Advocate (Dr.) Prashant Mali's Blog

Cybercrime : HOW TO SERVE SUMMONS, PROCESS, WARRANT TO PARTY RESIDING ABROAD- Comprehensive guidelines referred to in Letter No. 55019/17/2017-Legal Cell, dated ______ of Internal security Division, Ministry of Home Affairs regarding service of summons/notices/judicial process on persons residing abroad. -- 1. Section 105 of Criminal Procedure Code (CrPC) speaks of reciprocal arrangements to be made by Central Government with the Foreign Governments with regard to the service of summons / warrants / judicial processes. The Ministry of Home Affairs has entered into Mutual Legal Assistance treaty/Agreements with 22 countries which provide for serving of documents. These countries are Switzerland, Turkey, United Kingdom, Canada, Kazakhastan, United Arab Emirates, Russia, Uzbekistan, Tajikistan, Ukraine, Mongolia, Thailand, France, Bahrain, South Korea, United States of America, Singapore, South Africa, Mauritius, Belarus, Spain and Kuwait. In other cases the ministry makes a...

Cyber Security Questions for Board of Directors. Although Board of directors have added cybersecurity risk to their agendas, there is no standard way for boards to think about cybersecurity, much less time-tested guidelines to help them navigate the issue. For boards, cybersecurity is an issue of enterprise risk. As with all enterprise risks, the key focus is mitigation, not prevention. This universally understood enterprise risk guideline is especially helpful in the context of cybersecurity because  no one can prevent all cyber breaches . Every company is a target, and a sufficiently motivated and well-resourced adversary can and will get into a company’s network. Consequently, terms like “cyber defense” are insufficient descriptors of an effective posture because they evoke the image that corporations can establish an invincible perimeter around their networks to prevent access by bad actors. Today, it’s more accurate to think of the board-level cybersecurity review...