Utkrishtha Law Offices is a full-service law firm offering its expertise to various entities in the domain of including but not limited to Arbitration Laws, Insolvency & Bankruptcy Laws, Cable & Broadcasting Laws, Labour Laws, Commercial Laws, Family Laws, Real Estate Laws, Consumer Protection Laws, & Criminal Laws etc.
They are looking for an enrolled Advocate having a minimum PQE of 2 years.
Job Title
Legal Associate
Requirements
The candidate should have excellent research and drafting skills. He should be able to draft and finalize drafts independently.
The candidate should have sound knowledge of CPC, Negotiable Instruments Act, Commercial Courts Act, Telecom and Broadcasting Laws, IBC, Companies Act and other related laws.
The candidate should be confident in handling effective court hearings.
The candidate should be sincere, diligent and hardworking.
Application Process
Candidates can apply by sharing resumes and cover letters on Contact@utkrishthalaw.com. Joining will be on an immediate basis.
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The Centre of Studies in Banking and Finance at National Law University, Jodhpur (CSBF) was established by the Reserve Bank of India in 2002. The Centre provides a platform for scholars and practitioners to exchange views on issues dealing with banking and financial systems through its Conferences, Essay Competitions, Workshops and Discussion Forums. CSBF seeks to promote discourse related to the banking sector, capital markets, and other financial services. The Journal is another venture of the Centre to associate with professionals, judges, academicians and students to discuss ideas related to the banking and finance sector.
About Scholasticus
Scholasticus (ISSN 0975-1157) is one of the earliest publications by National Law University, Jodhpur established with the objective of promoting academic research and fostering debate in the field of Banking & Finance. The Journal has been re-launched after a gap of a few years and is now published under the aegis of the Centre of Studies in Banking and Finance at National Law University, Jodhpur. It is a bi-annual, double-blind student-reviewed and edited journal, with an ambit broad enough to include issues in the fields of project finance, private equity, corporate finance, debt restructuring, capital markets, etc. The Journal has had the privilege of publishing articles from some stalwarts of the legal arena including Mr. Bahram Vakil (Founding Partner, AZB & Partners), Mr. Abir Lal Dey (Partner, Saraf & Partners), Dr.Neeti Shikha (Head, Centre for Insolvency & Bankruptcy, Indian Institute of Corporate Affairs, New Delhi), Mr. Siddharth Srivastava (Partner, Khaitan& Co.), Mr. Sudarshan Sen (Former Executive Director at Reserve Bank of India), etc.
Submission Categories
Scholasticus (ISSN 0975-1157) is accepting submissions under the following categories:
Long Articles (5,000 – 8,000 words)
Short Articles (3,000 – 5,000 words)
Case Notes, Legislative Comments, and Book/Article Reviews (1,500 – 3,000 words).
Submission Guidelines
The Journal is pleased to invite submissions for its Volume XI, Issue I.
Submissions must be made in electronic format by filling out the form available BELOW.
All submissions must be in MS Word format (.doc) or (.docx), with Garamond font (Main text: size 12 and line spacing: 1.5, footnotes: size 10, and line spacing: 1).
An abstract of not more than 250 words must be provided.
Co-authorship (up to 2 authors) is permitted.
No biographical information or references, including the name(s) of the author(s), affiliation(s), and acknowledgements should be included in the text of the manuscript, file name, or document properties.
Scholasticus uses only footnotes (and not endnotes) as a mode of citation. Submissions must conform to the Bluebook (20th edition) Citation style.
Submissions are accepted for publication on the condition that they do not infringe on the copyright or any other rights of any third parties. Any form of plagiarism is strictly discouraged.
Submissions made to Scholasticus shall be exclusive and must not be concurrently under consideration by any other publication.
Suggested Themes
First Loss Default Guarantee (FLDG): Analysing RBI’s approval of FLDG between fintech and banks and non-banking finance companies;
Big Data Analytics, Artificial Intelligence and emerging future technology in banking sector: Potential Impacts on customer service, banker’s Employment and risk management;
E-rupee: RBI’s future plan for new digital currency and its implications;
Insolvency in Aviation Industry: Need for separate legislation;
Examining the incorporation of sustainability into RBI’s powers and potential judicial challenges;
Attachment of corporate Debtor’s assets by Enforcement Directorate: Conundrum between Prevention of Money Laundering Act (PMLA) and Insolvency and Bankruptcy Code (IBC);
Impact investment and the advent of the Social Stock Exchange in India; and
Sustainable Finance and Environmental, Social and Governance (ESG) Regulations.
Please note that the aforementioned themes are merely indicative and not exhaustive.
Deadline
The deadline for sending submissions for the forthcoming volume is August 05, 2023.
Contact Details
In case of any queries, please feel free to contact at: scholasticus.nluj@gmail.com or centerforbanking@nlujodhpur.ac.in.
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Xiaomi was founded in 2010 by serial entrepreneur Lei Jun, who believes that high-quality technology doesn’t need to cost a fortune. They create remarkable hardware, software, and internet services for and with the help of their Mi fans. Every company has a mission. Theirs is to bring ‘Innovation for Everyone’.
Job Title
Legal Counsel
No. of Positions
1
Location
Bengaluru
Roles & Responsibilities
The candidate will be responsible for:
Handling legal matters relating to telecom, media, technology, marketing, content licensing, data protection, privacy, e-commerce and intermediaries.
Structuring deals and transactions relating to any and/or all of the above functions.
Drafting and reviewing a host of agreements including advertising, marketing, endorsement, IP licensing, data transfer, non-disclosure, and other commercial and technology-related agreements.
Drafting and reviewing terms of use, privacy policy and other terms for online platforms.
Responding to notices and liaising with and managing government, statutory, regulatory and/or quasi-judicial authorities as and when required.
Advising on the impact and consequences of new laws and regulations affecting Xiaomi’s businesses.
Advising business and commercial teams on new business models by highlighting the potential legal issues, and risks, and working with them to develop and implement appropriate risk-mitigation strategies.
Advising the business teams on strategizing and resolving legal issues that arise in existing commercial relationships, potential disputes and addressing any government enquires.
Prioritizing and judging what matter should be handled internally or by outside counsels and managing the external counsels effectively.
Providing strategic and practical legal advice to the business teams of the company as and when required. Ability to break down complex legal issues for the business and commercial teams to understand the associated risks and make correct informed decisions.
Skills and Qualifications
LL.B. Degree from a recognized university in India.
3-5 years of experience.
Transaction experience in commercial and corporate contracts is mandatory.
Preferred experience in technology and IP laws as an in-house counsel or as a part of a law firm.
Ability to work efficiently and proactively on multiple projects under tight deadlines while maintaining a commitment to quality.
Strong verbal and analytical skills, interpersonal skills and cross-cultural skills.
Team-oriented.
Good language and drafting skills.
Solid business acumen and willingness to work in an unstructured working environment and ability to interact comfortably with business and management persons.
Strategic legal thinking and capable of arriving at practical legal solutions.
Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.
Jaitley & Bakhshi is a full-service law firm with an office in New Delhi. With their inception in the year 2008, they possess more than a decade of experience offering comprehensive legal services, with the finest lawyers in the country, & have built a reputation for our expertise, specialized solutions & ability to think ahead. From complex contours of litigation to business transactions, their firm employs its legal resources across all major practice areas & focuses on several core areas of commercial activities.
Position Title
Legal Associate
Job Description
Drafting of Petitions, Applications, Replies etc.
Appearances before courts and Tribunals
Briefing Senior Advocates, Advocates.
Drafting of Legal Notices, Agreements etc.
Competencies Required
Must-Have sound knowledge of Corporate Litigation and Disputes, Arbitration, and Corporate Transactions.
Must have worked in some good law firms.
The ability to perform several tasks simultaneously to meet critical deadlines is necessary.
Ability to interact with staff from multiple departments.
Excellent written/oral communication and organizational skills are required.
Knowledge of all applicable laws, rules and regulations.
Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.
Their firm is full of young, ethical, and hardworking professionals. Their team of attorneys aims at securing the best interests of the clients through boutique strategic planning and legal advisory. They believe in cultivating a relationship of trust with their clients and providing them with the best solutions to ensure their satisfaction. AMA Legal Solutions is an effort to provide people with the best-in-class legal solutions for civil, criminal, intellectual property rights, real estate, and medical laws. In addition to this, they also draft documents like contracts, agreements, deeds, and wills.
Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.
Gujarat Maritime University is an esteemed institution backed by the Government of Gujarat and promoted by the Gujarat Maritime Board, the regulatory authority for the thriving port sector in Gujarat. As a student at their university, you will have access to a range of exceptional opportunities and experiences that will propel your career in the Commercial Maritime Industry.
Their university stands out for offering unique post-graduate programmes tailored to meet the demands of the Commercial Maritime Industry. Their curriculum is meticulously designed to ensure that it aligns with industry requirements and prepares you for the challenges and opportunities that lie ahead. Situated in Gujarat, the leading maritime state in India, their university benefits from its prime location in a region that boasts a rich maritime legacy. Surrounded by a thriving maritime ecosystem, their students have unparalleled access to industry resources, internships, and practical learning opportunities. Gujarat is the frontrunner in maritime affairs, providing an ideal environment for their students to immerse themselves in the world of maritime excellence.
The governing body of their university comprises senior government officials, industry experts and renowned academicians from top Indian universities. This esteemed group of individuals brings their expertise and experience to the table, ensuring that their institution maintains the highest standards of education.
Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.
Administrative Discretion: What It Is and What It Means
Administrative discretion is the combination of the phrases administrative and discretion. It refers to the discretion that the administration uses to carry out its duties. We’ll talk about discretion first, then we’ll highlight administrative discretion. Discretion is the capacity to make choices.
Or, to put it another way, the authority to act by their intelligence. Regarding his property, each person is free to donate, sell, or otherwise dispose of it as they see fit. He can make a will if he decides he wants his property to pass down through his ancestors. He can sell his land if he chooses not to pass it down to his ancestors. Nobody is allowed to impede his independence.
Administrative discretion differs from individual discretion. There is no constraint on personal choice. However, administrative discretion means they have the freedom to choose among the available possibilities.
Lord Cock – Understanding the difference between truth and lies, right and wrong, and reasonable and outrageous behaviour is the science of discretion. They must not carry out their tasks out of self-interest or to satisfy their desires.
The Supreme Court stated in State of Punjab v. Khan Chand[1]that the question of specifics must be left in the hands of the authorities working by an enactment due to the complexity of the issues that a modern state must deal with. For the sake of exercising the powers granted to them by an enactment, the relevant authorities must be provided discretion.
In governance and law, administrative discretion is the main source of creativity. All administrative actions must be conducted with great caution. It shouldn’t, however, be allowed to run unchecked lest it become arbitrary and undermine the fundamentals of the rule of law.
Administrative discretion is required
When Dicey created the concept of the rule of law, the laissez-faire philosophy was in vogue. The upkeep of peace and order was the sole responsibility of the police state at the time. More and more nations adopted the idea of a welfare state as the philosophy of laissez-faire fell out of favour over time, and there was a pressing need for both social and economic progress. It is now hard to create a government that can run smoothly without giving the executive discretionary power, whether in communist or capitalist regimes.
Motives for the Growth of Discretionary Powers
The growth of administrative discretion is due to a variety of factors. Some explanations are provided below.
Today’s administration has challenging and numerous issues that cannot be resolved by a single rule.
Because the majority of those issues are brand-new and are emerging for the first time, a general rule cannot be applied to them.
Although it is not always feasible to predict every issue when it does arise and cannot be resolved under the circumstances, administrative authorities must be contacted.
Each situation has a unique set of circumstances, thus applying one rule to them all could result in injustice.
Administrative authorities are free to use their authority as they see fit, given the situation. They can create and put into practice a variety of rules to address problems that arise abruptly. But once the administration has addressed every issue and changed the exercises and guidelines in those puzzles. It might lead to a lot of problems, some getting worse—
No one may be aware of the regulation that will be applied in his case.
Because every situation of the same nature will be handled under different rules, it will be a blatant violation of Article 14, Right to Equality.
Administrative officials might abuse their discretion in some circumstances.
The administrative authority must be chosen as a general rule based on the aforementioned arguments.
Administrative authorities must be used equally in all of their tasks, whenever practicable. If it doesn’t continue, it can not only lead to administrative violence but also lose the public’s faith. When using administrative discretion, the administration must take into consideration how comparable situations have been handled in the past; otherwise, this would constitute discrimination and put many barriers in the way of inclusive progress.
Indian system of administrative discretion
India has also adopted the welfare state philosophy; thus it was important to grant the administration discretionary powers because there was only one body that could perform all tasks.
Government participation and interference in all public activity that was done after this notion was adopted. The state now considers the development of the public and the state. Before it, the state performed ministerial duties and thought primarily about itself. It wasn’t interested in any public issues. Now that the state is beginning to consider the general people and their facilities, it has placed the full weight of all obligations on the administration. But without the ability to make decisions, it was impossible.
Administrative officials thought they needed the ability to make decisions immediately. They are powerless to act without it. Therefore, the state granted them discretionary powers. However, no contemporary government can run effectively without giving administrative officials some degree of discretion. The occurrence of specific events or the emergence of specific unanticipated situations determines whether or not action is necessary. They must occasionally be decided, and the administrator must reply by making use of the authority delegated to her.
The Supreme Court had ruled that with regards to the administrative discretion granted by law. The exercise of discretion is anticipated to be fair, just, and reasonable; it cannot be motivated by personal desires or interests. It must not be speculative, arbitrary, or illogical. It must fall within the parameters that are reasonable for a genuine individual.
Indian Constitution and Administrative Discretion
If a law is passed by a capable legislature, it cannot be contested on the grounds of purported bad motives or enigmatic intents. Any statute that grants discretion to the executive must include restrictions on how that discretion may be used. Our constitution contains several clauses that deal with discretion. The highest Executive in India is the President. He used a lot of his discretion. If he determines that any of the conditions listed in Article 352 have arisen, he may declare a national emergency. He has the authority to enact and enforce laws. When there is no majority party, he has the authority to dissolve the Lok Sabha. He is free to create the government at his discretion. Additionally, he has the authority to commute sentences or grant pardons to anyone who has been found guilty of crimes under Articles 72 and 161. A state may also be governed by him as president under Article 356. But there are some limitations to all of these powers. These are not random acts of nature. Even the judiciary has used some discretion; when judges sentence guilty parties, they have control over whether to impose a fine, an incarceration term, or both.
Judicial Control
The entire body of law governing the judicial supervision of administrative discretion is predicated on the idea that the courts, who have the final say in controlling the discretionary powers granted to the administration, are where democracy begins. The absence of judicial oversight of administrative activity may encourage executive overreach. The principles of democracy and the idea of the rule of law would be violated in such a situation.
In the case of Kesavananda Bharti v. State of Kerala[2], it was decided that judicial control is not only a crucial component of the Indian Constitution but also an element of its fundamental framework, which cannot be altered even through a constitutional amendment. The foundation of judicial oversight of administrative action is the idea that all authority must be exerted within the bounds of the law. The courts do not get involved in administrative decisions unless they are arbitrary or otherwise in violation of the Constitution. The courts have appellate and supervisory jurisdiction when deciding whether an administrative action is legal.
Judicial oversight of the discretionary administrative powers
Because the English parliament is supreme, no statute may be challenged by the judiciary on any basis. No statute can be subjected to judicial scrutiny by a court. However, the court can limit administrative discretion under specific circumstances, including abuse of discretion and supra vires.
The United States of America shares India’s practice of judicial review. The court cannot impose its views instead of using discretion in both countries. For the proper application of the Rule of Law, it must be under control. Administrative discretion must be used by the law, not individual discretion. If the administration is given complete freedom to carry out outsider duties, a dictator may be in place. Therefore, it’s important to limit administrative discretion.
Judiciary’s Function and Administrative Discretion
To limit discretion, the court has adopted many new concepts recently. These justifications successfully exercise discretion. These guidelines are the ultra-vires doctrine and the misuse of administrative discretion, an improper motive, an irrelevant factor, malice, unreasonableness, a violation of protocol, and administrative discretion.
In the case of Ram Manohar Lohia v. State of Bihar[3], the authority was permitted to hold a person under the defense of India provisions to maintain public order. The petitioner was detained to stop him from engaging in a way that might harm the upkeep of law and order. The court overturned the detention order. The court held that the notion of law and order was more expansive than the notion of public order.
In Air India v. Nargesh Meerza[4], the issue at hand was the legality of a service regulation put out by Air India that called for the termination of an air hostess’ employment upon the occurrence of her first pregnancy.
The regulation was deemed by the Supreme Court to be highly arbitrary, illogical, offensive to the ideals of a civilized society, and interfering with the natural progression of human nature. It is not a disability, but rather a normal side effect of marriage and an unchangeable aspect of married life. Therefore, it has been demonstrated that administrative discretion is necessary today and that its monitoring is essential. Judicial review is a useful tool for managing it. The judicial assessment of administrative discretion thus has this additional dimension. Everyone is protected from discrimination by Article 14.
Conclusion and Recommendations
Although it must be granted, administrative discretion must be constrained. And a limitation needs to be put in place. It implies that a process should be set up for the administration. So let me highlight a few ideas that are provided below.
Administrative personnel cannot achieve their goals without judgment. They are unable to realize the welfare notion, hence the state must grant discretion but not access.
Some constraints (restrictions) should be put in place when the state grants discretion.
The discretion must be removed while adhering to these limitations.
The language of the legislation, which grants discretion, must be unambiguous and explicit.
Any person who suffers a discretionary injury must be given compensation.
Discretion must be subject to court review on more than just a few grounds, such as mala fide intent, arbitrariness, discrimination, and irrelevant consideration. Likewise on legitimate grounds. because there are more and more problems every day.
Administration in a welfare state cannot function effectively without discretion. It is a requirement for the exercise of authority. But it’s also necessary to set boundaries and standards.
Administrative discretion becomes unconstrained and unchecked. Power corrupts, and absolute power corrupts totally, as Aristotle correctly observed. Discretion fosters innovation in government. All administrative decisions must be made with discretion, but to safeguard the notion of the rule of law in administration, it is also necessary to impound decisions and control discretion, lest instances of injustice go unreported and unpunished.
Even though exercising discretion is essential to running the administration, this cannot be done in its entirety. If discretion is unconstrained, authoritarian rule and the rule of law will cease to exist in the nation. No policy can be carried out in the nation without discretion. Democracy won’t be realized if total discretion is granted.
Endnotes:
State of Punjab v. Khan Chand, AIR 1974 SC 543
Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225; AIR 1973 SC 1461
Ram Manohar Lohia v. State of Bihar, [1966] 1 S.C.R. 709
Air India v Nergesh Meerza & Ors, 1981 AIR 1829
This article is authored by Karan Gautam, a student of Delhi Metropolitan Education.
The National Academy of Legal Studies and Research (‘NALSAR’) was established in 1998 by a Statute of the State of Andhra Pradesh. Since its inception, NALSAR has been consistently counted among the top law schools in the country and strives to implement varied strategies to create a vibrant scholastic environment. In light of the same, NALSAR has also continually endeavoured to push legal scholarship towards new paradigms by fostering a strong culture of legal journals.
ABOUT THE JOURNAL
The NALSAR-IAMC ADR Journal (‘The Journal’) is the result of the budding relationship & joint efforts between NALSAR and IAMC. The Journal primarily endeavours to facilitate the development of scholarship in the fields of Arbitration and Alternate Dispute Resolution. In furtherance of the same, the Journal aims to provide a robust platform for legal minds all over the country to showcase their critical thinking and analytical abilities in order to positively contribute to the emergent discourse surrounding Arbitration and Alternate Dispute Resolution. In light of the above, the Editorial Board is pleased to invite submissions for Volume I, Issue I of the Journal.
DEADLINE FOR SUBMISSIONS
All entries shall be submitted by 31st July 2023.
CATEGORIES
The Journal invites submissions under the following categories:
Long Articles (approximately 6000 words)
Short Articles (approximately 4000-6000 words)
Essays (approximately 2500-4000 words)
Kindly note that the aforementioned word limits indicate the upper limit for entries and are exclusive of footnotes.
MANDATE
All submissions made to The Journal must fall under the ambit of Arbitration Law (both domestic and international) and/or Alternate Dispute Resolution.
PROCEDURE FOR SUBMISSION
Authors are hereby requested to comply with the following procedure:
All submissions shall be sent to nalsariamcadrjournal@nalsar.ac.in in .doc or .docx format.
The subject of the email shall be as follows – “Submission for Volume I, Issue I | Name of the Author/Authors – Title of Submission”
The soft copy of the submission shall be in the following format – “[Name of Author/Authors] –Title of Submission”
The submission should be accompanied by a cover email which includes the following details:
Name of the Author / Authors
Contact Details
Designation
Institutional Affiliation
CONTACT DETAILS
All queries may be addressed to nalsariamcadrjournal@nalsar.ac.in. Additionally, the undersigned may also be contacted:
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India has seen a substantial increase in cybercrime recently, posing a growing threat to both culture and economy. Cybercriminals have discovered new ways to take advantage of flaws and carry out their nefarious activities thanks to growing digitization and broad internet usage. Online harassment and cyberstalking are major issues that are becoming increasingly prevalent in today’s digital age. With the widespread use of the internet, type of abuse can have many forms, such as bullying, hate speech, stalking, and revenge porn, and it can cause devastating effects on someone’s life. The internet’s anonymity has made it easier for perpetrators to engage in abusive behaviour and law enforcement often struggles to keep up with the rapidly evolving landscape of online crime.
Cybercrime also puts India’s ambitious digital transformation projects in danger. Fear of cyberattacks may prevent individuals and companies from adopting digital technology, halting development and obstructing the potential advantages of a digital economy. Cybercrime also affects data security and violates privacy, with serious social repercussions. People become more susceptible to identity theft, fraud, and harassment, which undermines faith in online platforms and has an adverse effect on mental health. Due to the cross-border nature of cybercrime, it is challenging to identify and capture offenders, necessitating ongoing tool and skill enhancements for efficient investigations. In addition, the legal system encounters challenges when dealing with cybercrime matters, such as delays and the requirement for specialised knowledge, which impedes the administration of justice.
Types of Cybercrime
It is important to recognize that these crimes are not merely harmless pranks, but heinous criminal acts that have devastating consequences.
Online bullying- This involves the use of electronic communication to harass or intimidate someone.
Doxxing- This is the practice of publishing personal information, such as a person’s address or phone number, with the intent of causing harm.
Revenge porn- This involves the distribution of sexually explicit images or videos without the victim’s consent.
Trolling- This involves deliberately posting inflammatory or offensive comments online to provoke a reaction.
Cyberstalking- This is the persistent and unwanted pursuit or harassment of a person through electronic communication, such as emails, texts, and social media messages.
Impersonation- This involves creating a fake social media account or website to impersonate someone else.
Hacking- This involves gaining unauthorized access to a person’s computer or online accounts with the intent of stealing personal information or causing harm.
Salami Attack- Attackers or hackers frequently utilise the salami attack technique in order to perpetrate financial crimes online. One at a time, cybercriminals take resources or money from a system’s bank accounts. This attack happens when a number of weaker attacks combine to form a more powerful attack.
Script Kiddies- Script kiddie is a derogative term that computer hackers coined to refer to immature, but often just as dangerous, exploiters of internet security weaknesses.
Cyber Laundering- Cyber laundering is when criminals use the internet to establish anonymity or non-traceability for laundering money. It happens in two ways- Instrumental Digital Laundering and Integral Digital Laundering.
Financial Losses & Economic Impact
This article would explore the vicious impact of cybercrime on the Indian economy, highlighting the challenges it poses and the measures required to address this growing concern.
Intellectual Property Theft- The unauthorised use, exploitation, or outright theft of creative works, ideas, trade secrets, and confidential information is known as intellectual property (IP) theft and is otherwise protected by intellectual property laws. There are many different types of IP theft, such as trademark infringement, copyright infringement, and patent infringement. Cyber espionage poses a threat to Indian firms, particularly those operating in the technology and innovation industries. This reduces the value of research, innovation, and competitive advantage, diminishing these industries’ capacity for economic growth.
Online Financial Frauds- Financial Fraud happens when someone deceives you and takes your money or any other kind of assets through illegal means. And when the usurper uses the cyberspace or Internet to conduct its fraudulent measures, it is called online fraud. Cybercriminals target people and steal money from their bank accounts using a variety of strategies, including phishing, identity theft, and credit card fraud. Individuals directly lose money as a result of these fraudulent operations, which undermines their trust in online transactions and electronic payment systems.
Financial Sector Vulnerabilities- Due to the possibility of significant financial gain, the financial industry is a top target for cybercriminals. Attacks on financial institutions, such as banks, payment gateways, and stock exchanges, cause financial losses as well as a decline in public confidence in the banking system. This can undermine economic stability and hinder the flow of investments. These monetary losses have a huge cumulative impact. In India, the cost of cybercrime was predicted to reach over $4 billion per year in 2019 by the Indian Council for Research on International Economic Relations (ICRIER). This sum accounts for both the direct financial losses and the indirect expenses related to reducing the effects of cyberattacks.
Ransomware Attack- In a ransomware attack, the user’s data, folders, or entire device is taken over by the attacker until a ‘ransom’ cost is paid. It is a form of malware from the crypto virology family that threatens to leak the victim’s private information or completely bar access to it if a ransom is not paid. More sophisticated malware employs a method termed cryptoviral extortion, whereas other simple ransomware may just lock the system without deleting any files. By using phishing attacks or malicious websites to infect a PC or a network, ransomware attacks take advantage of unpatched security flaws. Though just simple ransom paying doesn’t ensure data recovery, and furthermore, the cost of data restoration can lead to more financial burdens.
Data Breaches- Sensitive information about people and businesses has been compromised in a number of high-profile data breaches that have occurred in India. These violations have long-term effects in addition to acute pecuniary ones. Businesses may experience negative effects on their income and growth prospects due to legal repercussions, reputational harm, and a loss of customer trust.
Threat Towards ‘Digital India’
India has placed a lot of emphasis on digital transformation programmes to use technology for governance, e-commerce, online services, and financial inclusion. However, the advancement and effectiveness of these transformational endeavours are seriously threatened by cybercrime.
Erosion of Consumer Confidence- Consumer trust in digital platforms, e-commerce, and online services is damaged by cyberattacks. Data breaches, financial fraud, and identity theft occur often, which raises questions about the security of personal and financial data. Consumer behaviour is impacted by the decline in trust, and people are less willing to deal online and divulge personal information. The advantages of digital transformation will not be fully realised without a strong digital ecosystem based on trust.
Compliance & Regulatory Challenges- Regulation and legal frameworks that handle growing threats and safeguard digital transformation projects are needed to combat cybercrime. Effective cybersecurity legislation, data protection laws, and privacy standards must be developed and put into place. Regulating bodies face difficulties keeping up with the rapid growth of cyber threats and establishing a safe and favourable environment for digital transformation. This entails making substantial investments in cybersecurity defences, encouraging digital literacy and awareness, establishing public-private partnerships, and creating a cybersecurity culture within businesses.
Service Disruption- Critical digital services may be interfered with by cyberattacks, putting users through inconvenience and irritation. For instance, a successful DDoS attack on online service platforms or government websites can make them inaccessible, preventing citizens from using vital services. Such interruptions jeopardise the dependability and accessibility of digital platforms, impeding the advancement of initiatives for digital transformation.
Business Disruption
The rise of cybercrimes in India can affect businesses and corporate institutes terribly. They can suffer from financial loss, software disruption, phishing and others.
Financial Implications- Costs associated with recovering from a cyber-attack are substantial. To restore systems and secure data, businesses must spend money on incident response, forensics, and remediation activities. Furthermore, failure to appropriately protect customer data may have legal and regulatory repercussions, such as fines and penalties. Small and medium-sized businesses (SMEs), who may lack the means and knowledge to adequately address cyber risks, may find it particularly difficult to deal with these financial pressures.
Business Resilience- The importance of solid business continuity and disaster recovery planning is highlighted by cyberattacks. Businesses must spend money on preventative measures to safeguard their vital infrastructure, create secure data backups, and establish incident response procedures. If these precautions are not taken, cyberattacks will continue to interrupt business operations and have a greater overall impact.
Downtime and Loss of Productivity- Cyberattacks that cause considerable downtime to corporate activities include distributed denial-of-service (DDoS) attacks and ransomware outbreaks. This downtime results in a loss of productivity and money. Even a small interruption can have a negative impact on supply chains, customer services, and overall operational effectiveness for firms that rely significantly on technology.
Data Privacy is a Myth
To commit, identity, theft and financial fraud, cyber criminals target personal data such as Adhaar or PAN numbers, bank account information, and credit card information. Various illegal activities, such as impersonation, loan fraud, and unauthorised financial transactions, can be committed using stolen identities. Individuals suffer financial losses as a result of these instances, which also reduce confidence in online services and transactions. Privacy and data protection laws are essential for protecting people’s personal information and holding companies accountable. However, regulatory and compliance structures are challenged by cybercrime. Cross-border operations are frequently involved in data breaches, making it challenging to identify and apprehend hackers. To properly address these issues, regulatory frameworks must be strengthened, data privacy laws must be improved, and international cooperation must be encouraged. Businesses in India run the danger of having their proprietary data, trade secrets, and consumer information compromised by data breaches. These hacks may be the result of business espionage to acquire a competitive edge or by hackers looking to make money by selling the stolen data. Financial losses, reputational harm, and a decline in customer trust are all effects. Individuals and companies need to prioritise cybersecurity measures in order to reduce privacy and data security breaches. Implementing robust authentication systems, encryption, and secure data storage procedures are all part of this. Individuals can be equipped to secure their personal information and recognise potential risks by encouraging digital literacy and awareness among them. Businesses should make substantial investments in cybersecurity infrastructure, carry out frequent security assessments, and follow data privacy laws.
Effects of Cybercrime on Society
Our web presence is constantly growing. Whether we buy food in-store or clothes online, every transaction leaves a digital trail that cybercriminals are always trying to exploit. Globally, there are now more cybercrimes due to increased internet usage. According to a National Crime Records Bureau of India report, from 2018 to 2020, there was an 84% increase in cybercrimes in India. Cybercrime affects both small businesses and huge organisations. The numerous negative repercussions of cybercrimes on society are explained in this article.
Effects of Cybercrime on Infrastructure- Cyberterrorism is another serious danger to society. Millions of lives are at risk when cyberterrorists breach infrastructure-controlling systems like air traffic control. The risk of cyberterrorism increases with a country’s level of technological development. Healthcare websites are a target for cybercriminals. Sensitive information about patients and healthcare workers may be exposed. These online crimes can include denial-of-service attacks and malware. Cyberattacks on the healthcare sector could result in more than just monetary losses; they might also endanger the lives of patients.
Effects of cybercrime on Businesses– Assume that when a customer purchases something online, an e-commerce company records their credit card information. Millions of people do business with this enormous company. Let’s imagine that at least 70% of their consumers use debit cards, credit cards, UPIs, digital wallets, etc. to make purchases. This indicates that the company has amassed a sizable online customer database. Hackers can gain access to internal systems if the organisation does not take the necessary precautions to secure and encrypt the sensitive financial information of its clients. Customers’ card information can be accessed, followed back to their bank accounts, and money was stolen. Many people may suffer financial losses as a result, which will produce a huge commotion in society.
Effects on Individuals- Cyberbullying is the practice of using bogus information leak threats to extort online users. The effects of cybercrime extend beyond monetary damage, much like attacks on healthcare facilities. Victims may experience mental health issues like anxiety and depression, which can cause suicidal thoughts. Not only have our phones become smarter as a result of digitization. Smart homes are now possible thanks to artificial intelligence (AI) and the Internet of things (IoT), where you can turn on any device with a voice command. Your modern smart TV enables you to sign up for a variety of streaming services, but in the absence of a reliable security solution, it exposes your payment information to hacking.
How Laws Evolved around Cybercrimes in India
At first, there were no special provisions for cybercrimes in India. The Indian Judiciary added various aspects of cybercrimes in IPC through some landmark judgments like-
State of Tamil Nadu v. Suhas Katti[1]: In this case, the Supreme Court held that the offense of hacking under Section 66 of the IT Act requires proof of mens rea or criminal intent.
Shreya Singhal v. Union of India[2]: In this case, the Supreme Court struck down Section 66A of the IT Act, which criminalized the sending of offensive messages through communication services, as it violated the right to freedom of speech and expression.
K. Srinivas v. State of Karnataka: In this case, the Supreme Court held that the offense of cyberstalking under Section 354D of the IPC includes online stalking and harassment.
Sabu Mathew George v. Union of India[3]: In this case, the Supreme Court held that the offense of publishing or transmitting obscene material in electronic form under Section 67 of the IT Act requires the intention to arouse sexual desire.
Also in,
Anvar P.V. v. P.K. Basheer[4], the Supreme Court of India observed that the increase in cybercrime requires formulating new laws and strengthening existing ones to prevent and prosecute such crimes. The court also emphasized the need for awareness and education programs to inform citizens about the risks of cybercrime and how to protect themselves.
Sharat Babu Digumarti v. Government of NCT of Delhi[5], the Delhi High Court held that the prevention of cybercrime requires the development of technological solutions and the cooperation of law enforcement agencies and internet service providers.
K.M. Shareef v. State of Kerala, the Kerala High Court emphasized the need for strict punishment for cybercrime offenders to deter others from committing such crimes.
Through various Case Laws, the accountability for cybercrimes expanded-
State of Karnataka v. Sri Raghavendra S. Navalgund: In this case, the accused was found guilty of unauthorized access to a computer system and stealing confidential data. The court held that the offense of hacking under Section 66 of the IT Act, 2000 requires proof of criminal intent and dishonesty.
Avnish Bajaj v. State: In this case, the founder of a popular online marketplace was arrested for hosting objectionable content on his website. The court held that the intermediary protection under Section 79 of the IT Act, 2000 can be availed of only if the intermediary takes reasonable steps to remove or disable access to the objectionable content.
Sanjeev Mishra v. State of Uttar Pradesh: In this case, the accused was found guilty of creating a fake social media profile to defame a woman. The court held that the offense of defamation under Section 499 of the IPC also applies to online statements.
Ramkumar v. State of Tamil Nadu: In this case, the accused was found guilty of using a fake identity to stalk and harass a woman online. The court held that the offense of stalking under Section 354D of the IPC includes online stalking and harassment.
Conclusion
In conclusion, the Indian economy and society are significantly impacted by cybercrime. In terms of financial losses, business interruptions, dangers to digital transformation, breaches of privacy and data security, as well as difficulties with law enforcement and justice, it presents considerable hurdles. These effects have wide-ranging repercussions for people, corporations, and society at large. In addition to causing financial losses and identity theft, privacy and data security breaches also erode user confidence in online services, which has an effect on the entire digital ecosystem. Investigation, prosecution, and deterrence of cybercriminal activity are hampered by difficulties in law enforcement and justice, including jurisdictional complications, cybercriminals’ anonymity, and deficiencies in technical expertise.
Endnotes:
State of Tamil Nadu v. Suhas Katti, C No. 4680 of 2004
Shreya Singhal v. Union of India, AIR 2015 SC 1523; Writ Petition (Criminal) No. 167 OF 2012
Sabu Mathew George vs Union Of India And Ors., (2018) 3 SCC 229
Anvar P.V. v. P.K. Basheer, 2014 10 SCC 473
Sharat Babu Digumarti v. Govt. of NCT of Delhi, 2016 SCC OnLine SC 1464
This article is authored by Dibyojit Mukherjee, a student at the Institute of Law, Nirma University.
Maharshi University of Information Technology, NOIDA, U.P. and National Labour Law Association, New Delhi are organising the 3rd Maharishi Mahesh Yogi International Conference On Comparative Labour Laws in South-Asia: Labour and Management Perspective on 28th and 29th August 2023.
About the Conference
The year 2020 was a defining period for countries, particularly, in South Asia. The COVID-19 pandemic caused not only a large number of deaths and displacements but also hastened the process towards digital-centred business models. The rapid growth of the platform economy, MSMEs, and consumers’ preference for online shopping, etc. have created conditions that are entirely different from the conditions for which the prevailing labour laws were enacted. Additionally, the havoc caused by turbulence, both natural (such as flood and drought) and manmade (such as political, trade and religious) have collectively caused humanitarian crises. These developments are having a detrimental effect on the workers, their employability, and their rights at work. In this background, it is imperative for the national governments in the sub-region to understand the ongoing trends in the world of work, examine the working of the social dialogue institutions, and amend the existing labour/employment laws so that the same are in tune with the ongoing changes.
Themes of the Conference
Social Security in South Asia
Current Crisis in Labour Law
Labour Law Reforms: Issues & Challenges
Enforcement of Labour Rights
International Labour Standards in South Asia
Employment of Women
Job Security in South Asia
Collective Bargaining in South Asia
Trade Unions in South Asia
Minimum Standards of Employment in South Asia
Occupational Safety and Health in South Asia
Legal Protection of unorganized workers
Migrant Labour in South Asia
Impact of COVID on Labour and Labour Law
Resolution of Industrial Disputes
Right to form Union and go on Strike
Management of Contract Labor and Outsourcing
Ease of doing business and Labour Law
Sustainability and Labour Law
Workers’ Participation in Management
Corporate Social Responsibility and its utilization in social security fun for unorganized workers
Labour Law Compliances for Start-ups
Human Rights and Businesses
Legal aspects drive Work-Life Balance of Employees
Stakeholders legal protection during Bankruptcy and Insolvency
IPR and Product & Process Layout
Challenges and Opportunities of Involvement of AI in Business
Management Aspects of Indian Ethos
Legal Aspects of Managing the Tourism Industry
Legal protections to Service Industry
Any topic (Multi-disciplinary or inter-disciplinary) related to theme can also be accommodated
The Authors should apply research skills and appropriate research methodology. The research paper should be thematic and desired to be linked to the sub-themes. The length of the abstract should not be more than 500 words. It must be typed in Times New Roman, Font Size 12 on A4 size paper, and margin on all sides with 1.5 line spacing using MS Word application. The Citation Pattern should be as per the Blue-book pattern or APA style.
Footnotes should follow the SILC standard of footnoting. Endnotes are not allowed. At the end of the paper, there should be a brief profile of the author with an E-mail ID, contact number, and address.
The plagiarism of research papers should be less than 20%. The plagiarism will be checked by Editorial Committee.
Registration Fees
For Offline Mode:
Academician/Advocate/Industry Expert:
Single Author: ₹ 1000 INR
With Co-Author: ₹1200 INR
Research Scholar/Student
Single Author: ₹ 700 INR
With Co-author: ₹ 1000/- INR
For Online Mode:
Single Author: ₹ 1200
Co-Author: ₹ 1400
Perks
Best Research Paper Award (Certificate + Memento)
A participation/ Presentation Certificate will be provided.
Selected papers will be published in UGC CARE JOURNAL/ ISBN/Maharishi Journal of Law and Society. (Publication charges for UGC/ISBN shall be borne by participants only.)
Accommodation
The accommodation can be provided to the Participants only on first-cum-first serve basis. The room will be on twin shared basis. The participant has to inform twenty days in advance and is required to pay the accommodation charges as per the university norms. Once registered for accommodation the refund cannot be claimed. No TA & DA shall be provided to the participants.
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