A project of Law Matters Centre for Research, Education, and Social Action (LaMCRESA)
For more details check out the following infographic on “9 Things To Look For When Hiring A Personal Injury Lawyer” shared by thelalawfirm.
ABOUT THE AUTHOR
LUIS AVILA
Luis Avila is a lawyer by profession specialized in trial work and personal injury law in Southern California. He has experience of more than thirty years in thelalawfirm.
“Yesterday only, I received a call on my mobile device from an unknown number. The anonymous caller presented himself as some bank officer who was in immediate need of my ATM card number and CVV. After politely informing him that I’m a law student, I did disconnect the call.”
Well, not a new thing. Such happenings are way too common in our friend circle, family friends, and even ourselves and our parents. Law knowing persons including law professors, practitioners, and law students regularly receive phishing attempts, impersonating calls and emails on their electronic devices. What’s worse is that they choose to ignore such happenings.
Thanks to the recent legal developments in the Indian legal system, we can report such incidents just by dropping an email or reporting it to the local cyber cell.
What to report
Any cybercrime can be reported following the undermentioned steps. Whether a person is asking for your secret information or someone threatening you over Facebook, whether someone hate-texting you on Twitter or sending you sexually inappropriate messages on Whatsapp, you can (and must) report the incident by following the undermentioned steps.
For a rough idea regarding the ambit of the term ‘cybercrime’, it includes any illegal act that involves the usage of a computer or networking device. Read more here.
Where to report
Cyber crimes have global jurisdiction according to the IT legislation and therefore a complaint can be lodged in any cyber cell as per convenience.
How to report
First, you have to write an application addressing to the head of the cyber crime cell (head of the particular cyber crime cell to which you chose to report).
Note – Your application should include the following details:
Second, attach the relevant and required documents. The type of documents required vary from offence to offence. For example, in case of hacking, you need to provide documents like logs of the server, a copy of the defected page, a copy of the original page, control mechanism details, list of suspects etc. In case of an impersonating call or message, the required documents include such call/message log, sender/caller details, impersonating details etc. Broadly speaking, attach any document that proves the existence of a prima facie case.
Third, send the email (along with the attached documents) to the concerned cyber crime cell using the contact details mentioned below.
Addresses of Cyber Crime Investigation Cells in India
Bangalore
Cyber Crime Police Station,
CID Annexe Building, Carlton House,
# 1, Palace Road,
Bangalore – 560001.
Telephone: +91- 080- 22942475, +91- 080- 22943050
Email: cybercrimeps@ksp.gov.in
Website: http://www.cyberpolicebangalore.nic.in
Chennai
SIDCO Electronics Complex,
Block No. 3, First Floor,
Guindy Industrial Estate,
Chennai -32
Ph: 044 22502526
Email: spcybercbcid.tnpol@nic.in
Website:http://cbcid.tn.nic.in
Delhi
Central Bureau of Investigation,
Plot No. 5-B, 6th Floor, CGO Complex,
Lodhi Road, New Delhi – 110003
Ph:+91-11-4362203, +91-11-4392424
Website:http://cbi.nic.in/
E-Mail: cbiccic@bol.net.in
Hyderabad
In Charge Cyber Crime Police Station,
Hyderabad City.
Email : cybercell_hyd@hyd.appolice.gov.in
Ph:04027852040
Website:http://www.hyderabadpolice.gov.in
Cyberabad
ACP Inspector Cyber Crimes
Sub-Inspector Cyber Crimes
IT Cell Special Branch
Ph: 9491 039 167, 9491 039 172
9491 039 088, 040-2785 3413
Website: http://cyberabadpolice.gov.in/cybercellwebsite
Nagpur
Cyber Crime Investigation Cell,
Crime Branch, 4th Floor,
Administrative Building No. 1,
Near Udyog Bhavan,
Civil Lines, Nagpur-01.
Email:cybercell@nagpurpolice.nic.in
Tel: +91 – 712 – 2566766
Website: http://www.nagpurpolice.info/manage_pages?id=29
Pune
Office of Commissioner of Police
2, Sadhu Vaswani Road,
Camp, Pune – 411001
Phone: +91-20-020-26126296, 26122880, 26208250
Fax: 020 26128105.
Website: http://www.punepolice.gov.in
E-Mail: crimecomp.pune@nic.in / punepolice@vsnl.com
Mumbai
Cyber Crime Investigation cell,
Annex III, 1st floor, Office of the Commissioner of Police,
D.N.Road, Mumbai – 400001
Ph: +91-22- 24691233
Web site: http://www.cybercellmumbai.gov.in
E-mail id: cybercell.mumbai@mahapolice.gov.in
Gurgaon
E-mail: jtcp.ggn@hry.nic.in
Website : http://gurgaon.haryanapolice.gov.in
Rajasthan
Ph: +91-9672700012
Website: http://www.cybercellindia.com/
e-mail: cyber@cybercellindia.com
Madhya Pradesh
Inspector General of Police
State CYBER POLICE,
Bhopal (M.P.)
Ph:0755-2770248
Email: mpcyberpolice@gmail.com
Website: http://www.mpcyberpolice.nic.in
Kerala
Website: http://www.keralapolice.org/newsite/ccps.html
Helpline Numbers:
0471-3243000
0471-3244000
0471-3245000
Meghalaya
Website: http://www.meghpol.nic.in
Thane
3rd Floor, Office of Commissioner of Police,
Khalkar Lane, Court Naka, Thane 
Ph: 022-25410986
Email: police@thanepolice.org
Website: http://thanepolice.org/cybercell.php
Uttar Pradesh
Cyber Complaints Redressal Cell,
Nodal Officer Cyber Crime Unit Agra,
Agra Range 7,Kutchery Road,
Baluganj,Agra-232001
Uttar Pradesh
Ph : 0562-2463343, Fax: 0562-2261000
E-mail: info@cybercellagra.com,
digraga@up.nic.in
Website: http://www.cybercellagra.com
West Bengal
DIG CID
IIIrd Floor ,Bhawani Bhawan
Alipore, Kolkata – 700 0027
Phone Numbers – 033 2450 6100
Fax Number – 033 2450 6174
Email :mail@cidwestbengal.gov.in
Website: http://cidwestbengal.gov.in
Gujarat
DIG, CID, Crime and Railways
Fifth Floor
Police Bhavan
Sector 18, Gandhinagar 382 018
Contact Details:
+91-79-2325 4384
+91-79-2325 0798
+91-79-2325 3917 (Fax)
Jharkhand
IG-CID, Organized Crime
Rajarani Building, Doranda Ranchi, 834002
Ph: +91-651-2400 737/ 738
E-mail: a.gupta@jharkhandpolice.gov.in
Don’t ignore crimes, no matter how small they may seem to be. You have a need to speak for yourself, and an obligation to lend your voice to those in need. Concluding with the words of Elie Wiesel:
“We must take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere.”
– Elie Wiesel, The Night Trilogy: Night, Dawn, the Accident
ABOUT THE AUTHOR
ANSHUMAN SAHOO
‘Passionate!’ That’s the only word he uses to describe himself. Questioning assumptions. Challenging hypocrisies. Making the planet a better place to live in.
India is developing and taking a turn towards the path of digitalization. But it is our duty to keep our personal information private. It is adamant that the information can be stolen by the hackers and be used for any wrongful purpose. A man can forget but the internet never forgets and therefore, the information needs to keep in safe from the hands of the hackers. Hacking is an illicit attempt and unauthorised intrusion into hardware or software/ computer or a network. It is the exploitation of the computer system or any private network of the company or any institution. Hacking can be done for personal conflict also. Hacking is a mala fide attempt to access or to take control over the network of others. Hacking is basically done by the hackers. There is no hard and fast rule to define and determine the hackers. Hacking is generally done by the one who is highly skilled and intelligent to crack the password of the other’s computer system or the network. Hacking is basically done by the professionals who have the knowledge of computer system in depth. If a real hacker wants to get information about your personal belongings, they can easily get that information through hacking.
Hackers are also known as “THE CRACKERS” as they crack the password of the network or the channel to get the information out of it. Hacking is a very vulnerable process and is the information is easily disclosed.
To protect yourself against hacking and getting your information be undisclosed, there are certain remedies to be followed so that the necessary and important information remains undisclosed and the hacker could not hack the computer in order to get the information.
You should create a strong password for your computer in respect of securing your data from the hackers. Passwords should be the combination of letters, numeric and symbols. You should reset the password from time to time. One should keep in mind that there should not be the same password for different accounts.
If you have your own domain name, then there is a chance that your personal information including your number, an address is available to everybody. Hence, while registering, privatize your information so that hackers make not get any information.
The Internet has all the records what were you up to and what you are up to. So clear off the history data once in a while so that information cannot be leaked.
Hackers are active through free Wi-Fi and hotspot and can steal your private data through open Wi-Fi or hotspot. Hence, avoid using the open Wi-Fi network or giving or taking hotspot connection from any other network. Instead, connect your internet in outside places.
Cyber cafes are the most reluctant places from where cyber crime happens. Using a private account through public computers may lead you in a difficult as it can go viral easily.
These are the days where digitalization is at its peak but not to forget to use your card details alertly. There can be a chance of fraud by online companies to collect the details of your card and misuse it.
Conclusion
The speed of the internet is growing fast and we are lagging behind it. When we use anything, we should be aware of its pros and cons. Therefore, using internet also has its pros and cons and we should safely use it for our safety. Online transaction is on demand nowadays, and after demonetization, it has increased it pace like hell. So, while doing online transaction, we should know which all are the protected websites and from where your card details should not be leaked. We should stay cautious while using public programming system and avoid entering the personal bank accounts or social media details as there are chances for these accounts to be hacked. Nowadays, in this competitive world, every company and person needs to grow fast from the other and climb the mountain of success, for this sometimes, they hack the site or account of other person to grab the details of their marketing strategies, and hence, for this, hackers are hired by these big companies.
ABOUT THE AUTHOR
SAKSHI JAIN
Sakshi Jain is currently pursuing her BLS LLB from Government Law College, Mumbai. Although she’s keen to gain knowledge and explore things going around her, her priority always stays focused on law only. Although she yearns for a career in the corporate sector, she’s quite confident regarding her capability to endure in other fields also. A passionate law student and a natural reader, she wants to complete her master degree from Harvard, Oxford, or London University.
Alcohol is one of the intoxicating substances consumed by the people around the corner of the world. Alcohols laws are in India are not taken seriously and most of the people are not aware of it. There is no uniformity in it and varies from state to state. In it, the legal age for drinking and sale ad consumption of alcohol also includes. It is because the alcohol law is included in Seventh Schedule of the constitution of India and comes under the state list. Therefore, the state can modify the alcohol laws according to their own wish. In India, the sale and consumption of alcohol usually take place in bar, restaurants, pubs, clubs, discos, etc.
The state laws for consumption and sale of alcohol do not only mentions the age of drinking but where all places the liquor should be sold. In few states, even groceries and departmental stores also sell liquor as their state laws permit the same. As being the subject of the state list, the law varies from state to state. Therefore, the legal drinking age differs from state to state in India. There is a difference between consumption age and purchasing age. Consumption age is the age when any individual can legally consume the liquor while the purchasing age is the one when an individual can purchase liquor from the license holder.
Legal Age in different states
In the state of Uttar Pradesh, Sikkim, Karnataka, Goa, Himachal Pradesh and Pondicherry the legal age of drinking is 18, following the state of Andhra Pradesh, Assam, Chhattisgarh, Maharashtra (only beer), Rajasthan, Uttarakhand, Arunachal Pradesh, Bihar, Jammu and Kashmir, Jharkhand, Kerala, Orissa, Tamil Nadu has 21 years and in Punjab, Meghalaya, Haryana, Maharashtra (hard liquor), Chandigarh and Delhi, the minimum age specified is 25. There are few states, where the consumption of alcohol is illegal. They are Gujarat, Manipur, Nagaland and Lakshadweep.
Drunk- Driving Law
The drunken drinking law in India is governed by Motor Vehicles Act, 1988. Section 185 of the Act states that if a person while driving a motor vehicle, has a Blood Alcohol Level (BAL) more than 30 mg in terms of 100 ml of blood, the said person shall be for the first time of the offence, be imprisoned for six months, or with fine which may be extend to two thousands, or both. If, the same person commits the offence for the second time within the period of 3 years for the commission of the first offence, the level of punishment increases. The punishment for the same will be imprisonment of two years or with a fine which may extend to three thousand rupees or both.
Public Drinking
Drinking in public places is prohibited as keeping in mind the society in which we live in. but people used to drink in public at a particular concern and secretly have liquor. But when, if caught, has to pay Rs 5000 and if, any nuisance is created by an individual in a drunk mode, then the fine increases to Rs 10,000 with a jail term of three months.
Dry Days
From the calendar year, there are some specific days when the sale of liquor is prohibited and if sold on that particular day, the license of the seller can be cancelled. Republic day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October) are considered to be the fixed days when the sale of liquor is prohibited throughout India as they are considered as the national holidays. Therefore, these days are considered as Dry day. There are few other days which are to be considered as dry day, according to the state laws for alcohol. These days also vary from state to state.
As mentioned above, the states where the sale of liquor is illegal, these kinds of states are known as Dry State. In these state, the sale of liquor is totally banned. These states are called liquor-less state and there are separate laws which govern them
Gujarat: Bombay Prohibition (Gujarat Amendment Bill), 2009 was passed by the governor of Gujarat.
Manipur: by the passing of Manipur Liquor Prohibition Act, 1991, the sale and consumption of liquor is totally banned.
Nagaland: the sale and consumption of Alcohol was banned by passing Nagaland Liquor Total Prohibition Act (NLTP), 1989
Bihar: the ban on sale and consumption is governed by Bihar Excise (Amendment) Bill, 2016
Prices
The price of the alcohol also varies from state to state. Being the cheapest in places like Delhi, Goa, Daman and Diu and expensive in the states like Maharashtra.
Constitutional perspective
Article 47 of the constitution of India states that “State shall Endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health” [1]The constitution allows the state to use the intoxicating substances and drugs for the medical purpose. It prohibits the consumption as these are injurious to health. We have seen that the legal age for consumption, possession and sale of the liquor varies from state to state, but the law not being so abiding and strict, many small children who have not crossed the majority age drinks secretly. The consumption of alcohol is not necessarily for the rich people, but the middle and poor class people also consume to a very higher extent. This is because the laws are not so strict that people can fear of it and the availability of liquor is so frequent, that even children can purchase it easily.
Intervention of Supreme Court
In the month of December 2016, the apex court of India took an intuitive to control the crimes for drunk driving. Supreme Court bans the sale of liquor on all national and state highways from 1st April 2017. The court further directed that no shop for the sale of liquor shall be visible from a national or state highway, shall not be situated within the distance of 500 meters from the edge of the highway, all the advertisement for the availability of liquor shall be prohibited.
Conclusion
We all know that alcohol is injuries to health but despite knowing this fact, we, which includes various age groups, tends to have it. The addition of the same leads to various health issues and sometimes, loss of health. So, there is various provision made by every state to take steps towards it. It is essential to cure this issue as nowadays, the youth are driven crazy by alcohol and makes their life addictive to it. This addictiveness leads to various problems. We need to understand that youth are the future of our country and we need to safeguard them by making strict laws for alcohol in India.
[1] https://indiankanoon.org/doc/1551554/
ABOUT THE AUTHOR
SAKSHI JAIN
Sakshi Jain is currently pursuing her BLS LLB from Government Law College, Mumbai. Although she’s keen to gain knowledge and explore things going around her, her priority always stays focused on law only. Although she yearns for a career in the corporate sector, she’s quite confident regarding her capability to endure in other fields also. A passionate law student and a natural reader, she wants to complete her master degree from Harvard, Oxford, or London University.
If anyone does search your name on ‘Google’ and the results which are subsequently shown are demeaning to your image and dignity or irrelevant or any particular unwanted result shown, then can you ask ‘Mr. Google’ or from any other search engine to remove those?
In the year 2014, in the jurisdiction of Spain, it was possible. Mr.Mario Costeja Gonzalez, filed a complaint before Spain authorities for removing a particular news article from article, which was no longer relevant.
The matter (Google Inc. v. Agencia Española de Protección de Datos) went before the European Court of Justice, which resolved it and ordered both the respective news agency to remove that article. It also ordered Google Inc. to remove that article from search results. ECJ held that right to be called as “right to be forgotten”
Gradually, people in many other countries began to ask Google to remove certain unwanted search results from its index. Many other websites are also being asked to remove certain web pages which contained unwanted, irrelevant, or demeaning contents.
Countries like France, Britain, Germany, which are part of European Union are clearly enforcing “right to be forgotten” or “right to be erased”. Other countries such as Canada, Japan, Brazil, Indonesia and India are also facing complaints to enforce this right, and some have enforced it.
Now coming to Indian Context, recently in 2017, three High Courts i.e. Gujarat High Court, Delhi High Court and Karnataka High Court have come across three different cases, which are as follows:
It further stated that:
“This would be in line with the trend in the Westerncountries where they follow this as a matter of rule “Right to be forgotten” in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned.”[1]
Looking back in past – Right to Privacy
Right to Privacy has been held to be a part of Article 21 of the Constitution of India.It first came out in Kharak Singh v. State of U.P., (1964) 1 SCR 332, where the court laid down that right to life includes personal liberty and thus, right to privacy.
Moving on further to R. Rajagopal v. State of T.N., (1994) 6 SCC 632, where Supreme Court has went further and stated that, right to privacy is part of right to life and liberty under Article 21, and called it as “right to be let alone”.It clearly said that:
“A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child-bearing and education among other matters. None can publish anything concerning the above matters without his consent — whether truthful or otherwise and whether laudatory or critical. If he does so, he would be violating the right to privacy of the person concerned and would be liable in an action for damages.”
Supreme Court has though given an exception that, where matter relating to Public records are published they shall be not be deemed to be subjected to right to privacy. This exception is now a days being subjected to change and only Public authorities are being publish such records, and private persons are not allowed to publish such things which might harm the dignity of an individual.
Therefore, answering to the question, seeing the change in Indian Jurisprudence of “Right to be forgotten” or “Right to be erased” or “Right to delink” or “Right to be let alone” one can approach to court under Article 226 or 32 and ask for removal any content which is unwanted or irrelevant or demeaning from internet.
[1] http://www.deccanchronicle.com/nation/current-affairs/300117/karnataka-high-court-upholds-womans-right-to-be-forgotten.html
[2] http://www.livelaw.in/delhi-hc-hearing-nris-plea-right-forgotten-read-petition/
ABOUT THE AUTHOR
DHRUV CHANDORA
Dhruv Chandora is currently pursuing 4th year of BA LLB (Hons) course at Rajiv Gandhi National University of Law, Punjab. A voracious reader and a keen learner, Dhruv is also a moot court enthusiast.
One day will grow tired working for others, and then you realize that there is a need to do something for your own and try to start your own business. For law personals, it is very beneficial to start their firm whether they have just graduated with a law degree or have been working in a law firm for years. To setup and start your personal law firm you first need to know that how can you set up your business, what things you should keep in mind very first to become successful and what will be your responsibilities. There is always a risk in putting on the pilot’s hat but sometimes taking a calculated risk and shaping and effective strategy will help you to make a lot of money on your own and by your own. Here are few of the most basic tips that will help you to establish your law firm efficiently.
Try To Get Enough Clients
You have worked several years for others, or you have just graduated from a law institute, now may be you have a number of related contacts and links. Utilize your contacts and connections to attract a maximum number of clients. Make an aggressive marketing strategy that helps you to get a maximum number of potential customers. Making strong relationships with your clients by effective marketing and providing accurate solutions to their problems will help to market you by the words of your clients.
Try to Get Enough Capital
Getting enough capital to cover expense and salaries of at least one year for the employees that you may hire is a best practice for starting up. You should enough money that you can quickly pay off salaries and other expenses for at least two years without any income. Shape your strategy in such a way that you never ran out of finance before you properly start earning.
Plan an Effective Business Strategy
A practical and versatile business plan will not only help you to get your business on taking off flight but also helps you get a firm grasp of your business. The best business should be versatile and flexible enough so that you can manipulate it whenever it requires. Ask for your friends and relatives if they could help you in any possible way. Utilize your network smartly and try to get early break through.
Get a Rented Office
Find a good place for your office to be rented but make sure that is should not be too expensive. The renting cost will most likely be the highest liability that you have to pay every month so be very cautious in choosing your rent office. Try to get an existing office suite where you can find some space for your setup as it will help you in keeping the rent cost as low as possible.
Try to get high-tech Computers
Get as high-tech computing systems as you can for your firm. Make sure that you have a proper and fast internet connection and server that helps you manage and store your data and retrieve it when needed. Systems that are fast and prompt will help you perform you daily task with efficiency and helps you to save time resulting in increases efficiency.
Integrate a Case Management Software
The law industry is full of maintaining, creating and storing documentations. A rich functionality case management software will be helpful for you in preparing, managing and storing your important documents and case studies. This software will also help you in organizing your appointments.
Stay in Touch with your Clients.
One of the best ways to establish a fruitful relationship with your clients is by getting in touch with them 24/7. Setup different ways of communication so that each and every potential client can reach your easily. Make you online presence, social media accounts and most importantly get a dedicated phone and a phone number for your office so that people may contact you directly anytime anywhere. If your provide different ways to your clients to get in touch with you this will help a lot as some people prefer social network and internet over making phone calls rather some people find it easy to just make phone call and get their job done.
Get a User-Friendly Website
This will be the most important marketing tool that you must have. Get your website designed and development by professional web developers. Provide all of your offerings, specialties, packages and charges on the portal. Make it very simple, user-friendly, and easy to navigate so that a maximum number of your clients may find you very easily on the internet. Your website should be rich with useful content so that people will easily understand you are offering them. Getting your website as early as possible will help you to make gather maximum traffic on your website.
ABOUT THE AUTHOR
CRAIG WELCH
Craig as an owner of CraigWelchLeagal specialises in Bankruptcy cases. He has a huge experience of approx. 30 years in this field. He is always ready to assist those who need legal services.
