Advocate (Dr.) Prashant Mali's Blog

RBI 2020 new  Credit card Debit Cars rules: What cardholders must know To avoid card frauds U should know the following- All debits and credit cards, including those which are reissued, can only be used for domestic transactions at ATMs and point of sale (PoS) terminals at the time of issuance / reissuance of the card. "At the time of issue/re-issue, all cards (physical and virtual) shall be enabled for use only at contact-based points of usage within India," RBI said. Banks can deactivate current cards and reissue them based on risk perception. RBI has asked all banks and other card-issuing companies to disable online payment services of all debit and credit cards that have never been used for online/contactless transactions. RBI told banks and card issuers: “Existing cards which have never been used for online (card not present) /international/contactless transactions shall be mandatorily disabled for this purpose.” All those Debit Card and Credit Card which are never...

IT Act is a Special Act: case laws By Advocate (Dr.) Prashant Mali Sharat Babu Digumarti   Vs . Govt. of NCT of Delhi.  MANU /SC/1592/2016.  Gagan Harsh Sharma and Ors. Vs. The State of Maharashtra and Ors. MANU/MH/3012/2018. Ajay Murlidhar Batheja Vs. The State Of Maharashtra and Ors. MANU/MH/  /2018. Special Law:   A law that applies to a place or especially to a particular member or members of a class of persons or things in the same situation but not to the entire class and that is unconstitutional if the classification made is arbitrary or without a reasonable or legitimate justification or basis 1. The Indian Parliament enacted in the Fifty-First Year of the Republic of India, an act called the Information Technology Act, 2000. This act is based on the resolution A/RES/51/162 adopted by the General Assembly of the United Nations on the 30 TH January 1997 regarding the model law on the electronic commerce earlier adopted ...

Child porn in Mobile: Beware ? As a part of the police crackdown against those who had viewed, downloaded, stored or shared child sexual abuse content (child pornography) online. Sumit Kumar Kalra  a 49-year-old man was arrested at Chennai Airport on Saturday night for downloading child sexual abuse material and sharing . Arrested accused is a computer science graduate and owns a shop that sells gym equipment on Montieth Road, Egmore. On Saturday night, as he landed in Chennai from Delhi, the police of the Crime against Women and Children wing nabbed him. The police had received information about the crime from the Us based  National Centre for Missing and Exploited Children , which has the technology to monitor child pornography material shared online. India reported a maximum number of online child sexual abuse cases,  followed by Thailand, which shows the data by US-based National Centre for Missing and Exploited Children (NCMEC).   India acc...

Remedies against Police  Powers of the police in India are laid down in the Chapter XI from Sec. 149 to 153 of Code of Criminal Procedure, 1973 (CRPC).   Police officials are also given powers u/s 41, 42 and 151 of CrPC, 1973, to make arrest without a warrant taking into consideration the circumstances. Sometimes they either exceed there power or abuse the same causing injustice to citizens. Usually, the FIR should be registered in the police station within where the crime took place. But there are situations where police refuse to file FIR. According to new amendment in the law, if police refuse to file FIR there will be two-year imprisonment as punishment. A police officer who comes to know about a cognizable offence can file an FIR himself/herself. It is possible to send a complaint in writing and by post to the Superintendent of Police. If the SP is satisfied with your complaint then he/she shall either investigate the case himself/herself or order an investigat...

Meera road call centre scam accused, Hitesh Patel has pleaded guilty for his role in operating and funding a network of India-based call centers through which local callers and US conspirators scammed US victims out of millions from 2013 to 2016, the Department of Justice reported this week. Patel was  extradited  to the United States from Singapore in April 2019 to face charges for this crime. The indictment, unsealed in October 2016, charged Patel and 60 other individuals and entities with general conspiracy, wire fraud conspiracy, and money laundering conspiracy. According to admissions made in his plea, Patel and co-conspirators developed a scheme in which employees of call centers in Ahmedabad, India, impersonated officials from the IRS and US Citizenship and Immigration Services (USCIS). They threatened to arrest, imprison, fine, or deport victims if they didn't pay alleged fees owed to the government. Victims who fell for the scam were told how to pay, usually via gener...

Google to face Criminal Defamation in a case filed by Vishaka Industries : Google India Private Ltd v Visakha Industries and another.  Criminal Appeal No. 1987 of 2014 Judgment date : 10.12.2019   ‪Indian Supreme Court said No Protection For Intermediary Under Sec 79 of the IT Act, 2000 From Criminal Defamation Before 2009 Amendment which was as a result of Shreya Singhal Case . Visakha Industries filed the complaint after the company said it issued legal notices asking Google India to take down the write-up. Google then moved the Andhra High Court for quashing the proceedings, but did not get any relief. Visakha Industries a public limited company, claimed that it manufactured asbestos cement sheets in all its plants in an environment-friendly manner, but was still targeted by the coordinator of the Ban Asbestos India group. The coordinator wrote a piece against the company, which it claimed injured its reputation.  Google had made it easier than ever before to dissemina...

OTP SMS Bombing : A new type of revenge cyber crime technique  by people who just get sadist pleasure. Victim‘s Mobile Phone will start getting hundred/thousands of SMS in his message box from different SMS gateways like Flipkart, Ola, Uber, Zomato, Goibibo, Redbus etc. It can be from any sms gateway via a website which has 'Forgot Password' option on it.  Earlier, culprits use to run a script which had Forgot Password URLs of 6-7 websites in it and they had to just enter a mobile number of the target victim in the software script, the mobile number gets punched on that website forgot password option for the maximum times the website allows (10 times in many cases). So  now the victim gets 10 OTP messages from that gateway/company whoose 'Forgot Password' link was used and victims mobile number was punched by the culprit several times. Now a days, Black Hat Developers had developed free bombing apps (namely : Bomb-It-Up) which do the same job automatically having a sma...