Advocate (Dr.) Prashant Mali's Blog

Cyber Law : Case Law for 1.IT Act, 2000 is a Special Act. 2. Section 292 of IPC is not applicable in Internet based Obscinity only Section 67 of The IT Act is Applicable. Offence relating to sale of obscene material – Having a nexus or connection with electronic form of transmission covered by IT Act which is a special  law  – Special  law  shall prevail over general and prior  laws  – When the Act in various provisions deals with obscenity in electronic form, it covers the offence u/S.292 IPC – Hence, accused discharged u/S.67 of IT Act cannot be proceeded u/S.292....  2017 ALL SCR (Cri) 59 The Supreme Court recently in  Sharat Babu Digumarti v. Govt. of NCT of Delhi –  2016 SCC OnLine SC 1464,  has ruled that in a case if no charge has been made out under Section 67 of IT Act (dealing with obscenity in E-form), then the accused cannot be prosecuted against under Section 292 IPC. The decision came in perhaps one of the first cases of Cyber Obscenity that hit India – The Bazee.com case

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 parents' emotional av

What is SEXTORTION? A form of sexual exploitation that employs non-physical forms of coercion by threatening to release sexual images or information to extort monetary or sexual favors from the victim. Modus Operandi 1) The scammers persuade the dater to send sexually explicit photos. Once they get the photos, the scammers identify themselves as law enforcement, telling the dater they sent the pictures to a minor. They then tell the person to pay up in order to avoid arrest. The scammers are not only identifying themselves as law enforcement, they are also using actual names of officers. “These people are being contacted by Detective Don Peterson and it isn’t me,” Peterson told the paper. More than 100 people have paid between $500 to $1,500 to try to avoid arrest. 2) The groups is to create online accounts of females and post pictures of attractive ladies to draw clients. They would then post pornographic images and entice their victims to have video chats with them, usually

I am involved in coaching the Police officers from all Districts in the State of Maharashtra under the Maharashtra Cyber Project. I have trained them in Cyber crimes with applicable Cyber Laws and intricacies of Electronic Evidence. hese police officers would be placed at 30 different cyber crime cells at each district level in the state of Maharashtra. This is my contribution to make Maharashtra Cyber Safe, and get more convictions in cyber crime matters . #cybercrime #evidence #law #courts # cyberlaw #cybersecurity #cybersafe #maharashtra #prashantmali

IoT Malware Types Revealed  The Internet of Things (IoT) is creating a new environment where malware can be used to create powerful botnets.  Recently, IoT devices have been used to create large-scale botnets—networks of devices infected with self-propagating malware—that can execute crippling distributed denial-of-service (DDoS) attacks. IoT devices are particularly susceptible to malware, so protecting these devices and connected hardware is critical to protect systems and networks. Linux.Darlloz The Linux.Darlloz was discovered in late 2013. The worm exploited an old PHP vulnerability (CVE-2012-1823) to access a system, it escalated privileges through default and common credential lists, it propagated through the network, and it established a backdoor on the system. While the original malware only infected computers running Intel x86 chip architectures, other versions were designed to target ARM, PPC, MIPS and MIPSEL chip architectures commonly used in IoT devices