge is the lack of standardization in the certification and storage of electronic evidence. This can lead to inconsistencies in the way electronic evidence is treated in different courts and jurisdictions.Criticisms and Debates on the Admissibility of Electronic Evidence:There are also several criticisms and debates on the admissibility of electronic evidence in court. One of the biggest criticisms is that electronic evidence can be easily manipulated, altered, or fabricated. This can raise questions about the reliability and authenticity of electronic evidence and can make it difficult to establish its admissibility in court.Another criticism is that the rules for the admissibility of electronic evidence are too complex and can be difficult to understand and apply. This can create confusion and uncertainty among legal professionals and can lead to the rejection of electronic evidence even if it is relevant and reliable.&nbsp;The Role of Data Protection Laws:To address the data privacy concerns arising from Section 65B, it is important to consider the existing data protection laws in India. The implementation of the Personal Data Protection Bill (PDPB), once enacted, will significantly impact the handling and processing of personal data, including electronic evidence. The PDPB introduces comprehensive data protection principles and rights for individuals, aiming to strike a balance between privacy and innovation. It is crucial to examine how the provisions of Section 65B align with the principles and requirements set out in the PDPB to ensure cohesive protection of data privacy rights.&nbsp;Evolving role of forensic experts:The evolving role of forensic experts in ensuring the reliability of digital evidence has become increasingly critical in the contemporary landscape of technology-driven crime and legal proceedings. As our reliance on digital devices and platforms continues to grow, so does the complexity of digital evidence, ranging from emails and social media posts to encrypted files and network logs. Forensic experts now face the challenge of keeping pace with rapidly advancing technologies, requiring a deep understanding of not only traditional forensic methods but also cutting-edge digital tools and techniques. Moreover, the rise of cybercrime and the constant evolution of digital threats demand forensic experts to continuously update their skills to uncover and interpret digital evidence with precision. They play a pivotal role in preserving,&nbsp;analysing, and presenting digital evidence in a manner that withstands legal scrutiny, ensuring the integrity and reliability of the information presented in court. The evolving role of forensic experts is not only about solving crimes but also about adapting to the dynamic digital landscape to maintain the credibility of the justice system in the face of technological advancements.&nbsp;Future Directions:This section discusses potential areas for improvement and future directions concerning Section 65B and data privacy concerns. It explores the need for continuing dialogue among legal professionals, policymakers, and technology experts to develop clear and consistent guidelines for the admissibility of electronic evidence without compromising data privacy. It also considers the potential role of technological advancements, such as blockchain and secure encryption methods, in ensuring data protection while allowing the credible and reliable presentation of electronic evidence.&nbsp;Recent Developments and Amendments Related to Section 65B:In recent years, there have been several developments and amendments related to Section 65B of the Evidence Act. One of the most significant amendments was introduced in 2018, which clarified the requirements for the certification and admissibility of electronic evidence.Another significant development is the increasing use of technology in legal proceedings, which has led to the need for more robust rules and regulations for the admissibility of electronic evidence.&nbsp;Expert Opinions and Recommendations on Section 65B:Legal experts and practitioners have provided several recommendations and opinions on Section 65B of the Evidence Act. One of the most common recommendations is the need for more awareness and training on the requirements and procedures for the admissibility of electronic evidence.Another recommendation is the need for more standardization and consistency in the certification and storage of electronic evidence. This can help to ensure that electronic evidence is treated consistently and fairly in different courts and jurisdictions.&nbsp;Comparative Analysis with Similar Provisions in Other Jurisdictions:Several jurisdictions have similar provisions to Section 65B of the Evidence Act. One such jurisdiction is the United States, where the Federal Rules of Evidence establish the rules for the admissibility of electronic evidence. The rules in the US are similar to those in India and require certification, storage, and retrieval of electronic evidence.Another jurisdiction with similar provisions is the United Kingdom, where the Civil Evidence Act establishes the rules for the admissibility of electronic evidence. The rules in the UK are similar to those in India and require certification and authenticity of electronic evidence.&nbsp;Conclusion: The Impact and Future of Section 65B:In conclusion, Section 65B of the Evidence Act is a crucial provision that establishes the rules for the admissibility of electronic evidence in court. Despite its importance, there are several challenges and controversies surrounding its implementation, including the lack of awareness among legal professionals and the lack of standardization in the certification and storage of electronic evidence.To ensure the effectiveness and reliability of electronic evidence, it is crucial to increase awareness and training among legal professionals and to establish more robust rules and regulations for the admissibility of electronic evidence. With these measures in place, Section 65B can have a significant impact on the use of electronic evidence in legal proceedings and can help to ensure justice and fairness for all.

As a legal professional, it is crucial to have a thorough understanding of the laws and regulations that govern the use of electronic evidence in court. One such provision is Section 65B of the Evidence Act, which establishes the rules for the admissibility of electronic evidence in legal proceedings. In this comprehensive research study, I will explore the purpose, key provisions, case studies, challenges, criticisms, recent developments, expert opinions, and comparative analysis of Section 65B of the Evidence Act.

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Enforcement of the Oral Contracts

A Thumb’s up emoji on WhatsApp, can conclude your Legal contract