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  Seizure

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 being electronic

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, new rules that wo

In theory,  An  ultrasonic fingerprint sensor  works by bouncing a sonic pulse wave off of your fingertip to create a three-dimensional image. It's much more secure than optical in-display  sensors  and will work even if your fingers are greasy, dirty, or wet. A Galaxy S10 user recently got a Rs.100/-  ‘gel screen protector’ off eCommerce site.  However, he realized that after using the protector, any fingerprint could unlock the phone.  According to Samsung, the case is under investigation. Nevertheless, the company considers this issue to be related to the cost of the screen protector  Rs. 100/-  .  Samsung earlier had warned Galaxy S10 owners against unofficial screen protectors. Galaxy S10  series which comes with an  ultrasonic fingerprint sensor . While this fingerprint reader is top-notch, it does not work well with a tempered glass screen protectors. Many users can not use a smartphone without a screen protector, so what’s the solution? Accessory makers use a liquid adhesiv

SIM Swap Fraud Remedy via Consumer Courts By Prashant Mali Case No. 1 : Positive order BSNL Bengaluru and the Union Bank of India have been ordered to pay Rs 9.6 lakh to a businessman after fraudsters siphoned off money from his bank account in what was described as a sim swap fraud. The national telecom provider was pulled up for issuing a duplicate sim to fraudsters without adhering to Know Your Customer (KYC) norms and the bank for not alerting the customer on time. Nagarathpet resident Ramesh Kumar has been using a mobile phone with a BSNL sim card for many years and had linked it to his account at Union Bank of India’s BVK Iyengar Road branch. On September 22, 2015, Kumar checked his email to find that an unknown beneficiary had been added to his online bank account. By the time he could alert bank authorities about the breach, the fraudsters managed to transfer Rs 9,62,700 from his account. The sim card on his cellphone that was supposed to receive a one-time password (OTP

SIM Swap or SIM Exchange Fraud Solution which India should Adapt By Prashant Mali Being a long-time crusader of SIM swap fraud victims in India and winning many cases in favour of victims, I thought of penning this advice.  Sim Exchange fraud or Sim Hijacking fraud (also known as Port-Out scam or SIM splitting) is a type of account takeover fraud that generally targets a weakness in two-factor authentication & two-step verification, where the second factor or step is an SMS or a call placed to a mobile telephone. In 2018, over 80% of adults were expected to have a bank account, over 1.18 billion people own a mobile phone in India How SIM Swap Fraud works? Fraudsters obtain banking account details and your registered mobile number through phishing or through Trojans/Malware or through a leaked database. Under the pretext of losing the mobile handset, new handset or damaged SIM card, fraudster approaches mobile service provider using a forged authority letter and

A banking malware named  ATMDTrack   has been active in India since late last summer,  in a  kaspersky report . Allegedly State sponsored Hackers from North Korean government have developed a new strain of malware that has been used to record and steal data from cards inserted into ATM machines in India. Further analysis of the malware by the Moscow-based cybersecurity firm found the samples to be part of a bigger remote access trojan (RAT) called DTrack. Calling it a spy tool to attack financial institutions and research centers in India, the experts said the malware strains shared “similarities with the DarkSeoul campaign, dating back to 2013 and attributed to the Lazarus group.” The DTrack RAT was detected as recently as this month, the researchers noted. Collecting key logs and browser histories The threat actors behind DTrack obfuscated their malicious code in an innocuous executable file that was protected behind encryption barriers in a dropper used to install the malware. Aside