Advocate (Dr.) Prashant Mali's Blog

CCTV Footage- Primary Evidence-  CCTV footage directly & immediately stored in hard drive of computer is original media, self generated & created without human intervention- Not secondary evidence & does not require certification u/s 65B of Evidence Act. Kishan Tripathi v. State, Crl.A.108/13, 12.2.16 DHC -—-–—–-—––—-–— : Procedure to be followed by Magistrate when CCTV footage and video recordings is produced by police at the time of filing of chargesheet?            During the hearing of the case, we noticed that the trial Court had not played the DVR (MO-2) and seen the CCTV footages in the presence of the accused. In this regard we propose to dispel misgivings, if any, in the mind of trial Judges about their power to view such evidences. There will be instances where, by the time the case comes up for trial in one court, the electronic record would have had a natural death for want of proper storage facilities in the Court property room...

A new Android trojan has the ability to intercept text messages and bypass the SMS-based two-factor authentication system protecting customers' bank accounts. The trojan, detected as   "Android/Spy.Agent.SI"   is currently targeting customers of large banks via their mobile apps. The malware tricks users into downloading it onto their devices by masquerading as Adobe Flash Player. Upon installation, it requests that the user grant the malicious app administrator rights, before seemingly disappearing from view. Rest assured, however, that while the Flash Player icon might no longer be visible, the trojan is just getting started.At this point, Android/Spy.Agent.SI contacts a remote server hosting malicious APK files whose corresponding URL paths are regenerated hourly in a bid to avoid detection by anti-virus software. The trojan uses this connection to send information about the infected device, along with the package names of installed applications, to its opera...

STAGES IN a Cyber CIVIL Case / Suit in India- (Plaintiff Means whoever files the case ) By Advocate Prashant Mali(@CyberMahaGuru) 1. Plaintiff has to file the plaint complying the provisions in all respect as contemplated under Order 4 r/w Order 6 and 7 of the code. 2. Plaintiff  has to issue summons within 30 days from the institution of suit. 3. After the service of summons defendant has to file his written statement within 30 days from the receipt of summons as per Order 8 R 1 of the code 4. No further time exceeding 90 days after date of service of summons be extended for filing written statement as per proviso to Order 8 R 1 of the code. 5. Within 10 days from the filing of written statement court has to examine the parties so as to explore the possibilities of compromise in between the parties and to refer the matter of settlement under section 89 of the code. 6. If parties fail to compromise the matter then court has to keep the matter f...

Can a Complainant or Victim fight his own cyber crime case in Magistrates Court or appoint his own lawyer? Note: Normally when one files a police FIR, the case is represented free of cost by the STATE in the courts i.e By Public Prosecutor. Yes !!! He can by himself or through his Expert Legal Counsel or a Lawyer. But he has to file a written application making out a case, so that the magistrate can exercise the jurisdiction as vested in him and form the requisite opinion. A plain reading of Section 301 reveals that though oral submissions before the court cannot be independent of the Prosecutor, a pleader instructed by a private person can definitely file written submissions before the court independent of the Public Prosecutor, if the court so permits. That apart, Sections 301 and 302 cover two different situations. Section 301 envisages a situation where the Public Prosecutor is in charge of a case and a private person instructs his pleader to intervene. In such ca...