Advocate (Dr.) Prashant Mali's Blog

The Supreme Court of India in Tomaso Bruno & Anr. Vs. State of U.P. dated 20-01-2015 viewed that "omission to produce CCTV footage which is the best evidence, raises serious doubts about the prosecution case." A full bench of Justices Anil R. Dave, Kurian Joseph and R. Banumathi held that "to invoke Section 106 of the Evidence Act, the main point to be established by the prosecution is that the accused persons were present in the hotel room at the relevant time. Hotel Manager stated that CCTV cameras are installed in the boundaries, near the reception, in the kitchen, in the restaurant and all three floors. Since CCTV cameras were installed in the prominent places, CCTV footage would have been best evidence to prove whether the accused remained inside the room and whether or not they have gone out. CCTV footage is a strong piece of evidence which would have indicated whether the accused remained inside the hotel and whether they were responsible for the comm...

When A Police Station do not File your FIR in any Cyber Crime Matter what to do ?  Step 1. Write down the complaint and submit it in the ACP/DCP /SP office and take acknowledgement copy or send the complaint via post.Wait for 10-15 days. Step 2, If action is not taken yet then send the complaint to Commissioner /IG of Police in the same above manner. Procedure is mentioned under 154(3) of Cr.P.C. Step 3. You can directly approach to the " CONCERNED" Magistrate of that Police Station with your Written "COMPLAINT".as per section 200 of the Cr.P.C. The Procedure is very simple: (i) First you prepare your "PRIVATE COMPLAINT" as per the format for the alleged offences, attach all the documents along with your complaint separately as "LIST OF DOCUMENTS/EXHIBITS", and mention names of the witnesses to the alleged offences in your complaint in  "LIST OF WITNESSES/EXHIBITS", then approaching to the "CONCERNED" Magistrate wh...

Communication with Cyber Terrorist Direct messaging techniques use “counter narratives” to directly undermine and refute cyber terrorist  messages, denigrate messengers, or disturb those within violent extremists’ ranks. Such techniques include refutation, denigration, condemnation, and agitation. These can be effective when targeting mobilized audiences by creating confusion, distraction, or paranoia among extremists, as well as preventing the further spread of extremist narratives by embroiling extremist communicators in defensive argumentation. They can also prevent the ceding of ground to extremists by offering a competing response and by reducing the incentive to spread extremist ideas by making them appear less defensible or appealing. There are risks to such messages, however, which include the possibility of inadvertently bringing attention to extremist narratives, and forcing cyber terrorist communicators to engage on the latter’s terms. Actually changi...

The Taxation of E-Commerce will depend on the business model adopted by the Company.Let me try to explain 2 types of E-Commerce transition and taxation for the same. 1.     Business to Customer  In this type of business model, the E-Commerce Company sells goods directly to customer. In this case Sales Tax is charged on sale of goods.  How goods taxed and what is Sales Tax? Sales tax is a tax which is levied on sale of goods, constitution of India empowers state to levy tax on sale or purchase of goods. Type of Sales a)      Interstate Sale  When sale or purchase is made from one state to another it is governed by Central Sales Tax Act 1956, the rate applicable for particular goods will be taxed according. (i.e 1%, 2%, 4%, 12.5%)   Note: Industrial inputs are taxed at moderate rate & Luxury goods are usually taxed at higher percent    b)     Intrastate Sale If buyer and seller are situated in the same st...

Electronic Evidence/Digital Evidence & Cyber Law with case laws in India                                             By Adv. Prashant Mali [MSc.(Computer Science),LLB, LLM], Cyber Law & Cyber Security Expert. Email : prashant.mali@cyberlawconsulting.com The proliferation of computers and the influence of information technology on society as whole, coupled with the ability to store and amass information in digital form have all necessitated amendments in Indian law, to incorporate the provisions on the appreciation of digital evidence. The Information Technology Act, 2000 and its amendment is based on the United Nations Commission on International Trade Law (UNCITRAL) model Law on Electronic Commerce. The Information Technology (IT) Act 2000, was amended to allow for the admissibility of digital evidence. An amendment to the Indian Evidence Act 1872, the Indian Penal ...

Mobile Phone SIM Swap or SIM Exchange fraud and how to protect your selves?  By Prashant Mali I have clients who have lost Rs. 1,25 Crores to Rs. 30,000/- in SIM Exchange/Swap fraud and mind it no one was computer illiterate. As the name suggests, someone may buy a new SIM from the same network provider and start to operate all your banking transactions. The bank will not differentiate between you and the fraudster. Because the account is operating from the same number. Even mobile operator are also unable to track such frauds and sometimes abet the crime by faulty KYC Checking. Let us see each step one by one. 1) Fraudsters gather your information -The first step they do is to gather your personal information. Usually, they try to access your personal information by way of phishing, Vishing, Smishing or any through the Trojans / Malware. They try to gather your banking details. 2) Fraudsters visit mobile operator to block your SIM -They approach mobil...