March 28

Cyber Crimes in India; a quick guide .

My facebook page is hacked? What next? What remedy do I have in law?
What is a cyber crime?

As a comman person we often hear about the word cyber crime being used when a computer system, computer resource is hacked or compromised in such manner as to cause a wrongful loss to a person. Cyber crimes can be in other forms too , below is the list of cyber crimes which find a mention in the Information Technology act :

1)      Tampering with the computer system
2)      Sending messages which are offensive and menacing in character
3)      Sending messages such as to fake or confuse the person receiving the messages as to the identity and the origin of the messages
4)      Sending messages with the intent to cause injury, annoyance, mischief etc
5)      Receiving and possessing stolen computer, communication device, computer system and computer resource
6)      Identity theft crimes
7)      Cheating
8)      Cheating by personation
9)      Publishing obscene data
10)   Hindering the privacy of an individual by transmitting, publishing his private photographs
11)   Child pornography and different forms , even browsing collecting and storing of data related to child pornography is an offence under the provisions of law
12)   Cyber terrorism
The cyber crimes that a normal person is faced with every day is either a stealing of his passwords or getting an access to his computer system without due permission or using his fake profile to cause an injury to his reputation or publishing his photographs online in such a manner that appear an hindrance of their privacy or are pornographic in nature. When a person is faced with such cyber crime he generally does not what to do, here is a checklist for the people to prepare before reporting the matter to the cyber crime department, the information and address of whom I would be putting at the end of this article. The check list is as follows:

If you are a victim of hacking
Carry the following information
      • Server Logs
      • Copy of defaced web page in soft copy as well as hard copy format, if your website is defaced
      • If data is compromised on your server or computer or any other network equipment, soft copy of original data and soft copy of compromised data.
      • Access control mechanism details i.e.- who had what kind of the access to the compromised system
      • List of suspects – if the victim is having any suspicion on anyone.
      • All relevant information leading to the answers to following questions –
        • what ? (what is compromised)
        • who? (who might have compromised system)
        • when?(when the systme was compromised)
        • why?(why the system might have been compromised)
        • where?(where is the impact of attack-identifying the target system from the network)
        • How many?(How many systems have been compromised by the attack)
  • If your are a victim of e-mail abuse, vulgur e-mail etc.

    Carry  the following information- 

      • Extract the extended headers of offending e-mail .
      • carry  soft copy as well hard copy of offending e-mail.
      • Please do not delete the offending e-mail from your e-mail box.
      • Please save the copy of offending e-mail on your computers hard drive.
The cyber crime cell  details are : 
Assam
CID HQ,Dy.SP.
Assam Police
contact Details
Ph: +91-361-252-618
      +91-9435045242
E-mail: ssp_cod@assampolice.com
Chennai
Address:
Assistant Commissioner of Police
Cyber Crime Cell
Commissioner office Campus
Egmore, Chennai- 600008
Contact Details: +91-40-5549 8211
E-mail id: s.balu@nic.in
For Rest of Tamil Nadu,
Address: Cyber Crime Cell, CB, CID, Chennai
ph: +91 44 2250 2512
E-mail id: cbcyber@tn.nic.in
Bangalore 
(for whole of the Karnataka)
Address:
Cyber Crime Police Station
C.O.D Headquarters,
Carlton House,
# 1, Palace Road,
Bangalore – 560 001
Contact Details:
+91-80-2220 1026
+91-80-2294 3050
+91-80-2238 7611 (FAX)
Hyderabad
Address:
Cyber Crime Police Station
Crime Investigation Department,
3rd Floor, D.G.P. office
Lakdikapool,
Hyderabad – 500004
Contact Details:
+91-40-2324 0663
+91-40-2785 2274
+91-40-2785 2040
+91-40-2329 7474 (Fax)
cybercell_hyd@hyd.appolice.gov.in
Delhi
CBI Cyber Crime Cell:
Superintendent of Police,
Cyber Crime Investigation Cell
Central Bureau of Investigation,
5th Floor, Block No.3,
CGO Complex,
Lodhi Road,
New Delhi – 3

Contact Details:
+91-11-4362203
+91-11-4392424
Thane
Address:
3rd Floor, Police Commissioner Office
Near Court Naka,
Thane West,
Thane 400601.
Contact Details: +91-22-25424444
Pune
Deputy Commissioner of Police(Crime)
Office of the Commissioner Office,
2, Sadhu Vaswani Road,
Camp,Pune 411001
Contact Details:
+91-20-26123346
+91-20-26127277
+91-20-2616 5396
+91-20-2612 8105 (Fax)
Website:
www.punepolice.gov.in
E-Mail: crimecomp.pune@nic.in
punepolice@vsnl.com
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
 Mumbai 
Address:
Cyber Crime Investigation Cell
Office of Commissioner of
Police office,Annex -3 Building,
1st floor, Near Crawford Market,
Mumbai-01.
Contact Details:
+91-22-22630829
+91-22-22641261
Web site: http://www.cybercellmumbai.com
E-mail id: officer@cybercellmumbai.com
 Haryana
Cyber Crime and Technical Investigation Cell,
Joint Commisioner of Police
Old S.P.Office complex,Civil Lines
Gurgaon
E-mail: jtcp.ggn@hry.nic.in
 Himachal Pradesh
CID Office ,
Dy.SP
Himachal Pradesh
Contact Details 
Ph: +91-94180 39449
E-mail:soodbrijesh9@gmail.com
Jammu
SSP,Crime
CPO Complex,Panjtirthi
Jammu-180004
Contact Details
Ph: +91-191-257-8901
E-mail: sspcrmjmu-jk@nic.in
Kerala
Hitech Cell
Police Head Quarters
Thiruvananthapuram
Contact Details
Ph: +91-471 272 1547
       +91-471 272 2768
E-mail: hitechcell@keralapolice.gov.in
Meghalaya
SCRB,Superintendent of Police
Meghalaya
Ph: +91 98630 64997
E-mail: scrb-meg@nic.in
Orissa
CID,Crime Branch
Orissa
Ph: +91 94374 50370
E-mail: splcidcb.orpol@nic.in
Bihar
Cyber Crime Investigation Unit
Dy.S.P.Kotwali Police Station, Patna
Ph: +91 94318 18398
E-mail: cciu-bih@nic.in
Punjab
Cyber Crime Police Station
DSP Cyber Crime,
S.A.S Nagar,Patiala,
Punjab
Ph: +91 172 2748 100
Uttar Pradesh
Cyber Complaints Redressal Cell,
Nodal Officer Cyber cell Agra,
Agra Range 7,Kutchery Road,
Baluganj,Agra-232001
Uttar Pradesh
Ph:919410837559
e-mail: info@cybercellagra.com
West Bengal
CID, Cyber Crime
West Bengal
Ph: +9133 24506163
e-mail:occyber@cidwestbengal.gov.in
UttaraKhand
Special Task Force Office
Sub Inspector of Police, Dehradoon
Ph: +91 135 2640982
       +91 94123 70272
  The author is a lawyer practicing in the Delhi High Court and other courts of Delhi and can be contacted at lawyer.soniasaini@gmail.com or 9873658554
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March 25

Cheque bounce and the Law …..

The cheque issued to me has bounced, what do I do?


This is the most comman legal problem we all face and we all get in a case of panic and helplessness when we get intimation from the bank that the cheque which was deposited by us has bounced. Before going to the legal remedy and the law, let us understand what cheque bouncing is :

“The cheque bounce in normal terms means the returning of cheque by the bank to which it is deposisted due to either lack of fund in the persons account from which the amount had to be paid or the cheque amounts exceeds the amount which the contract between the customer and bank allows.”

Now the question arises, what the person should do..

1)      Within 30 days from the issue of intimation by the bank issue a notice to the person who issued the cheque to make the payment of the amount.
2)      If the person fails to make the payment within 15 days from the receipt of such notice file a complaint under 138 of negotiable instruments act within 30 days.
3)      Consult a lawyer to file a complaint
The relief which the person can get is either twice the amount of the cheque money or imprisonment of the person for 2 years who issued the cheque
 The author is a lawyer practicing in the Delhi High Court and other courts of Delhi and can be contacted at lawyer.soniasaini@gmail.com or 9873658554

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February 27

HOW TO FILE A CONSUMER COMPLAINT?

 I have divided the procedure in various stages for sake of brevity .
Stage 0: Decide To File
The most common emotions when you have been duped, ignored, insulted or cheated by a company from whom you bought a product is that of helplessness, anger or revenge. You may also hear yourself threatening the company about going to consumer court.

Stage 1: Collect Necessary Documentation
Before a consumer complaint can be filed against a company, you need to ensure that you have all the supporting documentation that you need. These may include the following documents related to the purchase of the product from the company:
·         An invoice or bill for the purchase (Preferably with an invoice number and Tax ID of the company) 
·         Warranty card for products and SLA for services (This is optional) 
·         Proof of payment such as copy of the cheque or credit card statement (This is optional) 
·        Any other communication or record from the company that can show negligence, insensitivity or lack of attention from the company (Telephone call logs made to the company with long wait times, letters from company expressing uncaring attitude etc.) 
·    The registered address of the company. You should be able to find this either in the above documentation, website of the company or from third party sources such as directories.
Stage 2: Send a Notice to the Company

In this step, you will be required to “officially” notify the company of your grievance. Be detailed about what it is that you are complaining about and what you expect the company to do. Be fair in your demands to the company. For example, if a product you purchased for Rs.10000/- is broken due to no fault of yours, ask to either replace the product or refund Rs.10000/- + a small additional sum for any inconveniences caused; do not place unreasonable demands for Rs.50000/- or so :. You are also entitled to ask for interest on any amount paid, if you think you are eligible for it.

Also, when it comes to making demands, be sure to give the company more than one option. For example, company policy might prevent them from giving you a full refund, but they may be open to giving you a replacement product that is superior to the one you purchased. In other words, the more options you give the company, the better your chances are to get your grievance addressed without going to court. When you think of the hassles of going to court, being flexible here will ultimately help you out a lot!

Your notice can be printed in English on a regular A4 size page, signed by you and sent by post to the registered address of the company. Be sure to use either registered post with acknowledgement due or speed post with tracking feature. This is important as you will need legal proof that the company has received your notice.

In your notice, you will need to also give the company some time to redress your grievance. This time should be specified as after the receipt of the notice. Again, be fair when providing time to the company. Anywhere between 15 to 45 days should be adequate depending on the gravity of the matter.

You should also be sure to mention, in a non-threatening manner, your intention to pursue the matter legally should the company fail to address your problem in the given time. The statement could be merely something like this; “You are hereby given fifteen (15) days from the receipt of this letter, to grant and process this demand, failing which, I will be forced to pursue other legal measures including filing a petition with the State Consumer Disputes Redressal Commission (or other competent court or forum with jurisdiction) on this matter”

Important points to take care of in the notice include the following:

·         Providing clarity to the company on the nature of your grievance
·         Providing clarity to the company on how you expect the company to solve your complaint
·         Providing the time frame in which you expect the company to rectify your grievance
·         Providing a polite and stern notification that you intent to pursue the matter legally
With luck on your side, the company will respond to your notice with willingness to resolve the issue. I wish that all the consumer complaints in this country get solved in this manner, but then the chances are that you will have to read on to the next step.

Stage 3: Get Legal Representation

The biggest advantage or hiring a lawyer is that you do not have to read the remaining of this boring article. The advocate will know what to do from here on.
The biggest disadvantage of hiring a lawyer is that good ones don’t come free.
Put simply, if your case is complicated, you have less time to spare and the compensation you seek is large, hire one.

Stage 4: Prepare Your Complaint


As you prepare your complaint, here are a few questions that may come to your mind.
1.  How much time do I have?
According to the Indian Consumer Protection Act of 1986, clause 24A(i) a consumer court shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen’.
2.  What format should I use to prepare a complaint?
It is too much legal jargon to explain the nitty gritty details of preparing a complaint to file in the court. So i will just point you to a few good web pages that have this information already provided. You will need to prepare a complaint and an affidavit as per these suggestions. You need not file the complaint in a stamp paper. It can be filed in a regular legal size sheet or as suggested by your advocate.
o    ICRPC
3.  Which court should I file the complaint in?
Depending on convenience, you can file the complaint in the area you purchased the product from or the area the company did the action to grievance you or any area where the company does business in. Depending on the amount of compensation you claim, you must file the complaint at appropriate courts. If the total amount (of cost and compensation) in your complaint is below Rs. 20 Lakhs, you must file the complaint with the District Consumer Disputes Redressal Forum. If it is between Rs. 20 Lakhs and Rs. 1 Crore, then you must file the complaint with the State Consumer Disputes Redressal Commission. If it is more than Rs. 1 Crore, then you must file with the National Consumer Disputes Redressal Commission.
4.  How to find the address of the court?
The National Consumer Disputes Redressal Commission’s (NCDRC) address can be found at its website.
Here are a few web pages that give the address of the district forums.

Stage 5: File your Complaint
There are several actions involved in this step as listed below:
1.    Along with your complaint and the affidavit, attach a list of documents you are submitting as part of the complaint file. You will need to attach copies of the evidentiary documents. Ensure that you attach only photocopies of the evidentiary documents and not the original. You may also need to sign and attach a Vakalatnama, which is similar to a power of attorney authorizing your lawyer to represent you in court on this case, should you decide to hire a lawyer. 
2.    You will need to approach a Notary and get your complaint file and the affidavit notarized. The Notary who, unless known to you, will require you to show a proof of identification such as your driver’s license, PAN card, passport, ration card or election ID. You will then need to the sign the complaint and the affidavit in front of the Notary after which he/she will notarize the document with his/her Notary seal and signature. Notarization is a process by which the consumer court can ascertain that you are the person you claim you are and that you have actually signed the complaint. 
3.    You will then be required to make a specific number of copies of the complaint. In most cases, you will need to make a total of five copies including three for the court, one for the court to send to the company and one for yourself. I recommend that you visit the court in which you intent to file the complaint and find out exactly how many copies are needed. 
4.    The next action is preparing the court fee payment. Most courts accept Demand Drafts (DD) through a Nationalized Bank duly crossed, drawn in favor of the person as shown in the table as the mode of payment. The recent fee structure is also shown in the following table. I highly recommend that you visit the court to validate these amounts and to verify the mode of payment. 
Amount of Compensation Sought
Court Fee to be Paid
Court with Jurisdiction
Demand Draft drawn in the Favor of
Up to Rs. 1 Lakh
Rs. 100/-
District Consumer Disputes Redressal Forum
President, Consumer Disputes Redressal Forum, (District Name)
Rs. 1 Lakh to Rs. 5 Lakhs
Rs. 200/-
District Consumer Disputes Redressal Forum
President, Consumer Disputes Redressal Forum, (District Name)
Rs. 5 Lakhs to Rs. 10 Lakhs
Rs. 400/-
District Consumer Disputes Redressal Forum
President, Consumer Disputes Redressal Forum, (District Name)
Rs. 10 Lakhs to Rs. 20 Lakhs
Rs. 500/-
District Consumer Disputes Redressal Forum
President, Consumer Disputes Redressal Forum, (District Name)
Rs. 20 Lakhs to Rs. 50 Lakhs
Rs. 2000/-
State Consumer Disputes Redressal Commission
Registrar, State Consumer Disputes Redressal Commission, (State Name)
Rs. 50 Lakhs to Rs. 1 Crore
Rs. 4000/-
State Consumer Disputes Redressal Commission
Registrar, State Consumer Disputes Redressal Commission, (State Name)
Above Rs. 1 Crore
Rs. 5000/-
National Consumer Disputes Redressal Commission
Registrar, National Consumer Disputes Redressal Commission
5.    The last and the most tedious action in this step is to go to the court, locate the receiving clerk, deposit your complaint file and make the court fee payment. Be sure to obtain a receipt of the payment. At this time, the clerk will also give the date a judge will first hear your case (admission hearing) and a complaint reference number. 
6.       The court will then send the complaint to the company and ask them to respond to the claim and hear the claim and decide.
Good luck!!
The author is a lawyer practicing in the Delhi High Court and other courts of Delhi and can be contacted at lawyer.soniasaini@gmail.comor 9873658554
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February 22

Domestic Violence….Say no to it ….Know your Rights

The purpose of writing this article is to make females aware about their right to protection and to seek a remedy in case of Domestic violence in form of protection orders, residence orders, monetary compensation, custody orders and other relief which the court considers appropriate. The whole issue of domestic violence has been categorized into different topics by me for the sake of brevity.
1.    What is Domestic Violence?
  • Physical abuse consisting of harming the limb or causing injury of any form is domestic violence
  • threating the female with the view of extorting money, valuable or for an illegal demand for dowry is domestic violence
  • calling the female by different names such as one who cannot produce kids etc or by ridiculing her is domestic violence
  • Alienating the property of a female or depriving  her of right to property or her stridhan is domestic violence
  • Abusing the female verbally also constitutes domestic violence 
 2. Against whom can orders be passed in the case of complaint of domestic violence?
  •  Husband
  • His family 
  •  Live-in partners
  • Anybody in a domestic relationship with aggrieved person, domestic relationship is relationship of cosagnnuity, adoption, marriage, relationship in nature of marriage, relatives
      3.   What are the orders that can be passed?
  •  Protection order : protecting the aggrieved person from any physical abuse
  •  Residence order: preventing the aggrieved person from being disposed and securing her a place to live in the household
  •  Monetary orders:  compensating her for the loss that has occurred to her due to domestic violence
  • Custody orders: giving the custody of the child in case of complaint considering the welfare of child
  •  Other orders: In case of any other injury or damage
  4. What if the orders are not followed?
       The person can be imprisoned for one year for pay a fine of 25 thousand rupees.
 5. Whom to approach in case of domestic violence?
       Police, he would guide you to protection officer

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