Landmark 6 cases won by Advocate Prashant Mali of Online Banking Fraud and Credit card frauds

-

Comments

Post a Comment

Popular posts from this blog

What to do when police does not take your FIR?

-
Image
What to do when FIR is not taken by the Police ? A First Information Report is the first legal document that initiates criminal proceedings. The first information received about the commission of a cognizable offense has to be noted down by a Police Officer. It is called as  First Information Report under Section 154 of CRPC. Cognizable and Non-Cognizable Offences: Cognizable offences  are offences where the police can arrest the accused without any warrant. In such offences, the police can Suo-moto take cognizance of the offence and it does not require any sanction from the court in order to begin the investigation. On the other hand,  Non-Cognizable  offences are those in which police cannot make an arrest without taking prior assent from the court. Schedule I of the Criminal Procedure Code clearly distinguishes which offenses are cognizable and which are not. According to section 154(1) of the Criminal Procedural Code,  an FIR can be filed only in cognizable offenses.  Schedule 1 of
Read more

Consumer Dispute resolution under the Telecom Act 2023

-
Image
The Telecommunications Act of 2023 has strengthened the dispute resolution framework by introducing an online grievance redressal system. The aim is to expedite the resolution of conflicts between telecommunications companies and consumers while ensuring transparency in the redressal process. Following an inquiry, a telecom company found violating license or service terms may incur severe penalties, spectrum holdings cancellation, service restrictions, or even be prohibited from providing telecom services, depending on the seriousness of the breach.  How does the online grievance redressal system operate, and who plays key roles?   An Adjudicating Officer (AO), appointed by the Centre and not below the rank of joint secretary, will conduct inquiries to resolve disputes between telecom service providers and consumers. Additionally, a separate Designated Appeals Committee (DAC) will be formed, consisting of officers at the rank of additional secretaries. Individuals dissatisfied with an
Read more

When can Police Arrest you in Cyber crime: Explanation with Case Laws

-
Image
Arrest by Police in cyber crime cases By Adv (Dr.) Prashant Mali Cyber crime is a reality but personal liberty is a fundamental human right and a cornerstone of the social structure.  Arrest brings humiliation, curtails freedom and cast scars forever. Its deprivation is a matter of grave concern.  The law of arrest is one of balancing individual rights, liberties and privileges,on the one hand, and individual duties, obligations and responsibilities on the other. The police officer can , without an order/warrant from a Magistrate, arrest a person in respect of a cognizable offence punishable with imprisonment exceeding 7 years without mentioning any ' special reasons '. The problem arises when it comes to arrest of a person who is accused of an offence which is punishable up to 7 years. The Hon’ble Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 held; Our endeavour in this judgment is to ensure that the police officers do not arrest the accused unnecessarily and
Read more