Advocate (Dr.) Prashant Mali's Blog

What’s a Fraud according to Law in India Landmark Judgment of supreme court on Fraud By "fraud" is meant an intention to deceive; whether it is from any expectation of advantage to the party himself or from ill will towards the other is immaterial. The expression "fraud" involves two elements, deceit and injury to the person deceived. Injury is something other than economic loss, that is, deprivation of property, whether movable or immovable or of money and it will include any harm whatever caused to any person in body, mind, reputation or such others. In short, it is a non-economic or non-pecuniary loss. A benefit or advantage to the deceiver, will almost always cause loss or detriment to the deceived. Even in those rare cases where there is a benefit or advantage to the deceiver, but no corresponding loss to the deceived, the second condition is satisfied.  A "fraud" is an act of deliberate deception with the design of securing something by tak...

New Age Cyber Crimes : 2016 New trends in cybercrime are emerging all the time, with estimated costs to the global economy running to billions of dollars. In the past, cybercrime was committed mainly by individuals or small groups. Today, we are seeing highly complex cybercriminal networks bring together individuals from across the globe in real time to commit crimes on an unprecedented scale. Criminal organizations turning increasingly to the Internet to facilitate their activities and maximize their profit in the shortest time. The crimes themselves are not necessarily new – such as theft, fraud, illegal gambling, sale of fake medicines – but they are evolving in line with the opportunities presented online and therefore becoming more widespread and damaging . Identity theft Identity theft and fraud is one of the most common types of cybercrime. The term Identity Theft is used, when a person purports to be some other person, with a view to crea...