Techno Legals LLP Blog

ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT WRITTEN BY: VIVEK NASA ELECTRONIC EVIDENCE / EVIDENCE RELATED TO ELECTRONIC RECORDS NOT ADMISSIBLE WITHOUT CERTIFICATE UNDER SECTION 65B(4) OF INDIAN EVIDENCE ACT. ANY AUDIO/VIDEO RECORDING OF ANY CRIMINAL OFFENCE GIVEN TO POLICE ON CD/DVD/PEN DRIVE, NOT ADMISSIBLE EVIDENCE PER SE . After implementation of Information Technology Act 2000 (as amended), amendments were made to other statues like Indian Penal code and Indian Evidence Act, to recognize offences/ criminal acts done, using computer systems (including electronic devices). Amendments were also introduced to Indian Evidence Act to recognize evidence collected using computer systems. Section 65A and 65B were added to recognize admissibility of evidence related to electronic records. Section 65A of Indian Evidence Act reads as under: “Section 65A: Special provisions as to evidence relating to el...

By Nishant Ahlawat   What is so great about these internet companies that they, provide consumer’s/user’s access to their services so easily and usually that too for no apparent charges at all? As an internet strong market, Indian citizens or users from India are on grid of all Internet companies. Besides as was evident from recently concluded general elections, trends of marketing – aptly, targeted marketing were no different in election canvassing from product promotions of small or big products. Infact, lately, a huge amount of attention has been paid to government snooping, and the bulk collection and storage of vast amounts of raw data in the name of national security. Even state run programs like National Intelligence Grid (NATGRID) Project of India, Central Monitoring System (CMS) Project of India, Internet Spy System Network and Traffic Analysis System (NETRA) of India, Crime and Criminal Tracking Network and Systems (CCTNS) etc. working amidst total absence of ...

By Nishant Ahlawat Techno Legals LLP Introduction In my last write up I discussed issues with respect to an individual’s usage of computing devices, internet, technology, valuable /commercial aspect attached to such usage and effect of such individuals death on assets so created. I further inferred and suggested importance of creating an exhaustive ‘E-Will’ defining how and to whom assets so created by an individual user shall be transferred after life time of such a user. Departing of a loved one is always a very rough time and experience for bereaved family and relations. In absence of a defined structure and mechanism for transfer of rights to the belongings, properties and assets of such an individual, scenario becomes far more painful for such family and relations. Important Be it physical property/assets or virtual property, assets, data etc., it is always  advisable for every person who has attained majority to make a will or wills detailing and defining str...

By Nishant Ahlawat Techno Legals LLP Introduction Lately a lot of my clients have raised queries about getting legitimate access to virtual accounts and e- properties of their deceased loved ones. Analyzing these queries I intend to explain the complexity and solution to simplify legal and practical issues so emanating out in form of a virtual property will. In today’s world use, of computers, storage devices and software(s) is no more an option or utility but a necessity. While this virtual reality opens gateway to new form of user experience(s), gaming, data depositions, creative, social interactions and revenue generation models it also calls for an interpretation of existing laws from a new spectrum. Virtual Property Have you ever thought why you are able to access large number of virtual/ internet services for no cost at all?  The answer lies in their usage by large number of users including you. Knowingly- Unknowingly not only you contribute to increased val...

By Nishant Ahlawat Techno Legals LLP 28 August 2014 Scenario With rise of e-commerce in India and the world, new and naïve form of e-commerce business models and technologies are coming up every minute in market. In fact some of these services have become integral part of our day today life and have changed the way we travel, we shop, we buy items of our daily needs, etc. On other perspective these concepts or models may either be identical or distinct of each other, but all of these streams have one common feature. This common feature is their dependency on multiple software platforms for effective running and smooth execution of their concepts.  Now be it a startup or an IT giant, they all have their technical dependency on in-house or outside Technical teams for their IT resource development depending upon multiple factors like skills, team size, turn- around time, costing etc. Like any other business, getting a software developed also requires to be safeguarded w...

By Nishant Ahlawat The trends and facts As per a report published in India Today [i] Indian Internet users will surpass the number in the US by the end of this year and around 500 million people will be online by 2018,  as per Rajan Anandan, managing director, Google India. Going by the statistics of various social media platforms like Facebook, Twitter, Linkedin and Pinterest etc. legal exposure seems to increase every second for internet users. The infographic [ii] below covers all the latest Social Media facts, figures, numbers and statistics of 2014. Some of the mind-blowing facts are mentioned here: 75% of the engagement on a Facebook post happens in the first 5 hours. 53% of interaction between Google+ user and a brand is positive. 44% of users on Twitter have never sent a tweet! 84% of women and 50% of men stay active on Pinterest. More than 2 users sign-up for LinkedIn every second. 23% of teens consider Instagram as their favourite social network. We...

Recovery of cheque bounce money becomes difficult: Change in Jurisdiction of Section 138 NI Act Cases Landmark Judgement by Supreme Court of India changes the way Cheque Bounce Section 138 NI Act cases are filed. In a landmark judgement, the Supreme Court of India has changed he way Cheque Bounce Section 138 of Negotiable Instruments Act cases are filed.to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Earlier, a case under Section 138 could be filed by holder of the cheque at four different places of his choice including his place of business or residence. But, now after this landmark judgement in the case of Supreme Court of India has ruled that from now onwards a case can be filed only at the place where the branch of the bank on which the bounced cheque was drawn is located. Dashrath Rupsingh Rathod Versus State of Maharashtra & Anr. Source :Judis.nic.in Dashrath Rupsingh Rathod Versus State of Maharashtr...

Advocate Vivek Nasa on Health Insurance Motor Vehicle insurance 

Advocate Vivek Nasa on Sexual Harassment of Women & Criminal Law Amendment Act PART 1 PART 2

Supreme Court Constitutional Bench guidelines on Mandatory Registration of FIR The Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P [W.P.(Crl) No; 68/2008] held that registration of First Information Report is mandatory under Section 154 of the Code of Criminal Procedure , if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary  inquiry  may  be  conducted only to ascertain whether cognizable offence is disclosed or not. The important issue which was considered by the Constitutional Bench in the referred matter was whether "a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short 'the Cod...