The Economy Behind Cybersecurity

The fight against cybercrime needs a comprehensive approach. Given that technical measures alone cannot prevent any crime, it is critical that law enforcement agencies investigate and prosecute cybercrime effectivelyCyber-attacks such as WannaCry and NotPetya, affected thousands of computers, disrupting businesses and public institutions around the world. Investigation of cybercrimes often has an international dimension, and it is an arduous task to identify and catch the culprits. However, the...

Online Registration Of FIRs- Need Of The Hour

FIR or first information report, means the information, by whomsoever given to the officer in charge of police station in relation to the commission of a cognizable offence and which is first in point of time, on the strength of which the investigation into that offence is commenced. It is the earliest report made to the police officer with a view to taking action in the matter, and its principal object from the point of view of the informant is to set the criminal law in motion. Such is the...

Data Theft And The Indian Criminal Law

A woman with her computer can steal more than a hundred women with guns[1]Data is the “new oil”, and has arguably replaced oil as the world’s most valuable resource. Internet and smartphones have made data ubiquitous, plentiful and more valuable than ever before. Other than the data voluntarily shared, every technological action leaves digital footprints, which are harvested by algorithm-wielding companies, to know more about us. The digital traces that one unwittingly leaves carry valuable...

Private Sector (Commercial Organisations) Brought Under The Net Of Indian Anti-Corruption Law

India has a long history when it comes to regulation of corruption, commencing from the enactment of the Criminal Law (Amendment) Ordinance, 1944 under the Government of India Act, 1935. The first consolidated law in independent India was the Prevention of Corruption Act, 1947. The 1947 Act was replaced with the Prevention of Corruption Act, 1988 (PC Act) whereby the scope of the definition of a public servant was widened. The instant amendment that received the assent of the President on 26th...

Children’s Online Rights And Privacy: New Challenge

Children should have the right to privacy and protection of their personal online data. They should be educated, informed and empowered to protect their data The Internet is inherently public, but that doesn’t mean we give up our children’s rights to privacy and security. Kids as young as five already know how to download and play games and these days, we can find just about everyone on social networking sites. Every time a child posts a photo on social media browses for products or searches for...

Advancing Competition Jurisprudence In India :CCI Order On Walmart-Flipkart Deal

The entry of Wal-Mart in India has always been the subject matter of sufficient debate, primarily from a foreign direct investment (FDI) perspective. Of course, it also made excellent fodder for a sufficiently polarising debate on the threat to, and the protection of, smaller domestic retailers in India. Predictably, the proposed combination worried various stakeholders in the markets where Wal-mart and Flipkart are active or deal with commercially, many of whom made representations to the CCI...

Can A Governor Himself Waive Immunity Conferred On The Office By Article 361?

It is absolutely clear in the language of Article 361 that it is a command issued by the Constitution to the courts as a matter of public policy with a view to implement its object of ensuring the insulation of the high office of the President, Governor or the Raj Pramukh and no person can, by his act or conduct, relieve the court of the solemn obligation imposed on it by the Constitution.A fascinating issue of far-reaching constitutional significance had arisen before the division bench of the...

Judicial Review Of Arbitral Awards: Public Policy And Its Evolution Exploitation

A fundamental principle of arbitration is minimum judicial intervention, and this minimization is accomplished through non-substantive review of arbitral awards by national courts. The purpose behind such principle is to ensure the enforcement of the arbitral award and to uphold the sanctity of party autonomy.India, being a party to the UNCITRAL and the New York Convention, accepts in-principle the aforementioned-virtues of arbitration; however, for quite some time, the actions of its national...

72nd Independence Day: In Judiciary v/s Government, The Verdict Is Out

“The founding fathers always said governance should be left to those who people of India elected to govern. Governance and accountability go hand in hand. Basic structure theory emphasized it. The 13 benches of the SC should maintain a healthy balance on basic structure, separation of power. This is how I feel when we need to reflect.”Law Minister Ravi Shankar Prasad’s criticism of judicial activism, during the Independence Day celebrations at the Supreme Court lawns today sums up the nature of...

Independence Day Special : Is Independent India A Creation Of British Parliament?

Independence of India was not a mere transfer of power; it was the birth of a new nation, with  renewed identity and fresh set of aspirations. It was the result of long struggle by the people of India. The freedom struggle was not just a political mobilization; rather, it was a cultural movement which shaped the national identity.The abstract notion of independence was given concrete contours through the legislative medium of "Indian Independence Act,1947". Enacted by the British Parliament, the...

Towards Loan Market Structure: More Liquidity & Relief From Stressed Assets For Banks?

The financial sector of the country is a major contributor towards the growth of the country. The sector comprises public sector banks (PSUs), commercial banks, insurance companies, Non-Banking Financial Companies (NBFCs), mutual funds, pension funds etc. The 17th Financial Stability Report (FSR)[i] released by RBI in June has highlighted that the stress in the banking sector continues as gross non-performing advances (GNPA) ratio rises further.  Profitability of SCB[ii]s declined, partly...

Somnath Chatterjee : A Man Who Held Constitution of India Always Supreme

"Rule of law has to be enforced not by expanding any organ's extent of powers, by encroaching into areas specifically assigned to any other, but by diligently and effectively discharging each one's assigned responsibilities."- Somnath Chatterjee, commenting on judicial interference in legislative domain.Somnath Chatterjee must have despised an unidimensional life. Perhaps, that's the reason why he chose to wear multiple hats to perform all ranges of roles which legal education enables one to do...