Advocate (Dr.) Prashant Mali's Blog

3 Nigerian are convicted for 3 years with ₹ 5 Lakhs fine in Matrimony fraud in chatursingi police station from Pune, Maharashtra  The Case Facts: One lady from Pune had opened a profile for marriage on www.bharatmaitrimony.com site. Dr Rajesh Kumar from the U.K accepted her profile, they both share their details and started chatting on Facebook, WhatsApp, and email in Aug 2015. After one month of chatting Dr. Rajesh told the lady that he has received a secret fund of ₹1.5cr and he can't keep that amount with him, so he wishes to send it to her. And as a pretext of receiving that courier, she was compelled to deposit amount of ₹38.22 Lakhs in 16 different bank accounts of 6 different banks and as per the facts, an FIR was registered at Chatursingi Police Station in Pune. After technical analysis and chase for 15days at Delhi police from Cyber Cell Pune, nabbed the accused Nigerian citizens. 1) Ogeuri Emmanual Chinaso  2) Osaramense Smart  3) Tope Oluwoly...

Memory card is a Document and Pen drive is a document  Gopalkrishnan @ Dileep v. State of Kerala, Crl.A. No. 1794 of 2019 SC  November 29, 2019 Held:-   The contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial. However, in cases involving issues such as of privacy of the complainant/witness or his/her identity, the Court may be justified in providing only inspection thereof to the accused and his/her lawyer or expert for presenting effective defence during the trial. The court may issue suitable directions to balance the interests of both sides. [Para 44] The Indian Evidence Act, 1872 – Section 3 – The Indian Penal Code, 1860 – Section 29 – The Information and Technology Act, 2000 – Section 2(1)(t) – Whether the contents of a memory card / pen drive bei...

1st November 2019 the legal seed of Balkanisation of Internet is sowed, a controversial new law took effect in Russia: The so-called "sovereign internet" law, which mandates the creation of an independent internet for Russia, thus creating an island in the cyber space. Is it for availability of Internet during the times of cyber threats or is it for exerting sovereignty at the cost of censoring the Internet remains to be seen.  . It was hardly a surprise when the Iranian government  also had  announced  in May that it has installed a cyberdefense shield and wants to construct “halal Internet”. This germ is in the heads of  France and Canada too and China has the infamous great firewall doing its fencing already. Moscow has just given itself the power to erect a digital or cyber fence  around its internal network. How effective is the fence and isolation only time will tell us, but the point is made and it is made legally now. President Putin signed into law...