Advocate (Dr.) Prashant Mali's Blog

Cross-Examination in cyber crime matters Cross-examination almost always ventures into dangerous territory. The reason for this is that the witness is usually adverse or hostile to your client’s position. Therefore, the cyber lawyer must control the witness and, more particularly, the witness’ testimony. This can be accomplished by following certain guidelines during the cross-examination. 1. Do not ask a question unless you are reasonably certain that you already know the answer. (Some would say do not ask the question unless you are certain you know the answer). Cross-examination is not the time to discover new facts. It is not the time to be curious. Remember, curiosity killed the cat. It may likewise kill your case. 2. Treat the witness fairly. You should not be hostile, especially if you want to gain concessions from the witness, including that he/she may have been mistaken in his/her testimony on direct examination. 3. Use leading questions. A leading question suggests the answer...

STAGES OF CYBER CRIME TRIAL in COURT 1. Registration of FIR under The IT Act,2000 or IPC 2. Commencement of investigation and collection of evidence and Electronic/Digital evidence by investigating agency. During this time, at any stage decided by investigating agency, accused persons can be arrested 3. Production of accused before Magistrate (within 24 hours) Remanded to police custody for further investigation; or Remanded to judicial custody. Note:- Remand does not mean that the police can misbehave or beat the person. Remand means interrogation by the police. 4. Bail hearing before appropriate court – Arguments of the defence is denied by the public prosecutor. 5. After investigation is completed: If investigating agency feels a prima facie case is made out, chargesheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court. Which could be C-Final which effectively closes the case without trial. 6. Decisi...

How Cyber Parents should Behave with there Real Children? Why children today are so bored , cannot concentrate on studies, cannot wait, get easily frustrated and have no REAL friends Children are getting worse in  many aspects.   We  have seen and continue to see a decline in children’s social, emotional, academic functioning, as well as a sharp increase in learning disabilities, depression and aggression. Today’s children come to school emotionally unavailable for learning and many factors in our modern lifestyle contribute to this. 1. *Technology* “Free babysitting service"  Compared to virtual reality, everyday life is boring. When kids come to the classroom, they are exposed to human voices and inadequate visual stimulation as opposed to being bombarded with graphic explosions and special effects that they are used to seeing on the screens. After hours of virtual reality, they are  unable to process lower levels of stimulation. Technology also hinders parent...