Advocate (Dr.) Prashant Mali's Blog

Strategic Cybersecurity Thinking The ability to come up with effective plans in line with an organization's objectives within a particular cybersecurity situation. Strategic thinking helps cybersecurity managers review policy issues, perform long term planning, set goals and determine priorities, and identify potential risks and opportunities. Clearly, there needs to be a clear strategy as to what needs  to be done with respect to security. Such a strategy should determine the policies and  procedures. However in practice rarely a strategy for security is created. Most emphasis  is placed on policies, implementation of which is generally relegated to the lowest levels.  Rather it is assumed that most people will follow the policy that is created.  A strategic cybersecurity programme does not begin with tools and tactics, but with an articulation of one or more programme goals. Sun Tzu once said in The Art of War: “If you know the enemy and know yourself, yo...

Certificate Under Section 65B(4) Evidence Act Is Compulsory for Admissibility of Electronic Evidence: Three Judge Bench of SC - 14 July 2020 Case Law :   Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal,  2020 SCC OnLine SC 571   , decided on 14.07.2020 The Indian Supreme Court has held in the above case that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of an electronic record. The bench headed by Justice RF Nariman further held that, in a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions aforementioned of the Evidence Act, CPC or CrPC. The bench has also clarified that the required certificate under Section 65B(4) is unnecessary if the o...

Judgement Dowload link A  Judicial Magistrate  in Puri today sentenced a man to six years of imprisonment in a cyber pornography (A revenge Porn) case, stated to be the first such case. Puri Sub-Divisional Judicial Magistrate Shibasis Giri also slapped a Rs-9,000 fine on the convict, Jayanta Kumar Das an alleged RTI activist, A fake profile was created by the accused in the name of the victim woman from Puri Township in a pornographic site, who then had uploaded the woman’s name, address, photo and phone number on a pornographic website in 2012 to take revenge against her husband. After her personal info was posed on the site, the victim started receiving calls from numerous persons enquiring about her interest in paid sex and wife swapping. The husband of the woman, a local journalist, had written about several cases involving the convict. The crime branch had arrested Das on September 18, 2012, following a complaint filed by the victim in July.He was...

Section 66(D) Cyber Crime - THE MYSTERY BEHIND HOAX MAIL SOLVED –ONE HELD                          On 20-04-2017, the sleuths of Commissioner’s Task Force, West Zone team with the assistance of S.R Nagar police, on credible information made sustained efforts and solved the mystery behind hoax mail which was generated from Hyderabad.   Details of apprehended Accused :- Motaparthi Vamshi Krishna @ vamshi chowdary S/o. M.A.sV. Prasad, age. 32 yrs, Occ. Transport agent  R/o. Flat no.G-1, TP Sanjana  Amrutha Residency, Miyapur, R.R.Dist, N/o.  Dendullur (village & Mandal), West Godavari Dist, A.P.  Brief facts On 15-04-2017 at 1647 hours commissioner of police,Mumbai received a mail from a mail ID ununn0801@gmail.com  claimed to be woman in the email and stated that she overheard six men chating in a hotel and stating that all 23 people have to split from here and board flights in...

Is Credit or Debit Card  PIN a Electronic Signature as per the Law ? For Lawyers across the world, click and wrap agreement i.e. the act of ticking an icon in the shape of a box to accept the terms of a contract can hardly count as a form of signature. In the physical world, that must be right. Similarly, it might be questioned that a personal identity number (PIN) can also be considered to be an electronic signature. Arguably, the PIN combines two functions. Before considering the two functions, consider the requirements of the bank. The bank needs to satisfy itself that: 1. The card is legitimate (this is difficult to achieve, as the reports about fraud demonstrate), and 2. The card is in the possession of the customer to whom it was issued, or a person authorised by the customer to use the card. If the bank satisfies itself that its computer systems are interacting with the card issued to the customer (which is not always the case), then the computer system...

Navy man gets 2 years Jail for Child Pornography, cyber crime in India : Cyber crime conviction By Prashant Mali In the case of Dilip Kumar Vs State of Telangana  the accused (who is working in Navy then) is convicted for two years rigorous imprisonment and Rs 15,000 fine. The story: Accused has same Family name "Sinha" as the Victim  from  Hyderabad. Accused, a Navy Personnel belong to State of Bihar and was posted on INS Shikra,  Mumbai. Accused had sent a facebook request to this victim minor girl, who also happens to be a child of high ranking defence personnel . The victim after finding the same surname was obliged to accept the facebook friend request. Accused then proposes the victim minor girl for a online relationship, to which she refuses. Accuses starts enticing and harassing the victim by sending her obscene, vulgar, abusing and insulting chat messages. Victim then confides this to her parent, who also tries to persuade the accused not to...