Landmark Judgments on Cyber Crimes & Cyber Laws

*Sexual Exploitation case *Tampering with Computer Source Code
*Electronic Evidence *Contracts via Email
*Seizure of Hard disk *Electronic media Transcript as Evidence
*Responsibility of Website Owner *Fake Website *Misuse of Domain Name
*Intermediary's Liability *Defamatory Content in Blogging Site *Cyber Defamation
*e-auction *ATM Skimming Machin Scam *CCTC Footage as evidence *Sexually explicit content
*Outrage Modesty of Women *Online Sex Rackets *Whatsapp Chat as Evidence
*Fraudulent SimCard * Disclosing Password *Facebook Post-Right to be funny
*right to be forgotten and more.....
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Description
As our world continues to become more interconnected through the internet and digital technology, the threat of cyber crime has become increasingly prevalent. Cyber crime refers to criminal activities that are carried out through digital means, such as hacking, identity theft, and phishing scams. The rise of cyber crime has led to widespread concern about the safety and security of individuals, organizations, and even entire nations. In recent years, the nature of cyber crime has evolved to keep up with advances in technology. Cyber criminals have become more sophisticated in their methods, and the types of crimes they commit have become more varied and complex. As a result, the need to understand and combat cyber crime has become more pressing than ever. According to various reports and studies, cyber crime is a growing threat both globally and in India. As per report published by NCRB Crime in India - 2021 a total of 52,974 cases were registered under Cyber Crimes, showing an increase of 5.9% in registration over 2020 (50,035 cases). Crime rate under this category increased from 3.7 in 2020 to 3.9 in 2021. During 2021, 60.8% of cyber-crime cases registered were for the motive of fraud (32,230 out of 52,974 cases) followed by sexual exploitation with 8.6% (4,555 cases) and Extortion with 5.4% (2,883 cases). According to the one current report of April-2023, 33 billion accounts will be breached in 2023 that converts 2328 per day, 97 cyber crime victims per hour. Cyber-attacks of 8,00,000 have been recorded in total, and on average, there is a hacker attack every 39 seconds. In this scenario, the major concern for India is very poor convictions rate of cyber-crimes cases.
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Contents
1. Admissibility of Tape Recorder Conversation as Evidence
2. Tape Recorder as a Document
3. Trademark Infringement
4. Court Proceeding Through Video-Conferencing
5. First Conviction under Section 67 of the IT Act, 2000
6. Application for Transfer of Trial in a Sexual Exploitation Case
7. Tampering with Computer Source Code
8. Admissibility of Electronic Evidence as Secondary Evidence
9. Contract Via E-Mail
10. First Case Regarding Seizure of Hard Disk
11. Admitting Electronic Media Transcript as Evidence
12. Admissibility of Hard Disks as Electronic Evidence
13. Responsibility of Website Owner Handling Content
14. Blocking of Website
15. Admissibility of Portable Data Storage Device
16. Electronic Evidence should be More Accurate and Stringent
17. Defame Company by Making Fake Website
18. Unauthorized Access to Protected System
19. Compact Disc as Electronic Evidence
20. Misuse of Domain Name
21. Intermediary's Liability for Negligence
22. Removal of Defamatory Content from Blogging Site
23. CD Containing Interview
24. Cyber Defamation
25. Sale of Assets Through E-Auction
26. Sharing Confidential Pictures of Victim
27. ATM Skimming Machine Scam
28. Mandate of Certificate for Submission of Electronic Evidence
29. Admissibility of Electronic Evidence
30. CCTV Footage is a Strong and Crucial Piece of Evidence
31. Facebook is a Public Forum - IT Facilitates Expression of Public Opinion
32. Striking Down of Section 66A of IT Act, 2000
33. Chacking Content Server
34. Sending Sexually Explicit Content
35. Outrage Modesty of Women by Sending Obscene Message
36. Transmission of Sexual Content
37. Preservation and Retention of Data
38. Requirements of Certificate under Section 65B of the Indian Evidence Act, 1872
39. Compact Disc is also a Document
40. Online Sex Rackets
41. Electronic Evidence as Primary Evidence
42. Special Law shall Prevail Over General Law
43. Cyber Defamation
44. Removal of Infringing Content by an Intermediary
45. Objection Regarding Inadmissibility of Evidence
46. Publishing Revengeful Content for Defamation
47. Production of a Certificate Under Section 65B of the Indian Evidence Act, 1872
48. Government's Declaration for Government Work as a Protected System under IT Act, 2000
49. Whatsapp Chat as Prima Facie Evidence
50. Compensation for the Bank's Negligence
51. Liability of Intermediary
52. Voice Sample Before the Investigating Officer
53. Removal of Content World-Wide
54. No Defamation Protection for Intermediaries
55. Providing Fraudulent Simcard and Bank's Negligence
56. Admissibility of Illegally Obtained Evidence
57. Certificate under Section 65B(4) is Unnecessary if the Original Document itself is Produced
58. Dismissal of FIR
59. Disclosing Password During Investigation Infringes Right to Privacy
60. Whatsapp Message Evidential Value
61. Social Media Platform as an Abettor
62. Google Keyword as Trademark
63. Non-Lodging of FIR under Section 66A of IT Act, 2000
64. Cyber Theft
65. "Right to be Funny" - Facebook Post
66. CCTV in SPA Infringing Right to Privacy
67. Right to be Forgotten
68. Sale of Products in Violation of Copyright Act
69. Internet Shutdown Infringement of Fundamental Right
70. Denial of Lodging FIR in Cyber Fraud
71. Impersonation
72. Unsolicited Text Message to Woman
73. Jurisdiction of Intermediary when Data Centre is Outside of India
74. Right to Privacy as Fundamental Right
75. Liability of Intermediary
76. Vulgar Language on Social Media and OTT Platforms
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Author Details
Foreword By
Narasimha N. Komar, Ips
Addl. DG Of Police (Law & Order),
Gandhinagar, Gujarat
Authors
Dr. Chintan Pathak
Founder, Chintan Pathak & Associates
Attorney, Cyber Law & Security Consultant
Dr. Kalpeshkumar L Gupta
Founder - ProBono India, Legal Startups
Chief Administrator, Law Teachers India