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We have been hearing about cybersecurity vulnerabilities at every other organization in every newspaper we've opened in recent days. Even well-known technology companies ensure that their cybersecurity read more
We
have been hearing about cybersecurity vulnerabilities at every other
organization in every newspaper we've opened in recent days. Even well-known
technology companies ensure that their cybersecurity defences are up to date in
order to prevent the leakage of any type of information, whether classified or
non-classified. Cyber defence is a mechanism for defending a computer network
that includes a quick response to breaches and the construction of a wall in the
firm's infrastructure that acts as a security layer and guards the firm's
sensitive information.
Cybercrime
is no longer considered a minor offence. They've grown in lockstep with
technological advancements. Gone are the days when cybercrime was used to steal
a tiny sum of money from someone's bank account. Top-tier government
organizations, such as the Pentagon, which is regarded the safest network, are
now using cybersecurity. The fundamental reason for the progress in cyber
defence is that fraudsters have advanced. Cybercriminals have access to
technology that is far more advanced than any government has ever envisioned.
Furthermore, as knowledge of the dark web has grown on the internet,
cybercriminals have been able to disappear underground even before anyone
detects them.
A the shared network connects all of the company activities. In reality, all
commercial activities are now conducted online, in a digital format, with
everything reliant on the system and its networks. This makes it easier for
hackers to gain access to sensitive information. When data is breached, it
casts a doubt on the company's integrity, and the firm's entire goodwill
suffers as a result. When Facebook's data breach was revealed in 2018, it
wreaked havoc on social media, prompting the #quitfacebook trend, which pushed
the company to make significant revisions to its privacy policies. It even
had an impact on the number of users Facebook had previously and now has. The
legitimacy of all social media networks has been questioned as a result of one
data breach.[1]
Governments
and internet websites are not the sole targets of cyber-attacks; a city's
electrical grid can also be hacked. This causes widespread public
inconvenience. It has an impact on the revenues generated by local governments.
Because the system is so badly damaged, the costs of repairing the entire
electrical grid should be a major expense for the state government. Such
cyber-attacks have an influence that extends beyond an individual to the
country's economy and even political processes.
Artificial
Intelligence (AI):
AI
is currently the most talked-about term in the country. Artificial intelligence
(AI) has a lot of potential in the field of cyber defence. Google is the best
example of this type of technology. There is two-factor authentication whenever
we try to log in to our Google account on a new device. This authentication
confirms the user's identification on the basis of two or three separate
grounds. These grounds could be something they already know, are, or possess.[2]
Deep
learning is an advanced AI concept. The data is verified using deep learning.
It keeps track of all transactions, including real-time communications, in
order to detect any viruses or other malicious activity on your network.
Behavioural
analytics:
Following
the Facebook-Cambridge Scandal, one is fully aware of the exploitation of data
for behavioural analysis. This strategy is commonly used to target the proper
demographic on social media platforms and in online marketing. This form of
technology, on the other hand, is still being researched and developed for
sophisticated cyber defence systems. This method aids in determining a system's
pattern and tracking network activity in order to detect a real-time threat or
the likelihood of a threat in real time. A user's device, for example, may show
an unusual rise in data transmission, which could signal a cybersecurity
breach. While this type of technology is most commonly associated with
networks, it can also be found in apps and devices is now also developing.
External
Hardware Application:
A
password or a numbered pin is insufficient to safeguard our devices against
corruption. Embedded authenticators are proving to be one of the safest methods
of confirming a user's identification. Intel, the world's leading chip
manufacturer, has released the 6th Generation vPro Chips. These chips are
extremely powerful user authentication chips that are built right into the
hardware, eliminating the need for external storage. These chips, according to
the business, will transform the structure of ‘Authentication Security,' since
they are designed to work at various levels and authentication techniques in
unison.
Blockchain
Cybersecurity:
One
of the most recent cybersecurity solutions is rapidly gaining traction and
receiving the attention it deserves. The two parties to the transaction are
identified using blockchain technology. This type of cybersecurity is based on
the basics of peer-to-peer networks. The basic goal of blockchain is to establish
trust in a distrustful environment. Every blockchain participant is completely
responsible for verifying the veracity of the data they submit. Blockchains
erect an impenetrable wall around the network that cannot be penetrated,
ensuring that there are no chances of compromise.[3] To keep possible cyber
risks at bay, blockchains normally establish a rigorous verification system.
Consider the case of Mobilecoin.
Zero
- Trust Model:
The
name says it all: under this paradigm of cyber defence, it's considered that
the network has already been compromised. As a result, the network can no
longer be trusted, forcing a person to improve the network's internal and
exterior security. The most important aspect of this type of cybersecurity
approach is that it requires someone to improve both internal and external
networks.[4] Even before the network is
breached, it is presumed that it has already been breached, implying that the
necessary protection will be provided. This includes identifying a company's
key data, tracking the flow of that data, separating the logical and physical
components, and ensuring that the company's policies are constantly reviewed
and modified as needed.
India
has almost 560 million internet users, making it the world's second-largest internet
user. According to reports, because to the epidemic, this figure is likely to
surpass 600 million users by the end of the year. On the other hand, these
enormous figures necessitate the development of robust cyber defence
technology. Though cybersecurity is improving every day, hackers are always
improving their skills and seeking for new ways to get access to new systems.
To ensure that cybercrime is reduced and that fraudsters' efforts are not in
vain, certain regulations must be in place, and lawmakers must anticipate
cybersecurity flaws and enact laws appropriately.
Validity of Narco-Analysis in India – Crime Detection Technique-Kishan Dutt KalaskarNarco-analysis is a crime detection technique in which a test is conducted upon an accused person read more
Validity of Narco-Analysis in India – Crime Detection Technique
-Kishan Dutt Kalaskar
Narco-analysis is a crime detection
technique in which a test is conducted upon an accused person to reveal the
facts of the case and important proof of the commission of an offence. The test
is generally administered by injecting about 3 grams of chemicals like sodium
pentothal or scopolamine dissolved in 3000 millilitres of distilled water into
the accused person's body. This makes the accused go into a hypnotic state, and
the test is conducted while constantly monitoring his blood pressure and heart
rate. An expert then asks carefully constructed questions to the accused and
records the answers. It is said that the chemical acts as a truth serum that
enables the expert to extract the truth from the subject. In turn, this
information extracted acts as a guiding point in detecting various ingredients
required to prove the commission of an offence. The narco analysis test was introduced
for the first time in India in 1936 but was first used in 2002 in the Godhara
Carnage Case.
As opined by Dr. M.S Rao, Chief
Forensic Scientist for the government of India, these deception detection tests
play a vital role in uncovering and sometimes even preventing terrorist
activities. Considering the rise of India's crime rate, this technology aids in
discovering evidence by the police by soliciting information from even hardened
criminals. These tests act as a good alternative to the traditional methods of
torture employed by the police, which impinge upon the rights of the persons.
Since the subject is put in a subconscious state by the drugs, there is very little
possibility of modifying the truth by the subject, which helps establish or
corroborate the guilt of the accused. Narco-test has proved to be useful in
many cases, such as the Abu Salem case, which uncovered his involvement in many
offences.
Nonetheless, many issues surround the
administration of narco tests. Since a chemical is introduced in the body of
the subject, the excessive dosage could lead to coma or even death of the
person. Another issue is that since the accused's mental and physical state is
severely altered, the reliability of the information received is questionable.
On several instances, it has been alleged that the administration of such
deception deduction techniques violates the right against self-incrimination
guaranteed under Article 20(3) of the Constitution. Article 20(3) provides that
‘no person shall be compelled to be a witness against himself’ and narco-test
impinges upon this fundamental right of the citizens. It is dreaded that even a
small mistake on the part of the person conducting the test can result in
serious danger to the life of the subject.
Administration of narco-test involves
a complex interplay of law and technology where the need for crime detection
and protection of rights of the accused need to be balanced. While
technological and scientific developments are largely welcome in the Indian
criminal justice system, they cannot be allowed to take away any person's
rights.
Court Precedents
In the case of NandiniSatpathyv. P.L.
Dani, the Apex Court held that no person could be allowed to extract
incriminating statements from the accused as the accused has a right to remain
silent during the course of an interrogation.
Similarly, in the case of
SantokbenSharmabhaiJadejav. State of Gujarat, the Court upheld the order for the
administration of Narco Analysis test on the accused SantokbenSharmabhaiJadeja.
It was observed by the Court that in a situation where all possible
alternatives to discover the truth or capture the offenders have been
exhausted, the prosecuting agency has no other remedy than the recourse to scientific
methods of deception detection tests. These tests help overcome any obstacles
or guide the police when the investigation reaches a dead end. On the basis of
such revelation, if the prosecuting agency comes across some clues or records
or a statement that helps or assists in further investigation of the offence,
then there will not be any violation of Article 20(3) of the Constitution of
India.
In the case of Selvi v. State of
Karnataka, it was held by the Supreme Court that involuntary administration of
narco-test is ‘cruel, inhuman and degrading’ in the light of Article 21 of the
Constitution. Any information obtainedthrough involuntary narco-tests cannot be
admitted as evidence in the Court of law. The decision of the Court was based
upon the reasoning that a person has no conscious control over the results of
such tests, and unless a person consents to the procedure, it cannot be held to
be valid. Involuntary administration of narco-analysis test is a violation of
Article 20(3) of the Constitution. No person shall be forced to subject
himself/ herself to such tests as it would amount to an unwarranted invasion
into the personal liberty of such person.
However, the Court laid down various
guidelines to be followed while conducting the tests with the consent of the
accused. According to the Court, a subject must be made well aware of the
consequences, both legal and health, before the test is done upon him, i.e.
informed consent must be obtained. In case the accused desires to subject
himself to these tests, he must be provided access to a lawyer. Physical,
emotional, psychological and legal consequences must be explained to the
subject. Consent of the accused must be recorded before a Magistrate, and it is
the duty of the Magistrate to ensure that such consent is voluntary.
Information revealed in these tests will not amount to a confessional statement
in court proceedings. All tests have to be recorded, and factual narration of
the same must be taken on record.
Conclusion
The efficiency of narco-analysis as a crime
detection has been questioned in several instances. It has been repeatedly
argued that it violates the right against self-incrimination of an accused
subjected to a narco-analysis test. While these tests use drugs meant to put
them in a subconscious state and have little or no control over the outcome.
Nonetheless, it cannot be denied that they assist the police in solving cases.
To balance the interests of the accused and the police, the Court has allowed
the conduction of deception deduction tests after an informed consent taken by
the accused in the presence of a lawyer as well as a medical
professional.
The Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Uday Umesh Lalit and KM Joseph passed a Judgment dated 12-05-2021 in the case of Gautam Navlakha v. National Investigation read more
The Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Uday Umesh Lalit and KM Joseph passed a Judgment dated 12-05-2021 in the case of Gautam Navlakha v. National Investigation Agency {2021 SCC OnLine SC 382} and held that the courts superior to that of the Magistrate can also exercise power under Section 167 Code of Criminal Procedure 1973 (Cr.P.C) (Procedure when investigation cannot be completed in twenty-four hours) to order for remand of the accused.
To read more, please visit the link below:
#supremecourt #magistrate #delhihighcourt #remand #custody
Huge Data Breaches:Personal data of 45 lakh Air India customers worldwide reported to have been leaked. In the morning I got the message from Air IndiaAs per GDPR the companies dealing with the personal read more
Justice Stephen Breyer of the US Supreme Court –“Science in the Courtroom”, “In this age of science, science should expect to find a warm welcome, perhaps a permanent home, in our courtrooms… Our decisions read more
Justice Stephen Breyer of the US Supreme Court –
“Science in the Courtroom”, “In this age of science, science should expect to find a warm welcome, perhaps a permanent home, in our courtrooms… Our decisions should reflect a proper scientific and technical understanding so that the law can respond to the needs of the public.”
In ACLU v. Reno, 521 US 844, one American Court defined “Internet” in the following way:
“The internet is an international network of interconnected computers.”
Press information Bureau under Government of India in one press release* has enlightened us in the following ways:
India is the world’s largest open Internet society and the Government welcomes social media companies to operate in India, do business and also earn profits. However, they will have to be accountable to the Constitution and laws of India.
The statistics of social media users in India is as follows:
• WhatsApp users: 53 Crore
• YouTube users: 44.8 Crore
• Facebook users: 41 Crore
• Instagram users: 21 Crore
• Twitter users: 1.75 Crore
In fact India is standing on the threshold of being crowned as world’s second largest internet population/ netizens.
In the above backdrop today, I shall discuss the following landmark case of Hon’ble Supreme Court of India being Anuradha Bhasin vs Union Of India decided on 10 January, 2020
The Fact of the Case: “Security Advisory issued by the Civil Secretariat, Home Department, Government of Jammu and Kashmir, advising the tourists and the Amarnath Yatris to curtail their stay and make arrangements for their return in the interest of safety and security. Subsequently, educational institutions and offices were ordered to remain shut until further orders. On 04.08.2019, mobile phone networks, internet services, landline connectivity were all discontinued in the valley, with restrictions on movement also being imposed in some areas.
4. On 05.08.2019, Constitutional Order 272 was issued by the President, applying all provisions of the Constitution of India to the State of Jammu and Kashmir, and modifying Article 367 (Interpretation) in its application to the State of Jammu and Kashmir. In light of the prevailing circumstances, on the same day, the District Magistrates, apprehending breach of peace and tranquility, imposed restrictions on movement and public gatherings by virtue of powers vested under Section 144, Cr.P.C. Due to the aforesaid restrictions, the Petitioner in W.P. © №1031 of 2019 claims that the movement of journalists was severely restricted and on 05.08.2019, the Kashmir Times Srinagar Edition could not be distributed. The Petitioner has submitted that since 06.08.2019, she has been unable to publish the Srinagar edition of Kashmir Times pursuant to the aforesaid restrictions.
5. Aggrieved by the same, the Petitioners (Ms. Anuradha Bhasin and Mr. Ghulam Nabi Azad) approached this Court under Article 32 of the Constitution seeking issuance of an appropriate writ for setting aside or quashing any and all order(s), notification(s), direction(s) and/or circular(s) issued by the Respondents under which any/all modes of communication including internet, mobile and fixed line telecommunication services have been shut down or suspended or in any way made inaccessible or unavailable in any locality. Further, the Petitioners sought the issuance of an appropriate writ or direction directing Respondents to immediately restore all modes of communication including mobile, internet and landline services throughout Jammu and Kashmir in order to provide an enabling environment for the media to practice its profession. Moreover, the Petitioner in W.P. © №1031 of 2019 also pleaded to pass any appropriate writ or direction directing the Respondents to take necessary steps for ensuring free and safe movement of reporters and journalists and other media personnel. Lastly, she also pleaded for the framing of guidelines ensuring that the rights and means of media personnel to report and publish news is not unreasonably curtailed.”
Amongst others, One of The Important Issue Was:
Whether the freedom of speech and expression and freedom to practise any profession, or to carry on any occupation, trade or business over the Internet is a part of the fundamental rights under Part III of the Constitution?
Hon’ble Court Observed on the Positive Role of Internet: Some of the important observations of Hon’ble Court on the positive role of internet are as follows:
I. “there is no dispute that democracy entails free flow of information..”
II. “Now, we need to concern ourselves about the freedom of expression over the medium of internet. There is no gainsaying that in today’s world the internet stands as the most utilized and accessible medium for exchange of information.”
III. “Law and technology seldom mix like oil and water.”
IV. “In this light, the importance of internet cannot be underestimated, as from morning to night we are encapsulated within the cyberspace and our most basic activities are enabled by the use of internet.”
Hon’ble Court Observed on the Negative Role of Internet: Some of the important observation of Hon’ble Court on the negative role of internet are as follows:
“36. Modern terrorism heavily relies on the internet. Operations on the internet do not require substantial expenditure and are not traceable easily. The internet is being used to support fallacious proxy wars by raising money, recruiting and spreading propaganda/ideologies. The prevalence of the internet provides an easy inroad to young impressionable minds. In this regard, Gregory S. McNeal,3 Professor of Law and Public Policy, Pepperdine University, states in his article about propaganda and the use of internet in the following manner:
“Terrorist organisations have also begun to employ websites as a form of information warfare. Their websites can disperse inaccurate information that has farreaching consequences. Because internet postings are not regulated sources of news, they can reflect any viewpoint, truthful or not. Thus, readers tend to consider internet items to be fact, and stories can go unchecked for some time.
Furthermore, streaming video and pictures of frightening scenes can support and magnify these news stories. As a result, the internet is a powerful and effective tool for spreading propaganda.”
The Important Verdicts:
• “Therefore, the freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution.”
• “Therefore, the freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6).”
• “We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality.”
• “We are confining ourselves to declaring that the right to freedom of speech and expression under Article 19(1)(a), and the right to carry on any trade or business under 19(1)(g), using the medium of internet is constitutionally protected.”
Hence Indian judiciary whole-heartedly recognise the movement in internet is protected as any other fundamental rights, of course has the restrictions of due process of law like that of movement in the physical world.
(*Press Information Bureau, Government of India : https://pib.gov.in/PressReleseDetailm.aspx?PRID=1700749)
The Hon’ble Bench of the #HighCourt of #Delhi in the case of Air Traffic Controllers Guild (India) v Union of India & Others [W.P.(C) 2946/2020], vide its #Judgment dated 11.05.2021 held that testing read more
The Hon’ble Bench of the #HighCourt of #Delhi in the case of Air Traffic Controllers Guild (India) v Union of India & Others [W.P.(C) 2946/2020], vide its #Judgment dated 11.05.2021 held that testing #aircraft #pilots, #cabincrew and #airtrafficcontrollers for #alcohol cannot be completely exempted as it could be detrimental to #passenger #safety.
To read more, please visit the link below:
https://theindianlawyer.in/delhi-high-court-allows-alcohol-testing-of-aviation-personnel-for-passenger-safety/
#delhihighcourt #exemption #alcoholtesting #airtrafficcontrol #passengers #safety
A two-Judge Bench of the #SupremeCourt comprising of J. L. Nageswara Rao and J. S. Ravindra Bhat, has in a recent case of Lalit Kumar Jain vs Union of India and Others Transferred Case (Civil) No. 245/2020 read more
A two-Judge Bench of the #SupremeCourt comprising of J. L. Nageswara Rao and J. S. Ravindra Bhat, has in a recent case of Lalit Kumar Jain vs Union of India and Others Transferred Case (Civil) No. 245/2020 passed a #Judgment dated 21-05-2021 and upheld the #validity of the Impugned #Notification dated 15-11-2019 issued by the Ministry of Corporate Affairs (#MCA) under the Insolvency and Bankruptcy Code 2016 (#IBC), which brings into force, the provisions pertaining to #personalguarantors of #corporatedebtors.
To read more, please visit the link below:
#supremecourt #insolvencyandbankruptcy #notification #ministryofcorporateaffairs #personalguarantor #loans #bank
Constitutional Supremacy and Parliamentary SovereigntyThe Constitution's Supremacy Clause Article VI, Clause 2 declares that the Constitution, federal laws enacted pursuant to it, and treaties enacted read more
Constitutional
Supremacy and Parliamentary Sovereignty
The
Constitution's Supremacy Clause Article VI, Clause 2 declares that the
Constitution, federal laws enacted pursuant to it, and treaties enacted under
its authority are the "supreme Law of the Land," taking precedence
over any opposing state laws. Parliamentary supremacy in India is governed by
the Indian Constitution, which requires judicial review. In practice, this
means that although the parliament has the authority to amend the constitution,
the changes must be valid within the scope of the constitution.
The
Constitution makers of India adopted the middle course between the American
system of Judicial Supremacy and the British principle of Parliamentary
Sovereignty, by empowering the Judiciary with the power of Judicial Review and
the Parliament with the Sovereign power of amending the Constitution with
certain restrictions.[1]
When
we consider the situation in practice, the reaction is a resounding affirmation
of constitutional supremacy. The Indian Constitution declares itself to be the
supreme law of the land and restricts the power of parliament to pass laws in
Article 49(1).[2]
When it comes to safeguarding people's natural rights, the constitution has
always proven to be a blessing. The Indian Constitution divides the country's
authority into three bodies that are both autonomous and interdependent. This
division of power instills the importance of accountability and keeps each of
these institutions in line.
The legislature, executive, and judiciary are the three organs of the constitution.
The parliament is the name for the legislature. These forces, on the other
hand, never demonstrate that parliamentary sovereignty is any less effective. In
accordance with Article 159 of the Indian Constitution, it has the power to
amend the Constitution's rules. Citizens' rights can be lifted in their
entirety.
However,
these legislative forces have sometimes proven to be undemocratic. When Indira
Gandhi, the former Prime Minister, was found guilty of corruption and the election was declared null and void, she declared a state of emergency in
flagrant defiance of the court. It turns out that the Indian Constitution has a certain fundamental structure that cannot be revised or repealed by the legislature, which is very reassuring. Only in constitutional dominance does
the division of powers take on its full significance, with the judiciary
attempting to enforce the constitution's laws while still ensuring that new
laws enacted by the legislature adhere to the Constitution's basic framework
and do not contradict any of its Articles.
The
Supreme Court of India expressly affirmed constitutional supremacy in the
Minerva Mills case[3],
holding that "government, legislature, executive, and the judiciary are all
bound by the Constitution, and none is above or beyond the Constitution." Any law passed by the parliament is subject to interpretation by the supreme court
in light of the constitution's principles and goals, and if it goes above or
above those, it can be declared null and void. Although the Indian Constitution
does not expressly provide for the division of judicial and parliamentary
supremacy, it is not entirely clear.
The legislature has the authority to amend the constitution and enact legislation;
the judiciary has the responsibility to determine if those laws violate the
constitution's basic structure. After the parliament has completed its task,
the Supreme Court decides on the constitutionality of the law by judicial
review.
As a result, Dicey's view gives Parliament the supreme power to pass legislation
on any subject matter without regard to precedent or authority. Judges' roles
are limited to statute interpretation, and they cannot reapply previous
precedents or statutes. As Dicey correctly said, “No authority on earth can
reverse what the Parliament does.” As a result, Dicey's description ignored the
distinctions between fundamental and ordinary laws. It also implies that
Parliament is sovereign, that no legislation passed by Parliament can be ruled
void because it is unconstitutional, that Parliament has no power to bind
itself or its successor, and that Parliament's powers are unrestricted.
In A.K. Gopalan V State[4]
(Patanjali Shastri) J said- “There can be no doubt that the people of India
have, in the exercise of the sovereign will as expressed in the preamble, adopted
the democratic ideal ….and in delegating to the legislature, executive and
judiciary their respective powers in the Constitution, reserved to themselves
certain fundamental rights, so-called, I apprehend, because they have been
retained by the people and made paramount to the delegated powers” The Indian
Parliament does not have jurisdiction over the Indian Constitution, and India
strikes a balance between judicial and legislative scrutiny. However, the three
foundations of government: the executive, the judiciary, and the legislature
must function together and must not infringe on the rights of others; however,
Parliament retains the right to expand its authority to List I and List III and
also, act on behalf of two or more states as per Article 252.[5]
Furthermore,
constitutional supremacy is a significant factor in the country's improvement.
The creators of our constitution granted constitutional sovereignty to the
citizens of the land, allowing them to live freely and with dignity.
Remedies against frivolous cases registered against students by the Police- Kishan Dutt KalaskarIt is always said that young students are the future read more
Remedies
against frivolous cases registered against students by the Police
-
Kishan Dutt Kalaskar
It is always
said that young students are the future of our country. Recently, there has
been an increase in student activism where students, especially university
going students, have started speaking up against malpractices committed by
those around them. Popular resentment movements have been organized against
measures taken by the government that are oppressive and arbitrary in the
opinion of these students. There are multiple instances of movements by
students against their college administrations as well. For example, many
students organized mass protests and marches against the Jawaharlal Nehru
University's decision to increase the hostel fees.With the rapidly rising
activism, the Police have also simultaneously started taking actions against
these demonstrations. Occurrences of students' arrest are not limited to their
participation in these movements but also include situations where police
officers use their authority to arrest or proceed against students for sitting
in parks with their partners, smoke in public, consume alcohol, breaches of any
curfew or lockdown imposed etc. While some of these actions are genuine and
lawful, others abuse the police's power.
On many
occasions, the Police have registered criminal cases against students, which
hampers these students' careers and growth. They cause hardship to innocent
students by affecting them emotionally and economically. They may be denied
various opportunities on account of a criminal record and may be unable to
build a future of their choice. This article lists out the remedies which can
be availed by such students against false and frivolous FIRs that are
registered by the Police.
How does a criminal
record affect the students?
Criminal
charges against any person can have a serious impact on their lives, especially
in their professional careers, and must not be taken lightly. Many students
wish to pursue higher studies abroad, and having any such criminal record
drastically reduces their chances of getting into good universities. Criminal
convictions negatively reflect upon any opportunities for higher education. As
per the data collected by Criminal Watchdog, about 66.4% of university colleges
require a declaration of an applicant's criminal records. In such cases, the
odds of admission depend upon the gravity of the offence for which the
applicant student has been charged or convicted. Generally speaking, charges of
violent and sexual offences will lead to rejection, while persons accused of
petty offences may be allowed depending upon the circumstances and the desired
course. Since foreign studies are usually very expensive, most students seek
financial aids through scholarships and loans; having a criminal record reduces
the likelihood of obtaining any grants, aids or loans. Furthermore, as students
seek housing facilities in or around campus, many people will be less
interested in giving housing facility to students accused or convicted of a
crime. Difficulties may even arise in the grant of visa application and other
clearance by an immigration authority.
A student's
past criminal record can impact them when they wish to stay within India. For
instance, in the State of West Bengal and ors. v. Nazrul Islam, the
Supreme Court has explicitly held that a person accused of any offence or
against whom criminal charges have been levied is not eligible for appointment
to a government job unless an order of acquittal has been passed. Thus, if any
of the students falsely implicated by the Police wish to be in government
service, they cannot do so unless they have been acquitted by the Court, which
may take years. Some careers require the obtaining of a character fitness
certificate before a person can enter into services. For example, law students
are required to pass the character fitness test before obtaining their
enrollment with the Bar Council. If medical students are charged with a misdemeanour
or any offence related to drugs, they can be prohibited from practicing
medicine altogether. Thus, having any false allegations levied or proved before
a court of law can adversely impact a student's career.
Instances of
students' arrest by Police
In the past
few years, the arrests of many students for participating in protests have come
to light. In January 2020, the Hyderabad police registered a criminal case
against six students of the University of Hyderabad for attempting to take out
a rally. The students alleged that thePolice maltreated them, and a complaint
was filed without any reason against them. Similarly, Commissioner KT
Balakrishnasuomotu registered a case for the offence of sedition against
students in Bangalore on the basis of a video clip of them holding placards
that said 'free Kashmir'. The Delhi police booked some students of the
JamiaMilliaIslamia University, including Umar Khalid, under the Unlawful
Activities (Prevention) Act for allegedly conspiring the communal riots that
took place during demonstrations against the Citizenship Amendment Act.
Police Clearance Certificate
Having
criminal cases registered against oneself can also create a hindrance in
obtaining a police clearance certificate (PCC). PCC is an official clearance
certificate that is issued to a person by the Police. It is mandatory for
immigration purposes, especially when one applies to obtain a visa in a foreign
country. Such a visa is required when a student wishes to either study further
or work in a country other than India. While giving a clearance, the Police
scrutinize the record of the concerned individual, including instances of any
criminal behaviour or allegations. Sometimes, a PCC is also made a requirement
by individual firms or companies seeking to employ a national of a country
other than their own. Thus, when students have, in their past, any association
with criminal groups or instances of unethical behaviour or false criminal
cases lodged against them, they will not be able to pursue a career abroad.
While
the Police has the authority to deny issuing a PCC on the ground of a pending
criminal trial, an aggrieved student can file a writ petition under Article 226
of the Constitution to direct the Police to issue a clearance certificate.
In DrShahul Hameed Aboobacker v. Regional Passport Officer, it
was held that a person could be granted a PCC only in the absence of any
adverse information that renders them ineligible for the grant of travel
facilities. The pendency of a criminal case is not a reason by itself to render
the individual ineligible for grant of travel facilities, and one can obtain
the permission of the Court before which the case is pending and then travel
abroad.
Remedies
against false FIRs lodged by the Police
The police
file fIRs only in cognizable cases, i.e. the cases that do not require an
arrest warrant from the Magistrate. False lodging of cases by the Police can
severely impact a student's life and career and is an outright abuse of power.
It is used as a means to suppress the voices of those who are in an inferior
position. Once a criminal complaint or an FIR is filed, there is less
possibility that the individual will not be proceeded against. Nonetheless, in
such situations, a student can take recourse to the following legal remedies:
1. Quashing of FIR
Under Section
482 of the Code of Criminal Procedure (CrPC), the High Court has an inherent
power to 'pass such orders as are necessary to prevent the abuse of process of
the Court or secure the ends of justice'. Section 482 bestows the High Court with
wide powers, and the Court has been approached on various occasions to quash
frivolous FIRs and complaints filed against persons. The Section does not list
out any well-defined grounds for quashing of FIR, but the Courts have evolved
various considerations to be looked at in such situations. In Prashant
Bharti v. NCT of Delhi, the Court held that in petitions for quashing of
FIRs, the Court must ascertain whether the material presented by the accused
person is sufficient to persuade any reasonable man to believe that the
allegations are false or lack any factual basis. It should also be seen whether
the continuance of a criminal case will serve the ends of justice or misuse the
process of the Court.
In RP
Kapur v. the State of Punjab, it was held by the Apex Court that a criminal
proceeding could be quashed if any of the three situations are satisfied,
namely, there is a legal bar against the endurance of the proceedings, or the
contents of the FIR do not, prima facie, being out a criminal offence or when
there is no evidence of the commission of such offences.
2. A writ
petition under Article 226
A falsely
accused student can also invoke writ jurisdiction of the High Courts for
quashing of false complaints or FIRs. A criminal writ petition can be filed
before the High Court praying for dismissing the criminal charges. In Kapil
Aggarwal v. Sanjay Sharma, the Supreme Court held that if an FIR has been
filed only to harass the accused person or is an abuse of the process of Courts
or it amounts to pressurizing the accused, the High Courts can exercise their
powers under Article 226 of the Constitution or Section 482 of CrPC and quash
the criminal proceedings.
3. Filing a
complaint under the Indian Penal Code
Lodging of a
false FIR or criminal complaint is an offence under the Indian Penal Code
(IPC). Both Sections 182 and 211 of IPC deal with filing a false report, but
Section 182 applies only to private persons for knowingly providing false
information to a public servant, whereasSection 211 can be used to proceed
against any person instituting false criminal proceedings against a person. The
provision lays down that whoever, with a mala fide intention to cause injury to
another institutes any criminal proceedings against them when they know that
there is no legal or factual ground for such proceeding against the other,
shall be punishable with imprisonment for a term which may extend up to seven
years and be liable to pay fine.
Similarly,
under Section 220 of IPC, any person having the legal authority to commit a
person to trial or keep them in confinement, corruptly or maliciously keeps
them in confinement or commits them for trial and acts contrary to law shall be
punishable with imprisonment which may extend up to seven years or fine or with
both.
Conclusion
Filing of
unnecessary and false cases against innocent persons amounts to gross
injustice. It causes them to suffer mentally and constitutes a wasteful
expenditure. If students are arbitrarily booked for exercising their rights or
without any fault, they will be oppressed and denied opportunities to better
their futures. This may result in the blocking of several career paths and may
impose restrictions on their movement. The law provides remedies to students
who are falsely implicated or without any reasonable grounds. It is imperative
that abuse of power by the Police must be checked, and innocent persons must be
protected.

Allahabad, India

Kolkata, India

Allahabad, India

Moradabad, India

Mohali, India

Navi Mumbai, India

Glendale, United States

Muzaffarpur, India
DAYS
HOURS
MINUTES
SECONDS
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S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
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Fulfilment – Fulfilment is categorised under the following heads:
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S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
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Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
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The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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