Law You Need

Let us look into some common cyber-crime scenarios which can attract prosecution as per the penalties and offences prescribed in IT Act 2000 (amended via 2008) Act. A) Harassment via fake public profile on social networking site : A fake profile of a person is created on a social networking site with the correct address, residential information or contact details but he/she is labelled as ‘prostitute’ or a person of ‘loose character’. This leads to harassment of the victim. Provisions Applicable: Sections 66A, 67 of IT Act and Section 509 of the Indian Penal Code. B) Online Hate Community: Online hate community is created inciting a religious group to act or pass objectionable remarks against a country, national figures etc. Provisions Applicable: Section 66A of IT Act and 153A & 153B of the Indian Penal Code. C) Email Account Hacking: If victim’s email account is hacked and obscene emails are sent to people in victim’s address book. Provisions Applicable : Sect...

Question: What is the procedure for filing an application under Section 156(3) of Criminal Procedure Code before the Magistrate to direct the police to conduct investigation in an offence under Section 420 IPC (Cheating case)? Answer: The offence of cheating under Section 420 IPC is a cognizable offence. Therefore, the police has the power to directly register the FIR under Section 154 Cr.P.C. without orders of the magistrate. In view of this, you should first approach the concerned police station with your complaint under Section 420 IPC. However, if the police station refuses to register the FIR, then you may also approach the Superintendent of Police of the district requesting him to direct an investigation under the provisions of Section 154(3) Cr.P.C., as shown below: CODE OF CONDUCT FOR JUDGES “(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance ...

Consent The court was hearing the bail applications filed by a Pune resident accused of having gang-raped one of his colleagues with the help of two of his other friends. The Bombay high court held that “a woman, when intoxicated is incapable of giving a free and conscious consent to a sexual relationship.” The court has held that in such a circumstance, even if the woman consents to a sexual relationship, it will not be considered valid or as an “excuse for committing rape.” The court said in the case of rape, when a woman says “No” to sexual intercourse even once, it must signify she is unwilling. Similarly, when she says “yes, this yes must be free and unambiguous” for the incident to not amount as rape. “Not every ‘Yes’ is covered as valid consent defined under section 375 of the Indian Penal Code. The term ‘without a woman’s consent’ has a wider meaning and covers a broader area of her wish to have sexual intercourse,” said justice Mridula Bhatkar, adding tha...

Exposing corruption in Judiciary is duty of every Citizen of India as per Art. 51(A)h of the Constitution If you want to see the Judgment - (2010) 8 SCC 281 Exposing corruption in Judiciary is Duty of every citizen as per Art. 51 - A (h) of Constitution of India - The association by filing  a Contempt petition committed illegality - the petition is dismissed. For filing a frivolous contempt petition, the petitioner is saddled with cost of Rs.2,00,000/-, of which Rs.1,00,000/- shall be deposited with the Supreme Court Legal Services Committee and Rs.1,00,000/- shall be paid to the respondent- In administration of justice and judges are open to public criticism and public scrutiny. A whistleblower is a person who raises a concern about wrongdoing occurring in an organization or body of people. Usually this person would be from that same organization  Judges have their accountability to the society and their accountability must be judged by their conscience and ...

1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC). 2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553. 3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav. 4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008. 5. Wife guilty of contempt of court, main...

(1) Vishaka & Ors v. State of Rajsthan & Ors, (1997) 6 SCC 241 :- sexual. harassment against women in work places. (2) Vaddeboyina Tulasamma v. Vaddeboyina Shesha Reddi, 1977 SCR (3) 261:- Hindu female's right to maintenance , Sec. 14(1) Hindu Succession Act, 1956 to be liberally construed in favour of female. (3) Mrs. Mary Roy etc.  v. State of Kerala & Ors, AIR 1986 SC 1011 :- Christian women are entitled to have an equal share in their father's property. (4) Md. Ahmed Khan v. Shah Bano Begum, 1985 SCR (3) 844 :- Muslim women maintenance under Sec 125 crpc. (5) Shamim Ara v. State of U.P., 2002(7)SCC 518:- requirements of a  valid talaq. (6) Daniel Latifi v. UOI, 2001 (7) SCC 740 :- liability of muslim husband to his divorced wife. (7) Lata Singh v. State of U.P., 2006(6) SCALE 583:- freedom of women to marry or live with  anyone. (8) D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469 :- (9) Roxann Sharma v. Arun Sharma, Civi...