UNIT – 1

 EMERGENCE OF TECHNOLOGY AND INDUSTRIAL REVOLUTION?

 Science, technology and innovation have had a great impact on economic
growth and social development in India. The Government moved from
scientific policy resolution (1958) to the technology policy statement (1983) to
the science and technology policy (2003) and finally to the science, technology
and innovation policy (2013). We can look at our 40-year journey, the pre-
liberalized as well as the post-liberalized India.
 First, India experimented with socialism for more than four decades, which
kept out foreign capital and technologies, but spurred local innovation based on
indigenous technology.
 Second, the Indian economy didn't start growing until the 1990s, so local
companies were small. Indian entrepreneurs, therefore, developed a penchant
for undertaking small projects with indigenous technologies but with huge
capital efficiency.
 Third, local companies knew that while India has both rich and poor people,
catering only to the rich limited their market. They were forced to create
products that straddled the whole economic pyramid, from top to bottom. Thus,
affordable inclusive innovation was firmly integrated in to the strategy.
 Fourth, the most important driver happened to be India's innovation mind-set.
Some Indian leaders had the audacity to question the conventional wisdom.
The mix of miniscule research budgets, small size, low prices, but big
ambitions translated into an explosive combination of extreme scarcity and
great aspiration, which ignited the Indian innovation.
 Defense: India developed diverse missiles and rocket systems, remotely piloted
vehicles, light combat aircraft, etc. BrahMos Missiles is a great example of
Indian prowess in a strategic technology. None of these technologies were
available to India.
 Nuclear energy: The entire range of technologies, from the prospecting of raw
materials to the design and construction of large nuclear reactors was
developed on a self-reliant basis. India's nuclear fast-breeder reactors emerged
from its thrust towards techno-nationalism.
 INDUSTRIAL REVOLUTION
 The term "industrial revolution" is a succinct catchphrase to describe a
historical period, starting in 18th-century Great Britain, where the pace of
change appeared to speed up. This acceleration in the processes of technical
innovation brought about an array of new tools and machines. It also involved
more subtle practical improvements in various fields affecting labor, production,
and resource use. The word "technology" (which derives from the Greek word
techne, meaning art or craft) encompasses both of these dimensions of
innovation.
 Industrialization marked a shift to powered, special-purpose machinery,
factories and mass production. The iron and textile industries became the
mainstay of industrial revolution. From cooking appliances to ships, all had
components of iron and steel. The process went in hyper drive with the advent
of steam engine and ships.
 The industrial revolution took place in the rest of Europe after Britain. It was
mainly inspired by the growth of technology, prosperity, and power of Britain.
The base of the industrial revolution was dependent on local resources, political
will and the socio-economic condition of each individual European country.
 The industrial revolution spread in all corners of the British Empire and took
roots in the United States in the 1860s, after the American Civil War (1861-65).
This part of the revolution is called the Second Industrial Revolution. This
changed America from an agrarian society to an industrial one.
 Some of the innovations of the first industrial revolution:- Steam engine, flying
shuttle, Spinning Jenny, Cotton Gin, Cement & Modern roads, etc.
 THE EVOLUTION OF THE INDUSTRIAL REVOLUTION
 The First Industrial Revolution used water and steam power to mechanize
production. It was the first instance where production shifted from cottage
industry to large production houses or factories. The period of the Industrial
Revolution witnessed the first real progress in medical services since the
ancient civilizations. In 18th-century Britain, however, hospital provision
increased in quantity although not invariably in quality, while a
significant start was made in immunizing people against smallpox
culminating in Edward Jenner’s vaccination process of 1796, by which
protection from the disease was provided by administering a dose of the
much less virulent but related disease of cowpox.
 The Second industrial revolution used electric power for mass production. That
is, large scale machines were brought into the picture. Huge conveyor belts
rolling products one after the other, automobiles and production of electricity,
defined this phase. The discovery of computers laid the path for the third
revolution. The Second Industrial Revolution is also known as the
Technological Revolution. Advancements in manufacturing and production
technology enabled the widespread adoption of preexisting technological
systems such as telegraph and railroad networks, gas and water supply, and
sewage systems, which had earlier been concentrated to a few select cities.
The enormous expansion of rail and telegraph lines after 1870 allowed
unprecedented movement of people and ideas, which culminated in a new
wave of globalization. In the same time period, new technological
systems were introduced, most significantly electrical power and telephones.
 The third phase was the most important as the machines which previously were
electrically driven became electronically driven, that is, it used electronics and
information technology to automate production. This came around in the
middle of the 20th century. The Digital Revolution, also known as the Third
Industrial Revolution, is the shift from mechanical and analogue electronic
technology to digital electronics which began anywhere from the late 1950s to
the late 1970s with the adoption and proliferation of digital computers and
digital record keeping that continues to the present day.
 Now a Fourth Industrial Revolution is building on the third revolution, that is,
the digital revolution that has been occurring since the middle of the last
 century. It is characterized by a fusion of technologies that is blurring the lines
between the physical, digital, and biological spheres.
 FOURTH INDUSTRIAL REVOLUTION?
 Building on the foundation given by the third Industrial Revolution, the fourth
Industrial Revolution is moving from an electronic based industry to a process
which is the combination of human beings and electronics.
 It includes cyber-physical systems, the Internet of things, big data analytics,
cloud computing. Cognitive computing, artificial intelligence, 3-D printing, and
autonomous vehicles etc.
 The best example would be processed artificial intelligence has broken the
distinction between the Man, The Machine and Intelligence.
 Impact of Industry 4.0
 Services and business models improvement. • Reliability and continuous
productivity.
 IT security and better resource utilization.
 Machine safety and better working condition.
 HOW CAN INDUSTRIAL REVOLUTION 4.0 HELP INDIA?
 It can play a major role in alleviating poverty.
 Better and low-cost health care can be achieved through the implementation of
Al-driven diagnostics, personalized treatment,
 Enhancing farmer's income by providing them with the latest technologies,
improvement in crop yield through real-time advisory, advanced detection of
pest attacks,
 It will strengthen infrastructure and improve connectivity to the very last
village.
 Artificial intelligence can be used to empower and enable specially-abled
people.
 It will improve ease of living and ease of doing business using smart
technologies.
 LEGAL ORDER AND TECHNOLOGICAL INNOVATIONS
Information Technology 1. To provide legal recognition for transactions carried out
Act, 2000. by means of electronic data interchange and other means
of electronic communication which involve the use of
alternatives to paper-based methods of communication
and storage of information.
2. To facilitate electronic filing of documents with the
Government agencies.
The Environment 1. To take appropriate steps for the protection and
(Protection) Act, 1986 improvement of human environment.
2. To implement the decisions in so far as they relate to the
protection and improvement of environment and the
prevention of hazards to human beings, other living
creatures, plants and property which is caused by
technological innovations.
The Biological Diversity 1. To provide for conservation, sustainable utilization and
Act, 2002 equitable sharing of the benefits arising out of utilization
of genetic resources.
Narcotic Drugs and 1. To provide adequate penalties for drug trafficking.
Psychotropic 2. To strengthen enforcement powers.
Substances Act, 1985.
The Transplantation of 1. To regulate removal, storage and transplantation of
Human Organs and human organs and tissues for therapeutic purposes and
Tissues Act, 1994. for the prevention of commercial dealings in human
organs and tissues.
The Medical Termination 1. To regulate the conditions for termination of certain
of Pregnancy Act, 1971. pregnancies by registered medical practitioners.
 TECHNOLOGY AND ITS IMPACT ON SOCIETY AND POLITICS?
POSITIVE IMPACT ON SOCIETY
 Communication and Connectivity: Technology has revolutionized
communication, enabling instant and global connectivity through the internet,
social media, and mobile devices. This has facilitated collaboration,
information sharing, and the formation of online communities.
 Access to Information: The internet has democratized access to information,
providing individuals with a wealth of knowledge at their fingertips. This has
empowered people to learn, research, and stay informed on a wide range of
topics.
 Advancements in Healthcare: Medical technologies, such as diagnostic tools,
telemedicine, and wearable devices, have improved healthcare outcomes,
enhanced patient care, and contributed to medical research and treatment
innovations.
 Efficiency and Productivity: Automation and digital tools have increased
efficiency in various industries, streamlining processes and improving
productivity. This has led to economic growth and the creation of new job
opportunities.
 Educational Opportunities: Technology has transformed education by
providing online learning platforms, e-books, and interactive educational tools.
It has expanded access to education globally, offering flexibility in learning
styles and environments.
 Environmental Sustainability: Technology has contributed to environmental
monitoring, renewable energy development, and sustainable practices.
Innovations in clean energy and resource management aim to address
environmental challenges.
 Innovation and Economic Growth: Technological advancements drive
innovation, fostering economic growth and competitiveness. Industries such as
information technology, biotechnology, and artificial intelligence contribute to
job creation and economic development.
 Democratization: Social-media and online platforms have allowed more
people to participate in political discussions, reducing the influence of
traditional gatekeepers and giving voice to marginalized groups.
 Global Collaboration: Technology has facilitated international cooperation on
various issues, such as climate change and global health crises. It enables
nations to work together to address global challenges.
NEGATIVE IMPACTS ON SOCIETY
  Social Isolation: Increased reliance on technology for communication can lead
to social isolation and reduced face-to-face interactions. This may impact
interpersonal relationships and mental well-being.
 Job Displacement: Automation and artificial intelligence can lead to job
displacement in certain industries, potentially causing unemployment and
economic inequality. Society may need to adapt to new skills and job
requirements.
 Privacy Concerns: The collection and utilization of personal data by
technology companies raise privacy concerns. Surveillance, data breaches, and
the potential misuse of personal information have become prevalent issues.
 Digital Addiction: Excessive use of digital devices and online platforms can
contribute to addictive behaviors, affecting mental health and leading to issues
such as internet addiction and gaming disorders.
 Security Threats: The interconnected nature of digital systems introduces
security risks, including cyberattacks, hacking, and the spread of malicious
software. Protecting against these threats requires ongoing efforts and resources.
 Environmental Impact: The production and disposal of electronic devices
contribute to environmental pollution and resource depletion. E-waste
management and sustainable manufacturing practices are essential to mitigate
these impacts.
 Inequality and Access Disparities: Not everyone has equal access to
technology, leading to digital divides based on socio-economic factors. This
can perpetuate existing inequalities in education, employment, and social
opportunities.
 Digital Divide: Not everyone has equal access to technology, creating a digital
divide that can further marginalize disadvantaged populations. This disparity in
access to information can exacerbate existing social and political inequalities.
 Fake News and Misinformation: The ease of spreading false information
online has led to the proliferation of "fake news." This can undermine the trust
in political institutions and lead to polarization and misinformation-driven
decisions.
POSITIVE IMPACTS ON POLITICS
 Increased Access to Information: Technology, particularly the internet and
social media, has democratized access to information. Citizens can easily
access news, government reports, and political discussions, fostering an
informed electorate.
 Enhanced Political Engagement: Social media platforms and online forums
provide spaces for political discussions and engagement. Citizens can express
their opinions, participate in political campaigns, and connect with like-minded
individuals.
 Efficient Communication for Politicians: Technology enables politicians to
communicate directly with the public, bypassing traditional media channels.
Social media platforms allow for real-time updates, policy announcements, and
interaction with constituents.
 Increased Political Transparency: Technology facilitates transparency in
governance. Open data initiatives, online government portals, and digital
 communication tools can make political processes more accessible and
accountable.
 Improved Campaigning and Fundraising: Technology has transformed
political campaigns, making it easier to reach a wider audience and engage
with supporters. Online fundraising platforms enable candidates to raise funds
from a large number of small donors.
 Facilitation of E-Government: Technology has enabled the development of e-
government services, making it more convenient for citizens to access
government information, services, and participate in civic activities online.
NEGATIVE IMPACTS ON POLITICS
 Spread of Misinformation: The rapid dissemination of information through
social media can lead to the spread of misinformation and fake news. This can
distort public perceptions, influence elections, and undermine the integrity of
political processes.
 Filter Bubbles and Echo Chambers: Algorithms on social media platforms
can create filter bubbles, where individuals are exposed to information that
aligns with their existing beliefs. This can contribute to polarization and limit
exposure to diverse perspectives.
 Privacy Concerns: Political campaigns and entities may exploit personal data
collected through technology for targeted advertising, influencing political
opinions and potentially violating individuals' privacy rights.
 Cybersecurity Threats: Technology introduces the risk of cyber-attacks on
political institutions, election systems, and government databases.
Cybersecurity threats can compromise the integrity of political processes and
information.
 Digital Divide: The unequal access to technology can contribute to a digital
divide, where certain demographics or regions have limited access to
information and political participation, exacerbating existing social inequalities.
 Online Harassment and Polarization: Online platforms can be breeding
grounds for harassment, hate speech, and cyberbullying. This toxic online
environment can discourage individuals from participating in political
discussions and contribute to polarization.
 NOTION OF TECHNOLOGICAL SOCIETY?
The notion of the "technological society" is associated with the work of French
sociologist and philosopher Jacques Ellul. Ellul's ideas on the technological society, as
presented in his influential book "The Technological Society" (La Technique: L'enjeu
du siècle), published in 1954, have had a significant impact on the study of the
relationship between technology and society. According to Jacques Ellul, the
technological society is characterized by several key features:
1. Autonomy of Technique: Ellul argued that technology, or what he referred to
as "Technique," had become an autonomous force that followed its own logic,
independent of human control. This autonomy led to the constant expansion
and development of technology.
2. Ubiquity of Technology: In the technological society, technology infiltrates
every aspect of human life. It is not limited to machines or gadgets but extends
 to encompass social, economic, and political structures, as well as cultural
norms and values.
3. Technological Determinism: Ellul believed that technology played a
deterministic role in shaping society. It had the power to influence and even
dictate how people live, work, and interact. Human choices and values were
often subordinated to the imperatives of technology.
4. Rationalization and Efficiency: The technological society emphasizes
rationalization and efficiency as core values. Systems and processes are
optimized for maximum output and productivity, often at the expense of other
values like tradition, ethics, or human well-being.
5. Lack of Critical Reflection: Ellul argued that society often uncritically
embraced and adopted technology without a thorough examination of its
consequences. This lack of critical reflection contributed to the "technological
imperative," wherein society continually seeks more advanced and efficient
technologies without considering the potential drawbacks.
6. Standardization: In the technological society, standardization becomes
prevalent. People's lives and experiences are increasingly homogenized, and
individuality can be overshadowed by the pressure to conform to standardized
technological systems and practices.
7. Economic considerations - appropriate technology, sometimes known as
"intermediate" technology, is more often economic concern and refers to
trade-offs between expensive, central technologies used by rich countries
and those that emerging nations find to be the most practical to use given a
surplus of labor and a lack of resources.
8. Persuasion technology: Definitions or presumptions of progress or
growth in economics are frequently linked to one or more
presumptions regarding the economic influence of technology.
 SOCIOLOGICAL FACTORS AND EFFECTS - By altering expectations
and reality, the application of technology affects a society's values. Values have
an impact on how technology is implemented. There are (at least) three central,
interconnected values that guide technical advancements and are guided by
them:
1. Mechanistic worldview: The idea that the universe can be broken down into
distinct components and comprehended. This is an uncommon instance
of reductionism nowadays. The "neo-mechanistic worldview" asserts that
nothing in the universe is beyond the capacity of the human mind to
comprehend. In addition, even if everything is bigger than the sum of its
parts, even this excess must, in theory, be understood by human intellect
at some point. The absence of any divine or essential principle or essence.
2. Efficiency is a value that was once reserved for machines but is now applied to
all facets of society. As a result, each component is required to reach an ever-
increasing percentage of its maximum performance, output, or capacity.
3. The expression does not refer to particular society but to the idea or notion of
the society.
4. It refers to a technical phenomenon.
5. It refers to the mental attitude of postmodern man that influences the life style
of the people at varying degree.
6. It refers to inter-dependency co-dependence, co-influence, and co-production
of technology and society upon one another
7. Evidence for this synergy has been found since humanity first started using
simple tools.
8. The inter-relationship has continued as modern technologies such as the
printing press and computers have helped shape society
 LAW, ETHICS & TECHNOLOGY
 ETHICS: They are nothing but rules of right and wrong behaviour. Webster
defines ethics ‘the principles of conduct governing an individual or groups.
Ethics is that branch of philosophy that deals with morality. It is concerned
with distinguishing between good and evil in the world, between right and
wrong human actions and between virtuous and non-virtuous characteristics of
people. Ethics entail doing what is right is face of powerful selfish desires.
Ethics is a topic which many people or groups of people tend to disregard. The
decisions taken by business firm or individuals can be influenced by number of
reasons. Many a times money or any monetary gains can influence a person to do
unethical things either on work place or in everyday life. At each stage of life, every
individual face questions with negative or positive consequences.
 Ethics guide the decision-making process and actions of individuals on a broader
prospective. The society is subjected to the implications of rules, legal restrictions,
customs that determine what is right and wrong in the eyes of the society. Thus these
rules upheld the rigid ideas of morals and ethics. Ethics is that branch of philosophy
that deals with morality. It is concerned with distinguishing between good and evil in
the world, between right and wrong human actions and between virtuous and non-
virtuous characteristics of people. Ethics entail doing what is right is face of powerful
selfish desires. Society with a strong code of ethics and moral values leads to a
developed society. In today’s world when everybody is striving for success, very little
place is given to one’s ethics and morals. Depending on the situations faced and
mode of environment, ethics are classified into two major types. Those being:
 PERSONAL ETHICS: Personal ethics is that category of philosophy which
determines what an individual believes about morality and right and wrong. It
is completely outside the domain of community, government and organizations.
Personal ethics can affect all areas of one’s life, including family, friends,
finances and relationships. Personal ethics may vary from person to person. Every
child is taught to not cheat, share things, speak the truth, work diligently and many
other things. The real test arises when the child grows up, skips a traffic light and has
to bribe the police officer. No rule in India or any country in the world has made
following the code of ethics a law. But the sidelining of morals and principles is the
real reason for the world to be in this state of war and violence.
 PROFESSIONAL ETHICS: Professional ethics are codes of conduct or
certain standards that people set in a specific profession. A code of ethics is
expected in every profession in the society today. Respect and honesty are the
two main components of professional ethics. All employees in a company are
expected to represent a business in such a way that the goodwill of the
company is maintained. Again like personal ethics, the professional ethics may
 be different for different persons and their company. Professional ethics
generally talk about the collective good of the company or organization.
 LEGAL ETHICS: In the words of Chief Justice Marshall- “The fundamental
aim of legal ethics is to maintain honour and dignity of the Law profession, to
secure a spirit of friendly cooperation between the Bench and the Bar in the
promotion of higher standards of justice, to establish honourable and fair
dealings with the counsel, with his clients, opponent and witnesses”. Ethics are
a code of conduct written or unwritten for regulating the behaviour of a
practicing lawyer towards himself, client and the Court. It is said that legal
ethics is the body of rules and practice which determine the conduct of the
members of the Bar. The importance of ethics in legal profession is to maintain
honour and dignity of the profession and friendly relation with people.
Legal profession is not a business but a profession which is created for the public
good. The essence of the profession is stated in three things:-
1. Organization of its members for the performance of their function
2. Maintenance of certain standards, intellectual and ethical for the dignity of the
profession
3. Subordination of pecuniary gains to efficient service
 Every technological invention has got both positive and negative impacts on
the society.
 For example, technology provides easier and efficient means of storage and
retrieval of information but at the same time suffers from piracy of copyrighted
materials, software, data, music, video etc. at large scales.
 Internet provides instant access to all sorts of useful information at fingertip but
at the same time suffers from plagiarism, illegal uploading, downloading,
copying, stealing and misuse of intellectual property.
 With the elevating identity theft rates in India, the IT Act of 2000 is being
tightened. According to IT amendment Bill 2006, identity theft is made an
offence punishable with up to five years of imprisonment and a fine.

UNIT – 2
 MODEL LAW OF COMMERCE
 UNCITRAL has adopted the United Nations Conventions on Contracts
a.for the International Sale of Goods ,
b.the Legal Guide on Electronic Funds Transfers,
c.the UNCITRAL Model Law on International Credit Transfers,
d.the UNCITRAL Model Law on International Commercial Arbitration, and
others.
 Adopted on Dec. 1996
 It recommends that all States give favorable consideration to the Model law
when they enact or revise their laws in view of the need for uniformity of the
law applicable to alternatives to paper-cased methods of communication and
storage of information.
 Following the UNCITRAL Model Law on E-Commerce, the Government of
India enacted the Information Technology Act in June ,2000. The Act
facilitates E-commerce and E-Governance in country.
 With an objective of promoting efficient delivery of government services by
means of reliable electronic records, the Government of India enacted the
Information Technology Act in June 2000.
 Components
a. Part – I Electronic Commerce in general 3 Chapters and 15 sections
b. Part – II Electronic Commerce in specific areas 2 sections
 NEED OF MODEL LAW
 In many countries the existing legislation governing communication and
storage of information were inadequate or outdated because they did not
contemplate the use of electronic commerce.
 Many countries lacked in legislations for dealing with E-commerce as a whole
result in uncertainty as to the legal nature and validity of information presented
in a form other than a traditional paper document.
 Inadequate legislation at the national level created obstacles to international
trade.
 PURPOSE/ OBJECTIVES OF MODEL LAW
 Purpose
a. To offer National legislators a set of internationally accepted rules as to
b. how a number of such legal obstacles may be removed, and
c. how a more secure legal environment may be created for what has become
known as electronic commerce.
 Objectives
a. To facilitate rather than regulate electronic commerce
b. To adapt existing legal requirements
c. To provide basic legal validity and raise legal certainty
 BASIC PRINCIPLES
 Functional equivalence: Analyze purposes and functions of paper-based
requirements (“writing”, “record”, “signature”, “original”)
 Media and technological neutrality: Equal treatment of different
techniques (EDI, e-mail, Internet, telegram, telex, fax).
 Party autonomy(principle of non-discrimination ): Primacy of party
agreement on whether and how to use e-commerce techniques.
 CORE PROVISIONS OF THE UNCITRAL MODEL LAW
 Article 5 & 5 bis (Legal Recognition):
a. Information shall not be denied legal effect, validity or enforceability solely
because:
b. it is in the form of a data message or
c. It is incorporated by reference
 Article 6 (Writing): Where the law requires information to be in writing, that
requirement is met by a data message if the information contained therein is
accessible so as to be usable for subsequent reference.
 Article 7 (Signature):
a. Where the law requires a signature of a person, that requirement is met in
relation to a data message if:
b. a method is used to identify that person and to indicate that person's approval of
the information contained in the data message; and
c. that method is as reliable as was appropriate for the purpose for which the data
message was generated or communicated, in the light of all the circumstances,
including any relevant agreement.
 Article 8 (Original)
a. Where the law requires information to be presented or retained in its original
form, that requirement is met by a data message if:
b. where it is required that information be presented, that information is capable
of being displayed to the person to whom it is to be presented.
 Article 9 (Evidence): In any legal proceedings, nothing in the rules of
evidence shall apply so as to deny the admissibility of a data message in
evidence solely because it is a data message.
 Article 10 (Retention):
a. Legal requirement for retention of data:
b. the information contained therein is accessible so as to be usable for
subsequent reference; and
c. the data message is retained in the format in which it was generated, sent or
received,
d. such information, if any, is retained , enables the identification of the origin,
destination ,date and time of a data message when it was sent or received.
 (Article 11): Formation and validity of contracts:
a. an offer and the acceptance of an offer may be expressed by means of data
messages.
b. Where a data message is used in the formation of a contract, that contract shall
not be denied validity or enforceability on the sole ground that a data message
was used for that purpose.
 (Article 12) Recognition by parties of data messages: As between the
originator and the addressee of a data message, a declaration of statement shall
be valid or enforceable.
 (Article 13) Attribution of data messages:
a. A data message is that of the originator if it was sent by the originator itself.
b. As between the originator and the addressee, a data message is deemed to be
that of the originator if it was sent:
 Article 15 (Time and place of dispatch and receipt): A data message is
deemed to be sent when it enters an information system outside the control of
the originator.
 CASE LAWS
 Khoury v. Tomlinson is a landmark case decided by the Texas Court of
Appeal. The facts of this case are such that an agreement was entered via e-
mail which was not signed but only the name of the originator appeared in the
"from" section. Referring to the principles in Article 7 of the Model Law, the
court found sufficient evidence that the name in the 'from' section establishes
the identity of the sender.
 Chwee Kin Keong and others is a case dealt with by the Singapore High
Court. There was the issue of unilateral mistake in this case as the wrong price
was quoted on the seller's website for a product. The server of the seller
automatically sent a confirmation mail when the buyers placed an order. All the
 elements of the contract were established but with a mistake which eliminated
consensus ad idem. Referring to the Singapore Electronic Transactions Act
based on Model Laws, the court found that human errors, system errors, and
transmission errors could vitiate a contract.
 ONLINE CONTRACTING - I.T. Act, 2000 does not define e-contracts but
gives validity to them. E-contracts are those contracts which are entered into by
the parties to the contract through internet or computer network or by the use of
any electric means. In Hotmail Corporation v. Van Money Pie Inc (1998),the
court was asked to rule on the validity of the ‘clickwrap’ contract that the users
of the Hotmail service were required to execute. The court upheld the validity
of clickwrap contracts stating by clicking the ‘I agree’ button on the page where
the details of the contract are listed, the parties bind themselves to a contract
under the terms contained in that webpage
 TYPES:
 SHRINK-WRAP AGREEMENTS are usually the licensed agreement
applicable in case of software products buying. In case of shrink-wrap
agreements, with opening of the packaging of the software product, the terms
and conditions to access such software product are enforced upon the person
who buys it. Shrink-wrap agreements are simply those which are accepted by
user at the time of installation of software from a CD-ROM, for example,
Nokia pc-suite. Though, in India, there is no stable judicial decision or
precedent on the validity of shrink-wrap agreements. When a-user tears open
the shrink-wrap packaging or clicks a button indicating acceptance, they are
legally agreeing to the terms specified in the agreement. These terms often
cover issues such as licensing, warranty disclaimers, limitations of liability, and
other contractual obligations.
Shrink-wrap agreements have been the subject of legal scrutiny, and their
enforceability can depend on factors such as the clarity of the terms, the
conspicuousness of the notice, and whether the user had a reasonable opportunity to
review the terms before agreeing. Despite these considerations, shrink-wrap
agreements have become a common method for software developers and distributors
to establish contractual relationships with end-users.
 CLICK- WRAP AGREEMENTS are web-based agreements which require
the assent or consent of the user by way of clicking “I Agree’ or “I Accept” or
“Ok” button on the dialog box. In click –wrap agreements, the user basically
have to agree to the terms and conditions for usage of the particular software.
Users who disagree to the terms and conditions will not be able to use or buy
the product upon cancellation or rejection. A person witnesses web-wrap
agreement almost regularly. In a clickwrap agreement, users are required to
manifest their assent to the terms and conditions by clicking a button or
checking a box, indicating that they have read, understood, and agree to abide
by the terms presented. This method of obtaining user consent is commonly
used in the digital realm and is designed to ensure that users are aware of the
terms governing their use of a particular service or software. Clickwrap
agreements are prevalent in various online transactions, from software
installations and updates to online purchases and access to web services. They
 serve as a means for companies to establish a contractual relationship with
users while providing a record of user consent that can be legally enforceable.
It is important for users to carefully review clickwrap agreements to understand
the rights and obligations associated with the use of a particular digital service
or product.
 BROWSE WRAP AGREEMENT An agreement made intended to be
binding on two or more parties by the use of website can be called a browse
wrap agreement. In case of browse wrap agreement, a regular user of a
particular website deemed to accept the terms of use and other policies of the
website for continuous use. Unlike clickwrap agreements that require users to
actively manifest their assent by clicking a button or checking a box, browse
wrap agreements do not involve any explicit action by the user to signify
agreement. Instead, users are deemed to accept the terms simply by continuing
to use the website or service. The hyperlink to the terms is often labelled as
"Terms of Service" or "Terms and Conditions" and is accessible for users to
review. While browse wrap agreements are convenient for website operators,
they can raise legal challenges concerning the adequacy of user notice and
consent. Courts may scrutinize the placement, visibility, and clarity of the
hyperlink to ensure that users are reasonably informed of the terms.
Enforceability of browse wrap agreements can depend on factors such as
conspicuousness and whether users had actual or constructive knowledge of the
terms. It is crucial for website operators to design their browse wrap
agreements carefully to enhance transparency and mitigate potential legal
issues related to user consent.
 ELEMENT OF ONLINE CONTRACTING
 OFFER – One of the most essential elements of online contract is the
requirement of an offer to be made. There must be a lawful proposal or offer
made by one party known as the proposer and it is the starting point of a
contract. A proposal must be distinguished from the invitation to offer or treat
and must be made with an intention to create legal relationship. An offer or
proposal is revocable and can be withdrawn at any time before it is accepted
because once it is accepted by the other party, it becomes a promise.
 ACCEPTANCE – When a proposal or offer is made is accepted by the person
to whom the offer is made, it becomes a promise. The acceptance of the
proposal must be unconditional and absolute and must be communicated to the
proposer or the offeror. In case of an online contract, offer and acceptance can
be made through e-mails or by filing requisite form provided in the website.
They may also need to take an online agreement by clicking on ‘I Agree’ or ‘I
Accept’ for availing the services offered.
 INTENTION TO CREATE LEGAL RELATIONSHIP – If there is no
intention of creating legal relationship on the part of the parties to contract,
there is no contract between them. It is an essential element of valid contract
that parties to the contract must have intention to create legal relationships.
 LAWFUL CONSIDERATION – Consideration is one of most important
elements of a contract. Consideration is something of some value in the eyes of
law. It may be of some benefit, right, interest or profit given to the party as
 inducement of promise. For e.g., an online site that offers purchase of land in
moon.
 CAPACITY OF PARTIES – Parties to a contract must be capable of entering
into a contract. He must attain the age of majority and must be of sound mind.
He must not be disqualified from contracting by any law for the time being in
force. In our country an agreement where either party is a minor has no
significance. It is considered as void ab-initio. In the case of Mohori Bibee vs.
Dharmodas Ghose, it was held by the Privy Council that an agreement by a
minor is void.
 FREE CONSENT – Consent which is defined under Section 13 of the Indian
Contract Act, 1872 is an essential requirement of a contract. It is basically the
meeting of minds of the parties. When both agree upon the same thing in the
same manner, they are said to consent. In case consent is caused by coercion, it
is voidable at the option of the party whose consent was so caused.
 APPLICABILITY OF INFORMATION TECHNOLOGY ACT, 2000
 10A. Validity of contracts formed through electronic means.- Where in a
contract formation, the communication of proposals, the acceptance of
proposals, the revocation of proposals and acceptances, as the case may be, are
expressed in electronic form or by means of an electronic record, such contract
shall not be deemed to be unenforceable solely on the ground that such
electronic form or means was used for that purpose.
 Sec. 10 A resembles with the Article 8 of the UN Convention on the use of
Electronic Communications in International Contracts.
a. The Supreme Court in TRIMEX INTERNATIONAL FZE LTD. DUBAI V.
VEDANTA ALUMINUM LTD 2010 (1) SCALE 574 recognizing the
validity of e-transaction has held that e-mails exchanges between parties
regarding mutual obligations constitute a contract.
b. It was held in the case of BHAGWANDAS GOVERDHANDAS
KEDIA V. GIRDHARILAL PARSHOTTAMDAS, “that ordinarily, it is the
acceptance of offer and intimidation of that acceptance which results in a
contract. This intimation must be by some external manifestation which the law
regards as sufficient. Hence, even in the absence of any specific legislation
validating e-contracts cannot be challenged because they are as much valid as a
traditional contract is.”
 EVIDENTIARY VALUE OF ELECTRONIC CONTRACTS
 The evidentiary value of electronic contracts has been given recognition and
can be understood in the light of various sections of Indian Evidence Act.
 Sec 65B of the Indian Evidence Act deals with the admissibility of electronic
records.
 As per Sec 65B of the Indian Evidence Act any information contained in an
electronic record produced by the computer in printed, stored or copied form
shall deemed to be a document and it can be admissible as evidence in any
proceeding without further proof of the original subject to following conditions
are satisfied such as
 the computer(Electronic device) from where it was produced was in regular use
by a person having lawful control over the system at the time of producing it,
 during the ordinary course of activities the information was fed into the system
on a regular basis,
 the output computer was in a proper operating condition and have not affected
the accuracy of the data entered.
 REMEDIES FOR BREACH OF ONLINE CONTRACT
 There is no specific rule in case of breach of online contract but the rules
regarding remedies for breach of contract can be followed as provided in The
Indian Contract Act. A valid contract gives rise to co- relative rights and
obligations and they are enforceable in the court of law when infringed on
breach of contract. The Contract Act mainly talks about two remedies for the
breach of contract such as Damages and Quantum Merit.
 Sec 73 and Sec 74 of the Indian Contract Act, 1872 deals with the rules
regarding the remedy of damages on breach of contract. The person whose
rights are infringed by the breach of contract may bring an action for damages
or compensation in terms of monetary value for the loss suffered by the party.
 the famous case Hadley vs. Baxendale, According to the rules laid down in this
case, there can be damages which naturally arose on the usual course of things
from such breach of contract and can be called ordinary damages and secondly,
damages for loss arose from special circumstances i.e. special damages. There
are also other kinds of damages mentioned in the Act such as nominal damage,
pre- contract expenditure, compensation for mental agony and liquidated
damages.
 JURISDICTION ISSUE IN E-COMMERCE
 E- commerce plays a vital role in nearly every sphere of life- with simply just a
click of the mouse we can pay our electricity/telephone bills, do online
shopping, transfer money to persons in different parts of the globe, conduct
business deals etc. An online transaction may be explained as a way of
conducting business by utilizing computer and telecommunication technology
to exchange data or conduct business. However, this boom in internet
transactions has brought a host of issues regarding jurisdiction of such
transactions to the forefront.
 The Indian position theoretically matches with the US rule of minimum
contracts. For civil matters, the Code of Civil Procedure, 1908 governs the
jurisdiction aspect.
 Section 19 of the Act states that where a suit is instituted for compensation on
account of wrong done, if such a wrong was committed within the local limits
of the jurisdiction on one court and the defendant resides in or carries on
business, within the local limits of the jurisdiction of another court, the suit
may be instituted at the option of the plaintiff in either of the courts.
 Section 20 of the CPC further provides that the suit shall be instituted within
the local limits of whose jurisdiction the defendant resides or the cause of
action arises. For example, A is a tradesman in Calcutta. B carries on business
in Delhi. B buys goods of A online and requests A to deliver them to the East
Indian Railway Company. A delivers the goods accordingly in Calcutta. A may
sue B for the price of the goods either in Calcutta, where the cause of action
has arisen, or in Delhi, where B carries on business.
 Further, Section 13 of CPC provides that a foreign judgment is to be conclusive
as to any matter which has been directly adjudicated upon between the same
parties or between parties under whom they or any of them claim litigating
under the same title except under certain specified conditions. Talking about
the presumption as to foreign judgments the provisions of the Act states that the
Court shall presume upon the production of any document purporting to be a
certified copy of a foreign judgment that such judgment was pronounced by a
Court of competent jurisdiction, unless the contrary appears on the record; but
such presumption may be displaced by proving want of jurisdiction
 Casio India Co. Ltd. Vs Ashita Tele Systems Pvt. Ltd. 2003 The Hon’ble
Delhi High Court has observed that once access to the Defendants website
could be had from anywhere else, jurisdiction could not be confined to the
territorial limits of the place where the Defendant resided and the fact that the
Defendants website could be accessed from Delhi was sufficient to invoke the
territorial jurisdiction of a court in Delhi.
 (India TV) Independent News vs India Broadcast Live 2007. Here the Delhi
High Court differed with its earlier judgment in Casio India. The Court holds
that jurisdiction of the forum court does not get attracted merely on the basis of
interactivity of the website which is accessible in the forum state but yet held
that. if the Defendants website is interactive, permitting browsers not only to
access the contents thereof but also to subscribe to the services provided by the
owners/operators, then courts jurisdiction at the place where the website is
accessed from is permissible
 DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
 Electronic Signature is more of an assent on the given document without
asserting the validity of the contents of the same. It could also refer to the
image affixed in the document as simple as an Image to asset the given content
or to display that the given party has given their consent to the same. It can be
easily tampered or easily misconfigured as compared to the digital signature.
Electronic signatures cannot easily be verified with regards to the time and
place, Audit Logs are not easily applied to electronic signatures. Electronic
Signature provides an electronic representation of the individual’s identity that
provides the proof of consent and assents to the facts of the given signature. In
toto, it’s an approval from the signatory that he assents to the written format of
the same electronically. It is important to ensure that it is coming from the
authorised signatory and has made no modifications to the document. The
European Union Regulation 910/214 defines and regulates electronic signature
as “in electronic form which is attached to or logically associated with other
data in electronic form and used by the signatory to sign”.
 Digital signatures are more safeguarded and cannot be easily tampered with.
In case there are any changes made to the document and are sent back to the
original signee, the digital signature shows as invalid signature. It discloses the
identity of the individuals and provides a definite identity which is very vague
as compared to Electronic Signature. A signature is a symbolic and essential
representation of one’s identity. Signature of a person holds a very significant
place in the field of law as well as while carrying out transactions. When a
 person signs a particular document, it means that such a person has read the
whole document carefully, has verified the facts and is aware of the contents of
the document and therefore is giving his assent to the best of his knowledge.
Under the contract law also, signature holds a vital position as it is considered
as a sign of acceptance of an offer. The Conventional form of signatures has
evolved a lot due to technological advancement. With the increased usage of
online transactions and e-mails, the risk of the data being hacked has also
increased. Hence, the concept of online signatures has become relatively
important.
 UNCITRAL MODEL LAW ON ELECTRONIC SIGNATURES 2001
“The increased use of electronic authentication techniques as substitutes for
handwritten signatures and other traditional authentication procedures has suggested
the need for a specific legal framework to reduce uncertainty as to the legal effect that
may result from the use of such modern techniques.
 DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE AS
DEFINED UNDER THE LAW
Electronic Signature - Sec 2 (ta) of Information Technology Act 2000
“Authentication of any electronic record by a subscriber by means of the electronic
technique specified in the second schedule and includes digital signature.” The
definition of electronic signature includes digital signature and other electronic
techniques which may be specified in the second schedule of the Act; thus an
electronic signature means authentication of an electronic record by a subscriber by
means of electronic techniques.
 TYPES OF ELECTRONIC SIGNATURE
 Unsecured Signature - Since Electronic Signature is more of an unsecured
type of signature, there are affixations that are marked in the end for reference.
they can be easily tampered and not provide much of the focus on the
authenticity of the Identity. Following are the types of Electronic Signature:
 Email Signature– Just merely typing one’s name or symbol in the end of an
email or sending a message on letterhead, they can easily be forged by anyone
else.
 Web Based Signature– In many organizations, the Company dons many hats
with regards to activities conducted in the Organizations, this may make the
organization fall for Web-based clickwrap contracts in which the acceptance is
made merely by clicking a single button.
 Secured Signature - This includes the signatures which are digitally secured
and also which have more legal weightage.
Digital Signature - According to section 2(1)(p) of the Information Technology Act,
2000 digital signature means the authentication of any electronic record by a person
who has subscribed for the digital signature in accordance to the procedure mentioned
under section 3 of the same act. Section 5 of the Information Technology Act, 2000
gives legal recognition to digital signatures.
 USAGE OF DIGITAL SIGNATURE
 Personal Use- It is at the liberty of the individual to use the signature
personally without creating the hassle to personally be at the given place.
  Business– Professions such as Architecture, Construction and
Engineering Companies require to sign the tenders, market
procurements or even biddings, Digital signature can prove to be a great
way to provide the assent.
 Return filing for GST– GST filing and E-filing causes the individuals
to compulsory opt for Digital Signatures.
 Filing for Income Tax– Some corporations require the business to file
the tax all over India, thus saving the light of the day.
 FEATURES OF DIGITAL SIGNATURE
 The authenticity of the sender - The person who receives the electronic
message or document is able to realise who is the sender of the message. The
digital signature makes it possible to verify the name of the person signing the
message digitally.
 The integrity of the message - The receiver of the electronic message is able
to determine whether he/she has received the original document or whether the
document has been altered before the receipt or not.
 Non- Repudiation - The sender of the message cannot refute the contents of
the electronic message and cannot deny that he/she had never sent the
message.
 BENEFITS OF DIGITAL SIGNATURE
 Authenticity.
 Non-deviability.
 Message cannot be altered in between the transmission.
 AUTHENTICATION USING DIGITAL SIGNATURE - The authentication
of the electronic record is done by creating a digital signature which is a
mathematical function of the message content. Such signatures are created and
verified by Cryptography, which is a branch of applied mathematics.
 Asymmetric Encryption - Can only be decrypted using a publicly available
key known as the ‘Public Key’ provided by the sender. The procedure has been
under Section 2(1)(f) of the Information Technology Act, 2000. Under this
system, there is a pair of keys, a private key known only to the sender and a
public key known only to the receivers. It is also known as the ‘principle of
irreversibility’
 Symmetric Encryption -There is only a single key known to both the sender
and the receiver. Under this system, the secret key or the private key is known
to the sender and the legitimate user. This secret key is used for both encryption
and decryption of the message. The only drawback of this symmetric
encryption is that as the number of pairs of users increases, it becomes difficult
to keep track of the secret keys used.
 PROBLEMS WITH DIGITAL SIGNATURE
 It functions online. Therefore, it has to be either purchased or downloaded
 It lacks trust and authenticity
 DIGITAL SIGNATURE CERTIFICATE (DSC)
 A method to prove the authenticity of an electronic document.
 It can be presented electronically to prove the identity, to access information or
sign certain documents digitally.
  The Central Government has appointed a Controller of Certifying Authorities
who grants a license to the Certifying Authorities to issue digital signature
certificates to the subscriber.
 The DSC is valid up to a maximum period of three years.
 WHO NEEDS A DSC?
Vendor and Bidder, Chartered accountant, Banks, Director of a company, Company
secretary, Other authorized signatories.
 ELEMENTS OF DIGITAL CERTIFICATE - Owner’s public key, Owner’s
name, The expiration date of public key, Name of the issuer, Serial number of
the certificate, digital signature of the user.
 TYPES OF CERTIFICATES
 Only Sign– It could only be used for signing a document. It is widely used in
signing PDF Files for the purpose of filing Tax Returns for usage as an
attachment for Ministry Of Corporate Affairs or other government websites
 Encrypt– It is used to encrypt a particular document. It is popularly used in
tender portals to help a company encrypt a document before uploading it.
 Sign along with Encryption– It is used for both signing and encrypting a
particular document.
 DSC UNDER THE INFORMATION TECHNOLOGY ACT, 2000
 Section 35: Any person who wishes to get a Digital Signature Certificate may
file an application to the certifying authority for issuance of the Electronic
Certificate along with the submission of the required amount of fees not
exceeding Rs. 25,000, including a statement of certification practice or stating
such particulars as prescribed.
 Section 36: Representations upon issuance of the DSC.
 Section 37: Suspension in public interest, not more than 15 days, unless given
the opportunity to present the case.
 Section 38: Revocation on death or request of a subscriber, dissolution of a
company or a firm.
 E-PAYMENTS & E-BANKING - Electronic payment, often referred to as e-
Payment, is a financial transaction made electronically, without the use of
physical cash or checks. It has revolutionized the way individuals, businesses,
and governments conduct financial transactions. This document will provide an
overview of the concept of e-Payment, its various forms, benefits, challenges,
and the technologies behind it. Types of electronic payment systems
 TYPES
 E-Money - The definition of electronic money as per the reports of the Reserve
Bank of India in their 2002 report broadly defines this term as “ an electronic
store of monetary value on a technical device used for making payments to
undertakings other than the issuer without necessarily involving bank accounts
in the transaction, but acting as a prepaid bearer instrument”. The electronic
money is divided into two parts which are prepaid store value card and digital
wallets which includes Unified Payment Interfaces (UPI) as well.
 Prepaid Stored Value Card/ Electronic Purse - An electronic purse is
defined as the store of value on a card, which can be used in a manner similar
to cash to pay for travel or other small-scale transactions. The electronic
 “purse” is secure information stored in a dedicated area or file in the smart-card
as per the reports of the world bank. Different types of electronic purses are
tokens, transport money, micro-purchases etc.
 Unified Payment Interfaces (UPI) - Unified Payment Interfaces are defined
as A UPI ID and PIN are sufficient to send and receive money. Real-time bank-
to-bank payments can be made using a mobile number or virtual payment
address (UPI ID). these UPI based payment systems have been developed by
the National Payments Corporation of India (NPCI), they have been introduced
from the year 2015 but gained popularity shortly after the demonetisation.
 Credit Card - The credit cards that are seen now were introduced in the year
1950 and the main purpose for it was for entertainment and business travel
reasons, where the individual owners of the credit cards were charged at the
end of the month.
 Bank transfers - This type of transfers can be done with the help of the
internet virtually, and this allows the person to transfer or withdraw a sufficient
amount that is needed just by a single click.
 ADVANTAGES OF ELECTRONIC PAYMENTS
 Speed and efficiency– electronic payments are convenient as they provide a
hassle-free means of payment, as the individuals making any sort of payment
does it at their own time and convenience, whereas the traditional forms of
payments require the individual who wants to make the payment to be
physically present while making the payment and is more time taking and has a
lot of restrictions of time etc.
 Increase in the number of sales– with the increase of the sales through online
mode, sales have increased and the people who resort to electronic modes of
payments have increased as well. It has come to a point where individuals do
not carry a lot of hard cash in their wallets and most individuals prefer to keep
the digital or electronic type of money and pay with the same when needed.
 Transaction costs are reduced– transaction costs are eliminated or reduced
while making payments through the electronic method, where the traditional
method costs additional charges such as if an individual is going to shop there
will be additional expenses such as the expense incurred to travel till the shop
for purchase.
 DISADVANTAGES OF ELECTRONIC PAYMENTS
 Concerns relating to security– Although a majority of the electronic payment
systems have encryption in place, there is still a risk of phishing where private
information is hacked from unsuspecting users to hack information such as
financial and personal information. There is high security that is available for
these electronic payment systems, making many people scared to use this form
of payment.
 Disputes in Transactions– If a dispute takes place in the electronic payment, it
can be refunded but without sufficient information that can prove the same it
will be very difficult to do so.
 Increase in the cost of business– Business has a lot more additional costs with
the progression of popularising the electronic form of payment a lot of the
businesses which have their own form of electronic payment have to incur
 additional costs so as to ensure that the sensitive information of the individual
while making the payments are secured and protected.
 REGULATORY BODIES GOVERNING ELECTRONIC PAYMENTS IN
INDIA
 Reserve Bank of India - The Reserve Bank of India (RBI) is the primary
regulator for electronic payments in India. In the beginning, the regulations
governing this ambit was very general till recently where it turned into full-
fledged regulation due to increased use of the electronic payment system.
 Digital transactions- Ombudsman Scheme - On January 31, 2019, under the
approval of the RBI, the banking ombudsman was appointed to take care of
matters relating to unauthorised money transfers, frauds etc. which were
accorded during any digital transaction. It was an easier approach for customers
to approach in the time of need.
 E-BANKING - E-banking has been defined in law lexicon as banking
activities accessed by using a computer, employing modems and telephones. In
e-banking, ‘e’ stands for electronic and the banking has been defined as ‘an
acceptance of money from the public, for purpose of lending or investment of
money, which is withdrawable by cheque, draft or otherwise and banking by
using electronic devices is e-banking.
 FEATURES
 Using internet facility.
 removes the traditional geographical barriers
 banking transactions at all time and on the days including holidays and
Sundays.
 It is based on science and technology i.e. use of electronic devices which saves
time and energy of banker and customer.
 ONLINE BANKING SERVICES PROVIDED BY BANKS
 Core Banking- Core Banking is a general term used to describe services
provided by a group of networked bank branches.
 ATM (Automated Teller Machine) – ATM is a Computerized machine that
permits bank customers to gain access to their Accounts with Magnetically
encoded plastic card & a Code number. It enables the customer to perform
several banking operations without the help of Teller such as to Withdraw Cash,
Make Deposits, Pay Bills, Obtain Bank Statements & Effective Cash Transfer.
 Plastic Cards (Debit & Credit Cards) – Plastic Cards have gained greater
acceptance & Momentum as a Medium Financial Transaction. Credit Card
provides Cash Free & anywhere and anytime Shopping to the Customers but
with fixed limit prescribed by Banks. Debit Card, unlike Postpaid Credit Card,
is a Pre-paid Card with some Stored value.
 Mobile Banking – Mobile Banking is an extension of application such as
Phone Banking & Online Banking. It can be defined as a channel where by
Customers interact with a Bank through a Mobile Device, e.g. Cell Phone.
 Real Time Gross Settlement System (RTGS) – The acronym “RTGS” stands
for Real Time Gross Settlement. The RTGS system facilitates transfer of funds
from accounts in one bank to another on a “real time” and on “gross
 settlement” basis. The RTGS system is the fastest possible interbank money
transfer facility available through secure banking channels in India.
 National Electronic Funds Transfer (NEFT) - The acronym “NEFT” stands
for National Electronic Funds Transfer. Funds are transferred to the credit
account with the other participating Bank using RBI's NEFT service.
 ONLINE BANKING THREATS
 Password Stealing and Identity Theft – These types of attacks rely on the
ability of the attacker to fool users into giving up their personal information
and credentials. Identity theft refers to all types of crime in which someone
illicitly obtains and uses another person's personal data through deception or
fraud, typically for monetary gain.
 Phishing – These attacks use social engineering to trap people into giving up
their personal information. Users are sent bogus emails that lure users to
Internet sites that mimic legitimate sites. Many users, unaware that criminal
intent is behind such e-mail.
 Spyware - Software that enables a user to obtain covert information about
another's computer activities by transmitting data covertly from their hard drive.
 Computer virus – It is a malware program that, when executed, replicates by
inserting copies of itself into other computer programs, data files, or the boot
sector of the hard drive; when this replication succeeds, the affected areas are
then said to be "infected".
 Trojan - in this way may require interaction with a malicious controller (not
necessarily distributing the Trojan horse) to fulfill their purpose. It is possible
for those involved with Trojans to scan computers on a network to locate any
with a Trojan horse installed, which the hacker can then control.
 CHALLENGES IN E-BANKING
 Confidentiality, integrity and authentication
 Customer awareness and satisfaction
 Development of skill of bank personnel &
 Handling Technology
UNIT - 3
 CYBER JURISDICTION
 The internet can be seen as a multi jurisdictional because of the ease which a
user can access of website anywhere in the world. It can be even viewed as a
jurisdictional issue in the sense that from the user‘s perspective that the state
and national borders are essentially transparent. For courts determining
jurisdiction situation is more problematic.
 The whole trouble with internet jurisdiction is the presence of multiple parties
in various parts of the world who have only a virtual nexus with each other.
Then, if one party wants to sue the other, where can he sue?
 However, in the context of the internet or cyberspace (Cyberspace is the
electronic medium of computer networks, in which online communication
takes place), both these are difficult to establish with any certainty.
 Because cyberspace has no geographical boundaries, it establishes immediate
long-distance communications with anyone who can have access to any
website. Usually an internet user has no way of knowing exactly where the
 information on a site is being accessed from. Here, i.e., in cyberspace,
jurisdiction issues are of primary importance. As Internet does not tend to make
geographical and jurisdictional boundaries clear, Internet users remain in
physical jurisdictions and are subject to laws independent of their presence on
the Internet.
 In each case, a determination should be made as to where an online presence
will subject the user to jurisdiction in a distant state or a foreign company. As
such, a single transaction may involve the laws of at least three jurisdictions:
a. The laws of the state/nation in which the user resides,
b. The laws of the state/nation that apply where the server hosting the transaction
is located, and
c. The laws of the state/nation which apply to the person or business with whom
the transaction takes place.
 So a user in one of the Indian States conducting a transaction with another user
in Britain through a server in Canada could theoretically be subject to the laws
of all three countries as they relate to the transaction at hand. The laws of a
nation may have extra-territorial impact extending the jurisdiction beyond the
sovereign and territorial limits of that nation. This is particularly problematic,
as the medium of the Internet does not explicitly territorial limitations.
 An example would be where the contents of a web site are legal in one country
and illegal in another. In the absence of a uniform jurisdictional code, legal
practitioners are generally left with a conflict of law issue.
 JURISDICTION IN CASE OF CYBER CRIME
 In order for a national court to adjudicate criminal and regulatory sanctions
internationally, there must be some connection, or nexus, between the
regulating nation (the forum) and the crime or criminal. Four nexuses have
been invoked by courts to justify their exercise of jurisdiction.
a. The territoriality nexus holds that the place where an offense is committed-in
whole or in part determines jurisdiction.
b. The nationality nexus looks to the nationality or national character of the
person committing the offense to establish jurisdiction.
c. The protective nexus provides for jurisdiction when a national or international
interest of the forum is injured by the offender.
d. The universality nexus holds that a court has jurisdiction over certain offenses
that are recognized by the community of nations as being of universal concern,
including piracy, the slave trade, attacks on or the hijacking of aircraft,
genocide, war crimes, and crimes against humanity. It is not enough that these
nexuses exist; the connection between the forum and the person or activity also
must be “reasonable.”
 EXTRA TERRITORIAL JURISDICTION
 The main problem arises when a citizen of some other country causes harm to
citizens of a native country, let’s take for an example in India, though
Information Technology Act, 2000 does have extra territorial jurisdiction but
it’s very difficult to enforce it and exercise it.
 If a crime is committed in Delhi by a citizen of US by hacking the systems of
an Indian Company, that maximum the court can do is pass an order in favour
 of the plaintiff but the problem arises that how to punish the US citizen, the
only thing which the hacker has to do is avoid coming to India, moreover as it’s
an international matter collection of evidence will also be a trouble for all.
 Prosecuting and trying a person also raises difficult problem in the field of
jurisdiction. These problems relate to determination of place where the offence
was committed (locus delicti- The place where a crime was committed) and
where several jurisdictions are equally competent.
 Under the Information Technology Act, 2000, India claims “long arm
jurisdiction over foreign parties committing criminal acts outside of India
which have an effect on a computer information system located within India. A
court may order law enforcement authorities to seize computer equipment that
is suspected of having been used in the commission of a computer crime. It is
possible for more than one punishment to be administered for commission of
the same unlawful acts if more than one criminal law has been violated. Section
75 of the Information Technology Act, 2000 deals with extraterritorial
application of the law, the section states that the provisions of the Act will
apply to
a. Any person irrespective of nationality
b. An offence or contravention committed outside India
c. The said offence or contravention must have been committed against a
computer, computer system or computer network located in India
 CYBER CRIME UNDER INFORMATION TECHNOLOGY ACT:
NATIONAL PERSPECTIVE
Cybercrimes are criminal offenses committed via the Internet or otherwise aided by
various forms of computer technology, such as the use of online social networks to
bully others or sending sexually explicit digital photos with a smart phone. But while
cybercrime is a relatively new phenomenon, many of the same offenses that can be
committed with a computer or smart phone, including theft or child pornography, were
committed in person prior to the computer age. This sub-section includes articles on
cyber bullying, sexting, and a whole host of other crimes commonly committed online
or with the help of computer networking technology.
 Hacking: - Hacking means unauthorized access to a computer system. As
defined in Section 66 of the Information Technology Act, 2000, whoever with
the intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or any person destroys or deletes or alters any information
residing in a computer resource or diminishes its value or utility or affects it
injuriously by means commits hacking.
 Virus, Trojans and Worms: - A Computer virus is a program designed to
affect the health of the computer. They destroy or hampers the computer
systems. Trojan is defined as a ―maliciously, security breaking program that is
disguised as something benign such as a directory lister, archive, game, or a
program to find and destroy viruses.
 Cyber Pornography: - Cyber pornography is pornography‘s which is
distributed via the internet, primarily websites, peer-to peer file sharing or
Usenet newsgroups. This is a crime that is clearly illegal, both on and off the
internet
  Cyber Stalking: - Cyber Stalking is defined as the repeated acts of harassment
or threatening behaviour of the cybercriminal towards the victims by using
internet services.
 Cyber Terrorism: - Cyber terrorism may be defined to be ― the premeditated
use of disruptive activities, or the threat thereof, in cyber space, with the
intention to further social, ideological, religious, political or similar objectives,
or to intimate any person in furtherance of such objectives
 Cyber Crimes related to Finance: - Crimes over internet for earning financial
or monetary gain thorough illegal means. It may occur in many forms, but the
most recognized technique is online fraud and spoofing. This would include
cheating, credit card frauds, money laundering, etc.
 CYBER CRIME UNDER INFORMATION TECHNOLOGY ACT:
NATIONAL PERSPECTIVE
Statuary Provisions (Information Technology Act, 2000)
 The first step in the field of cyber law was the Model Law which was drafted
under the United Nations Commissions on International Trade law, 1986. Then,
the United Nations general assembly on 30th January, 1999 passed a resolution
to regulate e-commerce through uniform set of laws applicable to its member‘s
countries.
 Being a signatory to the resolution, Parliament of India has a passed the
Information Technology Act, 2000 on 17th may, 2000.
 The preamble of the Act states that the objectives of the act is to legalise e-
commerce and further amend the Indian penal Code, 1860, the India Evidence
Act,182, the Banker‘s Book Evidence Act, 1891and the Reserve Bank of India
Act, 1934 to make compatible with this Act.
 The Act consists of 13 Chapters and governs laws relating to Electronic
Contract, Electronic Record, Digital Signature and the use of the electronic
records and signature in Government records. It also regulates the activities of
the Network Service Providers, Internet Service Providers (ISPs).
Punishments And Offences
 The main aim of the act is to legalize the digital language so that people can
easily and without fear use the electronic devices for their own purposes like
doing business or for entertainment. It prescribes certain offences and penalties
to keep a check on the cyber crime, the main of them are:
a. Section 65: Tampering with Computer Source Documents
b. Section 66: Hacking with Computer System
c. Section 67: Publishing of obscene information which is obscene in electronic
form.
d. Section 72: Penalty breach of confidentially and privacy.
 In addition to above, Section 77 of the Act states that “No penalty imposed or
confiscation made under this Act shall prevent the imposition of any other
punishment to which the person affected thereby is liable under any other law
for the time being in force.” which means the civil crimes can also be made as
Criminal Act, as:
Computer Network Breaking and Hacking: - S. 66(2) of I.T. Act and S. 441 of IPC
Child Pornography: - S. 67 of I.T. Act and S. 294 of IPC
Email- bombing: - S. 43(e) of I.T. Act and S. 425-441 read with S447 of IPC
Password Sniffing: - S. 43(a), (g) of I.T. Act and S. 419 of IPC
Credit Card Fraud: - S. 43(h) I.T. Act and S. 443 (a) and (g) read with 426, 427 and
447 of IPC.
 CYBER CRIME UNDER INFORMATION TECHNOLOGY ACT:
INTERNATIONAL PERSPECTIVE
USA
 The Computer Fraud and Abuse Act, deals with the issue of unauthorized
access in the U S legal system. The legislation was first enacted in 1984,
revised in 1994, and last amended made in late 1996.
 Thus, USA has passed several enactments, which cover various aspect of cyber
crime. The States of USA also pass various federal laws for the protection of
cyber crime. These Federal Acts, however either are to introduced or amend
existing provisions in U.S. Federal Code.
 The major provisions of U.S. codes governing criminal activities can broadly
discussed in the following heads:
a. Federal Criminal Code Concerning computer crimes
b. Search and seizure of Computers
c. Guidelines concerning sentences
d. Federal Statutes Governing Intellectual property Rights:
1. Copyright Offences
2. Copyright Management offences
3. Trademark offences.
4. Offences concerning the integrity of IP System
5. Offences concerning the Misuse of Dissemination system
6. Cyber Stalking
 U.S.A. has successfully enacted provisions relating to offences, there
investigation and sentencing. The country is leading in the field of checking
cybercrime along through effective police forces, particularly F.B.I., and people
cooperation. The numbers of cyber criminals are also greater in the country
because of predominance of internet and cyber technology in day-to-day life.
 The Counterfeit Access Device and Computer Fraud and Abuse Act of
1984 prohibits various attacks on federal computer systems and on those
used by banks and in interstate and foreign commerce.
 The Electronic Communications Privacy Act of 1986 (ECPA) prohibits
unauthorized electronic eavesdropping.
 The Federal Information Security Management Act of 2002 (FISMA).
UK
 The Computer Misuse Act 1990, 'an Act to make provision for securing
computer material against unauthorized access or modification; and for
connected purposes', set out three computer misuse offences.
a. Unauthorized access to computer material
b. Unauthorized access with intent to commit or facilitate commission of further
offences.
c. Unauthorized modification of computer material.
d. The maximum prison sentences specified by the act for each offence were six
months and five years respectively.
 The Police and Justice Act 2006 : The British Police and Justice (2006)bill
was granted Royal Assent with some interesting changes being introduced to
the Computer Misuse Act (1990) under Part 5 (Miscellaneous) which could
have serious implications for those on the murkier side of computing. The
Computer Misuse Act obviously needed updating, as most of the threats in
existence today were not possible 16 years ago. Maximum sentencing for
unauthorized access to computer was also used.
 INTERNATIONAL CONVENTIONS ON CYBER CRIME
 BUDAPEST CONVENTION
 Budapest Convention on cybercrime provides for the criminalisation of
conduct, ranging from illegal access, data and systems interference to
computer-related fraud and child pornography; procedural law tools to make
the investigation of cybercrime and the securing of e-evidence in relation to
any crime more effective and international police and judicial cooperation
on cybercrime and e-evidence.
 The Budapest Convention is supplemented by a Protocol on Xenophobia and
Racism committed through computer systems. In 2014, the Council of Europe
established a dedicated Programme Office on Cybercrime (C-PROC) in
Bucharest, Romania.
 This triangle of common standards (Budapest Convention), follow-up and
assessments (Cybercrime Convention Committee) and capacity building (C-
PROC) represents a dynamic framework under the convention.
 Members: 67 states — together with 10 international organisations (such as
the Commonwealth Secretariat, INTERPOL, International Telecommunication
Union and the UN Office on Drugs and Crime) participate as members or
observers in the Cybercrime Convention Committee.
 Significance: Securing e-evidence for criminal justice purposes is particularly
challenging in the context of cloud computing where data is distributed over
different services, providers, locations and often.
 jurisdictions, and where mutual legal assistance is often not feasible.
 India and the Budapest Convention: While membership in the Budapest
Convention more than doubled since then, India is yet to join this treaty. As
India did not participate in the negotiation of the Convention and thus should
not sign it. India can become a member but we cannot participate in making or
changing the law.
 The Budapest Convention allows for trans-border access to data and thus
infringes on national sovereignty.
 It is a criminal justice treaty and thus does not cover state actors or that some of
the states from which most attacks affecting India emanate have not signed the
Convention.
 It was drawn up by the Council of Europe in Strasbourg, France, with the
active participation of the Council of Europe’s observer states Canada, Japan,
South Africa and the United States. It is open for ratification even to states that
 are not members of the Council of Europe. As of September 2019, 64 states
have ratified the convention.
 It was drawn up by the Council of Europe in Strasbourg, France, with the
active participation of the Council of Europe’s observer states Canada, Japan,
Philippines, South Africa and the US. It was opened for signature in Budapest,
on 23 November 2001 and it entered into force on 1 July 2004.
 RUSSIA-LED RESOLUTION
 The Russian proposal entitled “Countering the use of information and
communications technologies for criminal purposes” was recently put forth in
the United Nations General Assembly (UNGA).
 The proposal, which India voted in favour of, creates a committee to convene
in August 2020 in New York to establish a new treaty through which nation-
states can coordinate and share data to prevent cybercrime.
 India maintained its status as a non-member of the Europe-led Budapest
Convention, even as it voted in favour of a Russian-led UN resolution to set up
a separate convention
 This recent UN proposal follows previous Russian initiatives, including the
“Draft United Nations Convention on Cooperation in Combating Cybercrime”
in 2017 to develop a UN convention on cybercrime.
 India’s Stand: India maintained its status as a non-member of the Europe-led
Budapest Convention. Although, India voted in favour of a Russian-led UN
resolution to set up a separate convention.
 The United Nations has approved a Russian-led bid
that aims to create a new convention
 A new UN treaty on cybercrime could render the Budapest Convention
obsolete, further alarming rights groups.
 The Budapest Convention was drafted by the Council of Europe, but other
countries have joined, including the United States and Japan.
 Russia has opposed the Budapest Convention, arguing that giving investigators
access to computer data across borders violates national sovereignty.
 MOBILE PHONES CRIMES
 Telecommunications in India have evolved up to a great extent starting from its
introduction in 1882 to the introduction of mobile technology in 1995 and then
to the emerging trend of Smartphone’s post 2005 period. Similarly, with the
advancement of technology, crimes over technological grounds have also
evolved.
 Mobile technology over the years has evolved upto a large extent be it on
grounds of flexibility or portability. Security measures too have improved, but
not at the desired expected rate to absolutely curb crime rates. The fact that tops
the list is that people fail to believe that they can be victims to such crimes.
 Crime committed using modern technological tools are generally known as
cyber crimes. The broadest way to deliver the true meaning of cyber crime is
“any crime wherein computer is either used as a tool or a weapon.” On general
lines, computers are considered to be of laptop or desktop in form.
 KINDS OF MOBILE CRIMES
 Mobile Hacking: Hacking in simple terms means an illegal intrusion into a
computer system and/or network. There is an equivalent term to hacking i.e.
cracking. Every act committed towards breaking into a mobile, communication
devices, computer and/or network is hacking. Hackers write or use ready-made
computer programs to attack the target computer, mobile and/or
communication devices.
 Mobile Cyber Defamation: This kind of crime has become widely prevalent
across the world today. Criminals send derogatory, humiliative and obscene
SMS or email by using their mobiles, cell phones and communication devices,
so as to defame others and lower their reputation in the eyes of those who hold
them in high esteem.
 Mobile Pornography: The Internet is being highly used by its abusers to reach
and abuse children sexually, worldwide. The internet is very fast becoming a
household commodity. As more homes have access to internet, more children
would be using the mobiles, communications devices, internet and more are the
chances of falling victim to the aggression of pedophiles. Mobile Pornography
using mobile phone could be brought specifically within the ambit of section
67B of the amended Indian Information Technology Act 2000. The said act is a
crime, punishable with imprisonment of either description for a term which
may extend to 5 years and with fine which may extend to 10 lakh rupees.
 Identity Theft: Mobile phone is used for the identity theft and criminals
commit the crimes such as subscription fraud etc. using various communication
devices.
 Cloning or re-chapping of mobile: A clone is an analogue mobile phone
which has been programmed to impersonate one owned by a legitimate
subscriber by using its ESN and telephone number. New types of cloned
phones are coming to the UK from the USA and Hong Kong: ‘tumbling’
phones automatically seek an identity from a pre-programmed list, and the
most recent ‘magic’phones act as their own scanners copying identities from
nearby phones in use.
 Denial of service Attack: This is an act by the criminal, who floods the
bandwidth of the victim’s network or fills his e-mail box with spam mail
depriving him of the services he is entitled to access or provide.
 Mobiles Virus Dissemination: A mobile virus is an electronic virus that targets
mobile phones or other communication devices. In typical mobile virus
dissemination malicious software attaches itself to other software.
 Mobile Software Piracy: Theft of mobile software through the illegal copying
of genuine programs or the counterfeiting and distribution of products intended
to pass for the original.
 Mobile Credit Card Fraud: The unauthorized and illegal use of a credit card
through mobile to purchase products and /or services.
 Mobile Phishing: This refers to the act of targeting mobile phone users by
phishing emails that appear to come from mobile service providers. This
further includes the act of sending an e-mail to a user falsely claiming to be an
established legitimate enterprise in an attempt to scam the user into
surrendering private information that will be used for identity theft.
 UNIT – 4
 GENETICS TECHNOLOGIES
 Environment Effect: Environment Protection Act What Are GMOs? A GMOs
(genetically modified organism) is the result of a laboratory process where
genes from the DNA of one species are extracted and artificially forced into the
genes of an unrelated plant or animal. The foreign genes may come from
bacteria, viruses, insects, animals or even humans. Because this involves the
transfer of genes, GMOs are also known as transgenic organisms.
 Genetic Engineering - means the technique by which heritable materials
which do not usually occur or will not occur naturally in the organism or cell
concerned generated outside the organism of the cell is inserted into said cell or
organism. It also means the formation of new combinations of genetic material
by incorporation of a cell into a host cell, where they occur naturally as well as
an modification of an organism or in a cell by delegation and removal of parts
of the heritable material. Genetic engineering, also known as genetic
modification or genetic manipulation, is a set of techniques used to alter the
genetic makeup of organisms, including the transfer of genes between species.
This field of biotechnology allows scientists to manipulate the DNA
(deoxyribonucleic acid) of living organisms, ranging from bacteria to plants
and animals, including humans. The primary goal of genetic engineering is to
introduce specific traits or characteristics into an organism, either to enhance
existing features or to impart entirely new ones. The process of genetic
engineering typically involves the following steps:
a. Identification of Target Genes: Scientists identify and isolate the specific
genes responsible for the desired traits or functions.
b. Isolation of DNA: The target genes are then isolated from the DNA of the
organism that possesses those traits.
c. Insertion of Genes: The isolated genes are inserted into the DNA of the target
organism. This can be achieved using various methods, such as gene guns,
electroporation, or viral vectors.
d. Expression of Genes: Once the new genes are inserted, they need to be
expressed, meaning that the organism's cellular machinery uses the information
in the genes to produce the desired proteins or traits.
e. Selection and Screening: Researchers screen the modified organisms to
identify those that successfully express the desired traits. This step is crucial in
ensuring that the genetic modification was successful.
 Genetic engineering has a wide range of applications across different fields:
a. Agriculture: Genetically modified crops are developed to exhibit traits such as
resistance to pests, diseases, or herbicides, as well as improved nutritional
content.
b. Medicine: Genetic engineering is used in the production of pharmaceuticals,
the development of gene therapies, and the creation of genetically modified
organisms for medical research.
c. Biotechnology: This field employs genetic engineering to produce biofuels,
enzymes, and other industrial products.
 d. Environmental Applications: Genetic engineering is explored for
environmental purposes, such as creating plants that can remediate soil or water
pollution.
e. Medical Research: Genetically modified organisms, particularly mice, are
commonly used in medical research to study the functions of specific genes and
to model human diseases.
However, genetic engineering raises ethical and safety concerns, particularly when
applied to humans. The potential for unintended consequences, ecological impact, and
ethical considerations related to altering the human germline are subjects of ongoing
debate. Regulatory frameworks and guidelines are in place in many countries to
oversee the responsible use of genetic engineering technologies.
 BENEFITS OF GENETIC ENGINEERING
a. The production of genetically modified crops is a boon to agriculture.
b. The crops that are drought-resistant, disease-resistant can be grown with it.
c. As described earlier, genetic disorders can be treated.
d. The diseases such as malaria, dengue can be eliminated by sterilising the
mosquitoes using genetic engineering.
e. Therapeutic cloning
 CHALLENGES OF GENETIC ENGINEERING
a. The production of genetically-engineered entities may result in an adverse
manner and produce undesired results which are unforeseen.
b. With the introduction of a genetically-engineered entity into one ecosystem for
a desirable result, may lead to distortion of the existing biodiversity.
c. Genetically-engineered crops can also produce adverse health effects.
d. The concept of genetic-engineering is debated for its bioethics where
community against it argue over the right of distorting or moulding the nature
as per our needs.
 REGULATIONS IN INDIA
a. Genetic Engineering Appraisal Committee (GEAC) is the biotech regulator in
India. It is created under the Ministry of Environment and Forests. Read more
about GEAC in the linked article.
b. There are five bodies that are authorized to handle rules noted
under Environment Protection Act 1986 “Rules for Manufacture, Use, Import,
Export and Storage of Hazardous Microorganisms/Genetically Engineered
Organisms or Cells 1989”. These are:
 Institutional Biosafety Committees (IBSC)
 Review Committee of Genetic Manipulation (RCGM)
 Genetic Engineering Approval Committee (GEAC)
 State Biotechnology Coordination Committee (SBCC) and
 District Level Committee (DLC)
 ENVIRONMENT PROTECTION ACT (1986) AND ENVIRONMENT
(PROTECTION) RULES (1986)
 The Act relates to the protection and improvement of environment and the
prevention of hazards to human beings, other living creatures, plants and
property. The Act mainly covers the rules to regulate environmental pollution
and the prevention, control, and abatement of environmental pollution. The
 Environment (Protection) Rules cover management and handling of hazardous
wastes, manufacture, storage and import of hazardous chemicals and rules for
the manufacture, use, import, export and storage of hazardous micro-organisms,
genetically engineered organisms or cells.
 Rules for the Manufacture, Use/Import/Export and Storage of Hazardous
Microorganisms/Genetically Engineered Organisms or Cells. (notified under
the EP Act, 1986) (1989)
 These Rules include the rules for pharmaceuticals, transit and contained use of
genetically engineered organisms micro-organisms and cells and
substances/products and food stuffs of which such cells, organisms or tissues
form a part, LMOs for intentional introduction into the environment, handling,
transport, packaging and identification. These rules are applicable to the
manufacture, import and storage of micro-organisms and gene technology
products. The rules are specifically applicable to: (a) Sale, storage and handling
(b) Exportation and importation of genetically engineered cells or organisms (c)
Production, manufacturing, processing, storage, import, drawing off, packaging
and repackaging of genetically engineered products that make use of
genetically engineered microorganisms in any way.
 PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT
The Protection of Plant Varieties and Farmers’ Rights Act 2001 was enacted in
India to protect the new plant varieties. Rules for the same were notified in
2003. The Act has now come into force. The Protection of Plant Varieties and
Farmers’ Rights Authority has been set up and is responsible to administer the
Act. The office of the Registrar has started receiving applications for
registration of twelve notified crops viz. rice, lentil, maize, green gram, kidney
bean, black gram, chickpea, pearl millet, pigeon pea, sorghum, field pea, bread
wheat. Under the TRIPS agreement it is obligatory on part of a Member to
provide protection to new plant variety either through patent or an effective sui
generis system or a combination of these two systems. India was therefore
under an obligation to introduce a system for protecting new plant variety.
India opted for sui generis system and enacted The Protection of Plant Varieties
and Farmers’ Rights Act 2001.
 However, in many countries such plants can be protected through Breeders’
Rights, patents and UPOV Convention. Objectives of Protection of Plant
Varieties and Farmers’ Rights Act in India The objectives of the Protection of
Plant Varieties and Farmers’ Rights Act are:
a. to stimulate investments for research and development both in the public and
the private sectors for the developments of new plant varieties by ensuring
appropriate returns on such investments;
b. to facilitate the growth of the seed industry in the country through domestic and
foreign investment which will ensure the availability of high quality seeds and
planting material to Indian farmers; and
c. to recognize the role of farmers as cultivators and conservers and the
contribution of traditional, rural and tribal communities to the country’s agro
biodiversity by rewarding them for their contribution through benefit sharing
and protecting the traditional right of the farmers. More importantly this act
 provides safeguards to farmers by giving farmers’ rights while providing for an
effective system of protection of plant breeders’ rights. The Act seeks to
safeguard researchers’ rights as well. It also contains provisions for
safeguarding the larger public interest. The farmer’s rights include his
traditional rights to save, use, share or sell his farm produce of a variety
protected under this Act provided the sale is not for the purpose of reproduction
under a commercial marketing arrangement.

 OBJECTIVES OF THE PROTECTION OF PLANT VARIETIES AND

FARMERS’ RIGHTS ACT, 2000 - The objective of the act acknowledges, to
set up a compelling framework for the insurance of plant assortments, the
privileges of farmers and plant reproducers, and to energize the advancement of
new assortments of plants. To perceive and secure the privileges of farmers in
regard to their commitments made whenever monitoring, improving, and
making accessible plant hereditary assets for the advancement of new plant
assortments.
To quicken rural advancement in the nation, ensure plant reproducers’ privileges and
to animate speculation for innovative work both in the open and private part for the
improvement of new plant assortments. To encourage the development of the seed
industry in the nation which will guarantee the accessibility of top-notch seeds and
planting material to the farmers.
 IMPLEMENTATION OF THE ACT - To execute the arrangements of the
Act the Department of Agriculture, Cooperation and Farmers Welfare, Ministry
of Agriculture, and Farmers Welfare built up the Protection of Plant Varieties
and Farmers’ Rights Authority, 2001. The chairperson is the chief executive of
the authority. Other than the chairperson, the authority has 15 individuals, as
advised by the Government of India (GOI). Eight of them are ex-officio
individuals speaking to different departments/ministries, three from SAUs and
the State Governments, one delegate each for farmers, ancestral association,
seed industry, and ladies association related with horticultural exercises are
assigned by the Central Government. The Registrar General is the ex-officio
member secretary of the authority.
 GENERAL FUNCTIONS OF THE AUTHORITY

 Registration of new plant assortments, basically inferred assortments (EDV),

surviving assortments;
 Developing DUS (Distinctiveness, Uniformity, and Stability) test rules for new
plant species;
 Developing portrayal and documentation of assortments enlisted;
 Compulsory listing offices for all assortment of plants;
 Documentation, ordering, and listing of farmers’ assortments;
 Recognizing and remunerating farmers, network of farmers, especially inborn
and provincial network occupied with protection and improvement;
 Preservation of plant hereditary assets of financial plants and their wild family
members;
 Maintenance of the national register of plant varieties; and
  Maintenance of the National Gene Bank.

 FARMER RIGHTS
 Has the same privilege with respect to a breeder of a variety
 A farmers’ variety shall be entitled for registration if a declaration has been
made that the initial variety has been lawfully obtained
 Can save, use, sow, resow, exchange, share or sell his farm produce including
seed of a protected variety
 The farmer as such cannot sell branded seeds of a protected variety
 A farmer can claim damages if the seed of the protected variety does not give
the yield as stated by the breeder.
 THE BIOLOGICAL DIVERSITY ACT, 2002
Biological diversity is a national asset of a country; hence the conservation of
biodiversity assumes greater significance. The first attempt to bring the biodiversity
into the legal framework was made by way of the biodiversity bill 2000 which was
passed by the Lok Sabha on 2nd December 2002 and by Rajya Sabha on December
2002. Biological Diversity means the variability among living organisms from all
sources, including interalia, terrestrial, marine and other aquatic ecosystems and the
ecological complexes of which they are part and this includes diversity within species,
between species and of ecosystems. Biodiversity is defined as the variety and
variability among living organisms and the ecological complexes in which they occur
is measured at three levels viz., genes, species and ecosystem.
 OBJECTIVES
 To conserve the Biological Diversity.
 Sustainable use of the components of biodiversity.
 Fair and equitable sharing of benefits arising out of the use of the B.D.
 A national biodiversity authority has been established by the Biodiversity Act,
2002 to regulate act implementing rules 2004 has been operationalised since
coming in to force.
 CONVENTION ON BIOLOGICAL DIVERSITY: The Convention on
Biological Diversity (CBD) was negotiated and signed by nations at the
UNCED Earth Summit at Rio de Janeiro in Brazil in June 1992. The
Convention came into force on December 29, 1993. India became a Party to the
Convention in 1994. At present, there are 175 Parties to this Convention.
 OBJECTIVES OF THE CONVENTION:
a. Conservation of biological diversity;
b. Sustainable use of the components of biodiversity;
c. Fair and equitable sharing of benefits arising out of the utilisation of genetic
resources.
 FEATURES
 Prohibition on transfer of Indian genetic material outside the country without
specific approval of the Indian Government.
 Prohibition of anyone claiming an (IPR) such as a patent over biodiversity or
related knowledge without permission of Indian Government.
 Regulation of collection and use of biodiversity by Indian national while
exempting local communities from such restrictions.
 Measures from sharing of benefits from use of biodiversity including transfer
of technology, monitory returns, joint research and development, joint IPR
ownership etc.
 Measuring to conserve sustainable use of biological resources including habitat
and species protection (EIP) of projects, integration of biodiversity into the
plans and policies of various Departments and Sectors.
 Provisions for local communities to have a say in the use of their resources and
knowledge and to charge fees for this.
 Protection of indigenous or tradition laws such as registration of
such knowledge.
 Regulation of the use of the GMOs.
 EXEMPTIONS PROVIDED IN THE ACT
 Exemption to local people and community of the area for free access to use
biological resources within India.
 Exemption to growers and cultivators of biodiversity and to Vaids and Hakims
to use biological resources.
 Exemption through notification of normally traded commodities from the
purview of the Act.
 Exemption for collaborative research through government sponsored or
government approved institutions subject to overall policy guidelines and
approval of the Central Government.
Regulation of Access to Biological Diversity
 SEC. 8 NATIONAL BIODIVERSITY AUTHORITY (NBA)
 Establishment of NBA - The head office of the National Biodiversity
Authority shall be at Chennai and the National Biodiversity Authority may,
with the previous approval of the Central Government, establish offices at other
places in India.
 NBA consists of the following members:
a. Chairperson: an eminent person having adequate knowledge and experience
in the conservation and sustainable use of biological diversity.
b. 3 ex officio members: 01 representing the Ministry dealing with Tribal Affairs
and 02 representing the Ministry dealing with Environment and Forests of
whom one shall be the Additional Director General of Forests or the Director
General of Forests;
 7 ex officio members dealing with –
a. Agricultural Research and Education;
b. Biotechnology;
c. Ocean Development;
d. Agriculture and Cooperation;
e. Indian Systems of Medicine and Homoeopathy;
f. Science and Technology;
g. Scientific and Industrial Research;
 05 non-official members :having special knowledge in, matters relating to
a. conservation of biological diversity,
b. sustainable use of biological resources and equitable sharing of benefits arising
out of the use of biological resources,
c. representatives of industry, conservers, creators and know ledge-holders of
biological resources
 SEC. 18 : FUNCTIONS AND POWERS OF NBA

 Advise the central Government on any matter concerning conservation of

biodiversity sustainable use of its components and fair and equitable sharing of
benefits arising out of the use of biological resource and knowledge.
 Coordinate the activities of state biodiversity.
 Provide the technical assistance and guidance to the state biodiversity boards.
 Sponsor investigation and research.
 Engage consultants for a specific period not exceeding 3 years for providing
technical assistance to the Authority in the effective discharges of its functions.
 Collect, compile and publish technical and statistical data, manuals, codes or
guides relating to conservation of biodiversity, sustainable use of its
components and fair and equitable sharing of benefits arising out of the use of
biological resource and knowledge’s.
 Organize through mass media a comprehensive programme regarding
conservation of biodiversity, sustainable use of components and fair and
equitable sharing of benefits arising out of the use of biological resources and
knowledge.
 Prepare the annual budget of the authority including its own receipts as also the
devaluation from the central Government provided that the allocation by the
central government shall be operated in accordance with budget provisions
approved by the central govt.
 Recommend creation of posts to the central Government for effective discharge
of the functions by the authority.
 Approve the method of recruitment to the officers and servants of the authority.
 SEC. 22: ESTABLISHMENT OF STATE BIODIVERSITY BOARD
 State Government may by notification in the Gazette can establish the SBB in
their State name e.g Tamil Nadu Biodiversity Board.
 No State Biodiversity Board shall be constituted for a Union Territory and in
relation to Union Territory, the National Biodiversity Authority shall exercise
the powers and perform the functions of a SBB for the Union territory.
 Composition

a. a Chairperson : An eminent person having adequate knowledge and

experience in the conservation and sustainable use of biological diversity and
in matters relating to equitable sharing of benefits, to he appointed by the State
Government;
b. not more than five ex officio members: to represent the concerned
Departments of the State Government;
c. not more than five members: from amongst experts in matters relating to
conservation of biological diversity, sustainable use of biological resources and
equitable sharing of benefits arising out of the use of biological resources.
 SEC: 23 FUNCTIONS OF SBB
 advise the State Government, on matters relating to:
a. conservation of biodiversity,
b. sustainable use of its components and
c. equitable sharing of the benefits arising out of the utilization of biological
resources;
 regulate by granting of approvals or otherwise requests for commercial
utilization or bio-survey and bio-utilization of any biological resource by
Indians;
 perform such other functions as may he necessary to carry out the provisions
of this Act or as may be prescribed by the State Government.
 MEDICAL TECHNOLOGIES AND FORENSIC SCIENCE
 DNA PROFILING
 DNA profiling is a technique by which individuals can be identified and
compared via their respective DNA profiles.
 Within the non-coding regions of an individual’s genome there exists satellite
DNA – long stretches of DNA made up of repeating elements called short
tandem repeats (STRs
 As individuals will likely have different numbers of repeats at a given satellite
DNA locus, they will generate unique DNA profiles. DNA profiling is a
forensic technique in criminal investigations, comparing criminal suspects'
profiles to DNA evidence so as to assess the likelihood of their involvement in
the crime. It is also used in parentage testing, to establish immigration
eligibility, and in genealogical and medical research. DNA profiling has also
been used in the study of animal and plant populations in the fields of zoology,
botany, and agriculture.
 DNA profiling can be used in old or unsolved crimes or to identify human
remains. The availability of parental DNA samples might allow identification
of a body when conventional means (physical appearances, dermatoglyphic
fingerprints, dental charts) have been unsuccessful.
 Dissimilar DNA profiles will exclude a relationship. Teeth are important
evidentiary material in forensic cases, since they are more resistant to post-
mortem degradation and extreme environmental conditions. Teeth are also easy
to transport and serve as a good source of DNA.
 DNA profiling exploits this variability by isolating and amplifying specific
regions of the genome through techniques like polymerase chain reaction
(PCR). The resulting DNA fragments are then separated and analyzed,
producing a distinctive pattern of bands. This pattern, known as the DNA
profile, is highly specific to each individual, except in the case of identical
twins. DNA profiling is widely used in criminal investigations, paternity testing,
and identifying individuals in mass disasters.
 Its reliability and accuracy have made it a crucial tool in criminal justice, aiding
in the determination of guilt or innocence, resolving paternity disputes, and
contributing to the establishment of biological relationships with a high degree
of certainty.
 BRAIN MAPPING
 Brain mapping attempts to relate the brain's structure to its function, or finding
what parts give us certain abilities. For example, what aspect of our brain
 allows us to be creative or logical? This is called localization of function. It
examines how our environment changes our brain's structure by studying, for
instance, how the brain changes physically through the learning and aging
processes. Brain mapping also examines what goes wrong physically in the
brain during mental illnesses and other brain diseases.
 Finally, brain mapping aims to give us a thorough picture of our brain's
structure. Google Earth shows us satellite images of our planet and zooms in to
continents, countries, states, cities, highways, streets and buildings. A complete
structural map of our brain might be similar. The Brain Mapping Test is also
known as P-300 test. In this test of Brain Mapping the suspect is first
interviewed and interrogated find out whether he is concealing any information.
 Functional brain mapping, often achieved through methods like functional
magnetic resonance imaging (fMRI) or electroencephalography (EEG), aims to
identify which areas of the brain are active during specific tasks or cognitive
processes.
 Brain mapping plays a crucial role in neuroscience and medical research,
aiding in the understanding of neurological disorders, cognitive processes, and
the development of potential treatments.
 The activation of brain for the associated memory is carried out by presenting
list of words to the subjects. There are three types of words in the list used for
Brain Mapping Test,
a. Part I consisted of neutral words, which have no direct relationship with the
case.
b. Part II consists of probe words directly related to the case and suspects to elicit
concealed information, which all suspects have had opportunity to come to
know during the course of events related to the case.
c. Part III consists of target, which are not part of the first two parts. The words in
this part are based on confidential findings which suspect does not know.
 NARCO-ANALYSIS
 The term Narco-analysis is derived from the Greek word narkç (meaning
"anesthesia" or "torpor") and is used to describe a diagnostic and
psychotherapeutic technique that uses psychotropic drugs, particularly
barbiturates, to induce a stupor in which mental elements with strong
associated affects come to the surface, where they can be exploited by the
therapist.
 The term Narco-analysis was coined by Horseley .Narco-analysis poses several
questions at the intersection of law, medicine and ethics. Is the procedure for
Narco-analysis is violative of the rights against self- incrimination, guaranteed
under Article 20 (3) of Constitution?
Constitutional & Legal Provisions on Narco-analysis in India
 Like confessions, Narco-analysis tests generally don’t have legal validity as it
is made by a semiconscious person are not admissible in court. The court may,
however, grant limited admissibility after considering the circumstances under
which the test was obtained. Narcoanalysis, brain mapping and lie detector
tests against the will of the accused would be violative of Article 20 (3) of the
 Constitution. The main provision regarding crime investigation and trial in the
Indian Constitution is Art. 20(3).
 It deals with the privilege against self-incrimination. The privilege against
`self-incrimination is a fundamental canon of Common law criminal
jurisprudence. Art. 20(3) which embodies this privilege says, “No person
accused of any offence shall be compelled to be a witness against himself”.
Subjecting the accused to undergo the test, as has been done by the
investigative agencies in India, is considered by many as a blatant violation of
Art.20 (3) of Constitution.
 The application of Narco-analysis test involves the fundamental question
pertaining to judicial matters and also to Human Rights. The legal position of
applying this technique as an investigative aid raises genuine issues like
encroachment of an individual’s rights, liberties and freedom.
 In case of State Bombay v. Kathikalu, it was held that it must be shown that the
accused was compelled to make statement likely to be incriminative of himself.
Compulsion means duress, which includes threatening, beating or
imprisonment of wife, parent or child of person. Thus where the accused makes
a confession without any inducement, threat or promise art 20(3) does not
apply. Thus, the privilege against self- incrimination enables the maintenance
of human privacy and observance of civilized standards in the enforcement of
criminal justice
Admissibility of Narco-analysis in the court
 While Narco-analysis yielded an immense amount of information, it also
triggered off many questions as several critics shared profound sense of
skepticism over the administration of serum on the witness to extract truth.
Narco-analysis is considered as a tool or aid in collecting and supporting
evidence. However doubts are raised whether it amounted to testimonial
compulsion in judiciary and violation of human right, individual liberty and
freedom. Lawyers are divided on whether the results of Narco-analysis and
P300 tests are admissible as evidence in courts, as they claim that confessions
made by a semiconscious person is not admissible in court.
 A Narcoanalysis test report has some validity but is not totally admissible in
court, which considers the circumstances under which it was obtained and
assessed its admissibility. Results of such tests can be used to get admissible
evidence, can be collaborated with other evidence or to support other evidence.
But if the result of this test is not admitted in a court, it cannot be used to
support any other evidence obtained the course of routine investigation.
 In India, Narco-analysis was first used in 2002 in the Godhra carnage case. It
was also in the news after the famous Arun Bhatt kidnapping case in Gujarat
wherein the accused had appeared before NHRC and the Supreme Court of
India against undergoing the Narco-analysis.
 Smt. Selvi & Ors v State of Karnataka (2010): The apex court of India has
clearly stated that DDTs cannot be administered without consent. The Supreme
Court judgment related to the involuntary administration of DDT for the
purpose of improving investigation efforts in criminal cases was questioned on
the account of violation of fundamental rights such as:
a. Right against self-incrimination’ enumerated in Article 20(3) of the
Constitution, which states that no person accused of an offence shall be
compelled to be a witness against himself/herself, and
b. Article 21 (Right to life and personal liberty) has been judicially expanded to
include a ‘right against cruel, inhuman or degrading treatment’.
c. Compulsorily administration of Narco, brain mapping or polygraph test
violates Article 20(3) & Right to Privacy u/ Art. 21.
 Forcing anyone to undergo any of these 3 tests violates standard of substantive
due process.
 Placing reliance on tests violates right to fair trial by Article 21.
 Compelling public interest can’t justify the dilution of constitutional rights.
 HANDWRITING
 A forensic document examiner conducts an examination of a document to
determine it's authenticity and/or its relationship to a person, thing, event or
time. A questioned document is any document about which some issue has
been raised or that is the subject of an investigation.
 This can be anything from written letters, drivers' licenses, contracts, wills,
passports or lottery tickets! An examiner tries to answer the following
questions about the document: Is the document genuine? Has the document
been changed in anyway and how was it changed? Which person or machine
wrote or produced the document? The majority of cases that document
examiners deal with are fraud related; fraud (65%), robbery/breaking and
entering (8%), threats (8%), mischief (7%), homicide (2%), and other types of
cases (10%)
 Handwriting is an individual characteristic. This means that handwriting is
unique for each person. Each person has their own style.
 Handwriting analysts say that people could have a few writing characteristics
that are the same but the likelihood of having any more than that is impossible.
The similarity in handwriting would be due to the style characteristics that we
were taught when we were learning handwriting in school out of a book. Thus,
handwriting is as unique as a fingerprint.
 Handwriting analysis is looking for small differences between the writing of a
sample where the writer is known and a writing sample where the writer is
unknown. Instead of beginning to look for similarities in the handwriting a
QDE begins to search for differences since it’s the differences that determine if
the document is a forgery. A QDE is looking at three things: letter form, line
form and formatting
 MEDICAL TECHNOLOGIES AND DRUGS
 PATENT PROTECTION
 Patent protection is often essential to ensure a successful return on the
investments made in an invention. Therefore, pending or existing patents is one
of the key components a potential investor will look for before investing in a
company.
 A patent is the legal protection offered to an invention. A patent gives the
proprietor the exclusive right to produce, sell or import the invention. This
 means that the holder of a patent can prohibit others from using the invention.
Patentable inventions are not limited to products.
 On the contrary, patents can be granted to other inventions as well, such as
manufacturing processes, measuring methods or, in some cases, the use of a
certain substance in a specific manufacturing process. It is therefore important
to analyze all aspects of an invention.
 For example, a new product often requires a new manufacturing method.
Protection can in such situations be granted for both the product and the
method.
 The protection offered by a patent is defined by the patent claims, i.e. the
wording used in the patent application to define the invention. It is therefore
very important that the patent claims are worded with care. As mentioned
above, patent protection can be granted for many aspects of an invention.
Therefore, it is not unusual for a patent to include several independent patent
claims.
 The exact wording of the patent claims is something an IP counsel can assist
with. A patent is generally valid for 20 years from the day of the patent
application, as long as the yearly fees are paid. In relation to certain products,
for example pharmaceutical products, an additional five years can be added to
the protection. A patent is always limited to the jurisdiction(s) where it is
registered
 LIFE SAVING DRUG
 Life-saving drugs require immediate administration within minutes post or
during a medical emergency or medicines which have the potential to sustain
life or prevent further complications. Life-saving drugs are emergency drugs
that require immediate administration in medical emergency. Medicines which
have the potential to sustain life and / or prevent further complications.
 Life-saving drugs, under the purview of law, often refer to pharmaceuticals or
medical treatments that play a crucial role in preserving or extending human
life. Regulatory bodies in many countries have established frameworks to
ensure the safety, efficacy, and accessibility of such drugs.
 These frameworks include rigorous approval processes, patent regulations, and
measures to prevent the unauthorized production or sale of these critical
medications. Additionally, emerging technologies in the field of medicine, such
as advanced biotechnology and personalized medicine, contribute to the
development of innovative life-saving drugs.
 These technologies enable the targeted treatment of specific diseases,
customization of therapies based on individual genetic profiles, and the creation
of novel pharmaceuticals that address previously untreatable conditions. As the
intersection of law and technology continues to evolve, policymakers grapple
with issues related to intellectual property rights, affordability, and ethical
considerations to ensure that life-saving drugs remain accessible to those in
need while fostering a supportive environment for ongoing medical
advancements.
 GENERIC DRUG
 A generic drug is a medication that has exactly the same active ingredient as the
brand name drug and yields the same therapeutic effect. It is the same in dosing,
safety, strength, quality, the way it works, the way it is taken, and the way it
should be used. Generic drugs do not need to contain the same inactive
ingredients as the brand name product. The generic drug is bioequivalent to the
branded product, meaning there is either no significant difference between the
two drugs in terms of the rate and extent of absorption or if there is a difference,
it is either intended or not medically significant. So long as the FDA criteria are
met, a generic drug may be marketed when the patent protections ends or the
patent owner waives its rights. The competitive nature of the drug market
means that once the generic drug is available, the cost of the drug is
substantially lowered for both the original brand name product and the generic
drug.
 However, a generic drug can only be marketed after the brand name drug's
patent has expired and are
 usually much less expensive than brand name drugs once they reach the market.
 They have exactly the same dosage, intended use, effects, side effects, route of
administration, risks, safety, and strength as the original drug. In other words,
their pharmacological effects are exactly the same as those of their brand-name
counterparts.
 An example of a generic drug, one used for diabetes, is metformin. A brand
name for metformin is Glucophage. (Brand names are usually capitalized while
generic names are not.) A generic drug, one used for hypertension, is
metoprolol, whereas a brand name for the same drug is Lopressor. Many people
become concerned because generic drugs are often substantially cheaper than
the brand-name versions. Although generic drug active ingredients are
chemically identical to their branded counterparts, they are typically sold at a
cheaper price than the brand name drug. Generics are less expensive because
the drug manufacturer does not have to duplicate the original clinical trials for
effectiveness and safety, which lowers the cost to bring the drug to market.
Generics are not less expensive because they are lower in quality.
 India: The Indian government began encouraging more drug manufacturing by
Indian companies in the early 1960s, and with the Patents Act in 1970. The
Patents Act removed composition patents for foods and drugs, and though it
kept process patents, these were shortened to a period of five to seven years.
The resulting lack of patent protection created a niche in both the Indian and
global markets that Indian companies filled by reverse-engineering new
processes for manufacturing low-cost drugs. The code of ethics issued by the
Medical Council of India in 2002 calls for physicians to prescribe drugs by
their generic names only. India is a leading country in the world's generic drugs
market, with Sun Pharmaceuticals being the largest pharmaceutical company in
India.
 NATIONAL DRUGS POLICIES
 Narcotic Drugs and Psychotropic Substances Act, 1985 India is a party to the
three United Nations drug conventions – the 1961 Single Convention on
Narcotic Drugs (1961 Convention), the 1971 Convention on Psychotropic
 Substances (1971 Convention) and the 1988 Convention against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances (1988 Convention).
 Domestic legislation to give effect to these treaties was introduced only in the
1980s when the ‘grace period’ for abolishing non-medical use of cannabis and
opium under the 1961 Convention expired. Exercising its powers to make law
for the country for implementing “any treaty, agreement or convention or
decision made at international conference”, the Indian Parliament passed the
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) hastily,
without much debate.
 The NDPS Act came into force on 14 November 1985, replacing the Opium
Acts and the Dangerous Drugs Act. The 1940 Drugs and Cosmetics Act, 1940,
however, continues to apply. The official record states that the NDPS Act was
enacted in order to provide adequate penalties for drug trafficking, strengthen
enforcement powers, implement international conventions to which India was a
party, and enforce controls over psychotropic substances.
 The NDPS Act prohibits cultivation, production, possession, sale, purchase,
trade, import, export, use and consumption of narcotic drugs and psychotropic
substances except for medical and scientific purposes in accordance with the
law. Preparation to commit certain offences is punishable as is attempt.
 Accessory crimes of aiding and abetting and criminal conspiracy attract the
same punishment as the principal offence. The Act covers three broad classes of
substances:
a. narcotic drugs, that is, those covered under the 1961 Convention;
b. psychotropic substances or those covered under the 1971 Convention as well as
other psychoactive substances such as ketamine which are not yet classified
under 3 international conventions; and
c. “controlled substances” that are used to manufacture narcotic drugs or
psychotropic substances, for example precursor chemicals such as acetic
anhydride, ephedrine and pseudoephedrine.
 Narcotic drugs include:
a. Cannabis: plant; resin or charas and its concentrated variant called hashish;
dried flowering or fruiting tops of the plant, that is, ganja and any mixture of
charas or ganja. Importantly, bhang or the cannabis leaf is excluded (in
accordance with the 1961 Convention) and regulated through state excise laws
b. Coca: plant: leaf; derivatives include cocaine and any preparation containing
0.1% of cocaine
c. Opium: poppy plant; poppy straw; concentrated poppy straw; juice of opium
poppy; mixture of opium poppy juice; preparations with 0.2% morphine;
derivatives include heroin, morphine, codeine, thebaine, etc. NDPS
amendments 1989, 2001 & 2014.
 In 1988, the NDPS Act was supplemented by the Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic Substances Act to provide for preventive
detention of people suspected or accused of involvement in drug trafficking.
The Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic
Substances Act is a drug control law passed in 1988 by the Parliament of India.
 It was established to enable the full implementation and enforcement of the
Narcotic Drugs and Psychotropic Substances Act of 1985.
 MEDICAL TECHNOLOGIES AND NEW AREAS
 ORGAN TRANSPLANTATION
 Organ transplants include kidney, pancreas, liver, heart, lung, and intestine.
Vascularized composite allografts (VCAs), are now also possible, including
face and hand transplantation. Sometimes, "double" transplants are done, such
as kidney/pancreas or heart/lung.
 Kidney transplants are the most common type of transplant surgery; the least
common single-organ transplants are the intestines. Depending on the organ
needed, organs are matched using several characteristics, including blood type
and size of the organ needed.
Types of organ transplants:
 Heart transplant A healthy heart from a donor who has suffered brain death is
used to replace a patient’s damaged or diseased heart. Due to the complexity of
this procedure, strict medical criteria is imposed in assessing whether a donor’s
heart is suitable for transplant, and whether a potential recipient is suitable to
receive the transplant.
 Lung transplant One lung or both lungs from a recently deceased donor are
used to replace a patient’s diseased lung or lungs.
 Liver transplant A patient’s diseased liver is replaced with a healthy liver graft
from a donor.
 Pancreas transplant This type of transplant is commonly done on type 1
diabetics whose pancreas don’t work properly.
 Cornea transplant Corneal donation restores vision to those blinded by corneal
disease. A damaged or cloudy cornea can be replaced surgically with a healthy,
normal cornea, donated by another individual , during a corneal transplantation.
 Trachea transplant The windpipe or trachea is a cartilaginous tube descending
from the larynx to the bronchi and into the lungs. A trachea transplant can help
patients who suffer from hardening and narrowing of their windpipe.
 Kidney transplant A kidney for transplant can be taken from a living or dead
donor.
 Features of HOTA, 1994
 The Transplantation of Human Organs Act, 1994 is meant to provide for the
regulation of removal, storage, and transplantation of human organs for
therapeutic purposes and for the prevention of commercial dealings in human
organs. The Central Act illegalises the buying and selling of human organs and
makes cash-for- kidney transactions a criminal offence.
 The law establishes an institutional structure to authorise and regulate human
organ transplants and to register and regulate, through regular checks, hospitals
that are permitted to perform transplants.
 It recognises, for the first time in India, the concept of brain-stem death, paving
the way for a cadaver-based kidney transplant programme.
 The Act details actions that amount to direct participation in or abetment of the
organ trade; these offences are punishable under Section 19 of the Act.
 The Act defines two categories of donors:-
First, it permits a near relative, defined as a patient's spouse, parents, siblings, and
children, to donate a kidney to the patient.
Secondly, in Section 9(3) of the Act, live donors who are not near relatives but are
willing to donate kidneys to the recipients by reason of affection or attachment
towards the recipient or for any other special reasons, are permitted to do so, provided
that the transplantations have the approval of the Authorisation Committee,
established under the Act.
 Types of Donors:
 Living Donors: A living donor is a person who is above the age of 18 years and
has voluntarily authorized for the removal of his organ/tissue, during his
lifetime. A living person can legally donate.
 Living Near Related Donors: Under this category, only immediate blood
relations are accepted as donors, for example, parents, children and siblings. As
per the THOA rule 2014, grandparents and grandchildren have also been
included in the list. Moreover, spouses are also accepted as living donors under
this category. However, they need to prove their relationship with the recipient
by proper legal documents or medical genetic tests.

 Living Non-near Donors: In such a case, the donor is not related to the recipient
in any way and is willing to donate out of affection and attachment towards
him/her. Permission is required in such a case which is granted by the
Authorization committee by appearing in an interview.
 SWAP Donors: This is suitable for cases where the near-relative donor is
incompatible with the recipient. Such a provision involves swapping of the
donor when the donor of the first pair is a match with the second recipient and
donor of the second pair is a match with the first recipient. However, is it only
permissible in the case of near-relative being the donors.
 PUNISHMENT UNDER THE ACT
 Sec. 18 of this Act, any person who is responsible for the removal of a human
organ/tissue with the authority of doing so can be punished with imprisonment
which can extend to 10 years and with fine which can extend to Rs. 20 lakhs. In
case that person is a medical professional, his name will be reported by the AA
to the State Medical Council to take appropriate action including removing his
name from the register of the council for 3 years for the first offense and if
he/she commits an offense subsequently, then remove it permanently.
 Sec. 19, if any person involves himself/herself in the commercial dealing of
human organs then such person can be punished with imprisonment for a term
not less than 5 years but can extend to 10 years and will also be liable for a fine
which will not be less than Rs. 20 lakhs but can extend to Rs. 1 crore.
 Sec. 20. If any person violates any other provision of this act, he/she can be
punished with imprisonment for a term which can extend to 5 years or with fine
which may extend to Rs. 20 lakhs.
 EXPERIMENT ON HUMAN BEINGS
 A clinical trial is defined as "any research study that prospectively assigns
human participants or groups of humans to one or more health-related
interventions to evaluate the effects on health outcomes."
 In any field affecting man, research is necessary as it provides data to improve
situations for human beings and this laudable objective demands
encouragement and motivation at all levels of participation. In the healthcare
field, research has added complexities as it calls for experimentation on humans
which may expose them to risk. Society permits such experimental research but
demands that members of society who participate in such experiments are
protected from undue harm. However low the degree of risk, society agrees that
it cannot be dismissed or ignored. In any country, developed or developing,
where research involving humans is conducted, the ethical issue of prime
importance is how to achieve fullest protection of clinical trial participants.
 Good Clinical Practice norms which contribute to these objectives have
evolved and guidelines for clinical trial professionals have been issued by
countries including India. Regulators in all countries where clinical trials are
conducted recognize the importance of these guidelines and their
implementation. That such clinical studies should be transparent is now
considered important. Clinical trials form an integral part of the drug discovery
process worldwide. Clinical trials are the set of practices required to certify a
new drug molecule as safe and efficacious for the market.
 Even though we have number of legislations the important one for clinical trials
is The Indian Council of Medical Research (ICMR) - 1947(amended in the
year2002) , which was set up in order to foster a research culture in India,
improve and develop infrastructure and foster community support.
 The Drugs and Cosmetics Act, The Medical Council of India (MCI) Act states
that all clinical trials in India should follow the ICMR guidelines of 2000. The
ICMR has a mechanism of review for its own institutions, and so do other
government agencies. Every doctor is governed by the MCI Act. Any doctor
doing wrong in a trial or in practice can be prosecuted and the hospital can be
closed. The MCI Act is very strong; the MCI has the power to take punitive
measures.
 The Drugs Controller General of India (DCGI) is responsible for regulatory
approvals of clinical trials in India. The DCGI's office depends on external
experts and other government agencies for advice.
 SEX DETERMINATION
 Test Sex determination refers to prenatal or testing the gender of the fetus
before birth. With the centuries- old preference being given to male children in
the traditionally patriarchal Indian society, the birth of a girl child isn’t much of
a cause for celebration in most parts of India. Studies have shown that female
infanticide has been an ongoing practice in most parts of the country, especially
the north.
 To check this situation of women being pressurized by the family to abort
female fetuses, the Indian Parliament in 1994 passed the ‘Prenatal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act.
 This Act bans the determination of the gender of the fetus before birth and was
enacted in an effort to narrow down the growing gender gap in numerous states
within the country. The Act was further upgraded in 2003 and called the PC-
PNDT Act [Pre-conception and Prenatal Diagnostic Techniques (Prohibition of
 Sex Selection)]. This also bans sex determination, advertisements related to
preconception and prenatal determination of sex as well as the use of sex
selection technologies on the unborn child.
 objectives of Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994
a. prohibit sex selection (before or after conception)
b. regulate pre-natal diagnostic techniques for detecting genetic or metabolic
disorders or chromosomal abnormalities or certain congenital mal-formations
or sex linked disorders
c. prevent misuse of such techniques for the purpose of sex determination of
female foeticide
 DESIGNER BABY
 A designer baby is a baby whose genetic makeup has been selected or altered,
often to include a particular gene or to remove genes associated with a disease.
This process usually involves analysing a wide range of human embryos to
identify genes associated with particular diseases and characteristics, and
selecting embryos that have the desired genetic makeup; a process known as
preimplantation genetic diagnosis. Other potential methods by which a baby's
genetic information can be altered involve directly editing the genome before
birth.
 Genetically altered embryos can be achieved by introducing the desired genetic
material into the embryo itself, or into the sperm and/or egg cells of the parents;
either by delivering the desired genes directly into the cell or using the gene-
editing technology. This process is known as germline engineering and
performing this on embryos that will be brought to term is not typically
permitted by law.
 Editing embryos in this manner means that the genetic changes can be carried
down to future generations, and since the technology concerns editing the genes
of an unborn baby, it is considered controversial and is subject to ethical debate.
 While some scientists condone the use of this technology to treat disease, some
have raised concerns that this could be translated into using the technology for
cosmetic means and enhancement of human traits, with implications for the
wider society. In many ways, designer babies—sometimes called genetically
modified babies—are the obvious result of decades of advancing IVF
technology. Once scientists discovered how to create babies in the lab, embryo
editing to produce a healthy GMO baby (also referred to as GM baby) was
perhaps a natural next step. Scientists saw the potential to not just optimize
genes for disease prevention, but also to choose aesthetics and personality traits.
 There are various technologies involved in the creation of a GM baby. One
protocol is Preimplantation Genetic Diagnosis (PGD), where embryotic genetic
defects are identified preimplantation and only embryos devoid of certain
genetic disorders are implanted. Most recently in the news is CRISPR genetic
engineering, which was originally created in the 1980’s. An evolution of the
genetic technology is known as CRISPR- CAS9. CRISPR designer babies are
created by modifying DNA fragments to prevent and correct disease- causing
genetic errors. CAS9 is a special technology which can remove or add certain
 types of genes from a DNA molecule, and most recently has been used after
fertilization for gene-edited embryos.
 ABORTION
 An abortion is a procedure to end a pregnancy. It uses medicine or surgery to
remove the embryo or foetus and placenta from the uterus. The procedure is
done by a licensed health care professional. Every woman has the recognized
human right to decide freely and responsibly without coercion and violence the
number, spacing and timing of their children and to have the information and
means to do so, and the right to attain the highest standard of sexual and
reproductive health (ICPD 1994). Access to legal and safe abortion is essential
for the realization of these rights.
 One in four pregnancies ends in abortion. Abortions include various clinical
conditions such as spontaneous and induced abortion (both viable and non-
viable pregnancies), incomplete abortion and intrauterine fetal demise.
Abortions are safe if they are done with a method recommended by WHO that
is appropriate to the pregnancy duration and if the person providing or
supporting the abortion is trained. Such abortions can be done using tablets
(medical abortion) or a simple outpatient procedure. Unsafe abortion occurs
when a pregnancy is terminated either by persons lacking the necessary skills
or in an environment that does not conform to minimal medical standards or
both.
 Unsafe abortion procedures may involve the insertion of an object or substance
(root, twig, or catheter or traditional concoction) into the uterus; dilatation and
curettage performed incorrectly by an unskilled provider; ingestion of harmful
substances; and application of external force.
 In some settings, traditional practitioners vigorously pummel the woman's
lower abdomen to disrupt the pregnancy, which can cause the uterus to rupture,
killing the woman. Women, including adolescents, with unwanted pregnancies,
often resort to unsafe abortion when they cannot access safe abortion.
 The Medical Termination of Pregnancy (MTP) Act, enacted in 1971 in India, is
a crucial legal framework that governs the termination of pregnancies in the
country. The primary objective of this legislation is to regulate and facilitate
safe and legal abortions to protect the health and well-being of women. The
MTP Act, with subsequent amendments, outlines the conditions under which a
pregnancy can be terminated and the procedures to be followed.
 The major sections of the MTP Act include:
a. Conditions for Abortion (Section 3): This section specifies the circumstances
under which a pregnancy can be terminated, including risks to the physical or
mental health of the woman, the risk of a child being born with physical or
mental abnormalities, and cases resulting from contraceptive failure or
unintended pregnancies in rape victims.
b. Authorization of Abortion (Section 4): According to this section, a registered
medical practitioner is authorized to perform abortions. However, the procedure
must be carried out in a registered medical facility approved by the government.
c. Time Limits for Abortion (Section 3(2)(b) and Section 5): The MTP Act sets
a gestational limit for abortions, generally up to 20 weeks. However, exceptions
 are allowed beyond 20 weeks if there is a risk to the life of the pregnant woman
or if the fetus shows substantial abnormalities.
d. Consent (Section 3(3)): The Act emphasizes the importance of obtaining the
woman's consent before performing an abortion. In the case of a minor, the
consent of a guardian is required.
e. Confidentiality (Section 5): The MTP Act ensures the confidentiality of the
woman undergoing an abortion. Medical practitioners are prohibited from
revealing her identity without her explicit consent.
f. Prohibition of Sex-Selective Abortions (Section 6): The Act prohibits the
disclosure of the sex of the fetus, and abortion for the sole purpose of sex
selection is strictly prohibited.
 CLONING
 Cloning, the process of generating a genetically identical copy of a cell or an
organism. Cloning happens often in nature—for example, when a cell replicates
itself asexually without any genetic alteration or recombination. Prokaryotic
organisms (organisms lacking a cell nucleus) such as bacteria create genetically
identical duplicates of themselves using binary fission or budding.
 In eukaryotic organisms (organisms possessing a cell nucleus) such as humans,
all the cells that undergo mitosis, such as skin cells and cells lining the
gastrointestinal tract, are clones; the only exceptions are gametes (eggs and
sperm), which undergo meiosis and genetic recombination.
 Reproductive cloning is defined as the deliberate production of genetically
identical individuals. Each newly produced individual is a clone of the original.
 Monozygotic (identical) twins are natural clones. Clones contain identical sets
of genetic material in the nucleus—the compartment that contains the
chromosomes—of every cell in their bodies.
 Thus, cells from two clones have the same DNA and the same genes in their
nuclei. All cells, including eggs, also contain some DNA in the energy-
generating “factories” called mitochondria.
 These structures are in the cytoplasm, the region of a cell outside the nucleus.
Mitochondria contain their own DNA and reproduce independently. True clones
have identical DNA in both the nuclei and mitochondria, although the term
clones is also used to refer to individuals that have identical nuclear DNA but
different mitochondrial DNA.
 ARTIFICIAL REPRODUCTIVE TECHNOLOGIES
 Assisted reproductive technology (ART) is used to treat infertility. It includes
fertility treatments that handle both a woman's egg and a man's sperm. It works
by removing eggs from a woman's body. The eggs are then mixed with sperm
to make embryos. The embryos are then put back in the ART procedures
sometimes use donor eggs, donor sperm, or previously frozen embryos.
 It can be prevented or minimized by limiting the number of embryos that are
put into the woman's body.
 Types of ART:
a. Show Ovulation induction (OI)
b. Show Artificial insemination or IUI
c. Show In-vitro fertilisation (IVF)
 d. Show Intracytoplasmic sperm injection (ICSI)
e. Show Preimplantation genetic testing (PGT)
f. Show Surrogacy
 Surrogacy under ART Act
The (ART) Act in India, enacted in 2010, governs various aspects of assisted
reproductive technologies, including surrogacy. The ART Act outlines the legal
framework for surrogacy arrangements, with the primary goal of protecting the rights
of all parties involved. According to the Act, a surrogate mother is defined as a woman
who agrees to bear a child for another person or couple through the use of assisted
reproductive technology. The ART Act requires that the surrogacy process adheres to
certain ethical and medical standards. It mandates the establishment of an ART clinic
that must be registered with the appropriate authority. Key aspects of surrogacy under
the ART Act include:
 Eligibility Criteria (Section 4): The Act specifies eligibility criteria for
intending couples seeking surrogacy, ensuring they meet certain medical and
legal requirements. It also outlines the conditions under which a woman can
become a surrogate mother.
 Rights and Obligations (Section 5): The rights and obligations of the
surrogate mother and the intending couple are clearly defined in the ART Act.
The surrogate mother retains the right to medical care and the right to refuse
termination of pregnancy except in cases of life-threatening situations.
 Compensation and Expenses (Section 6): The Act allows for reasonable
compensation to be paid to the surrogate mother, but commercialization or
profiteering from surrogacy is prohibited. The compensation is meant to cover
the medical expenses, insurance, and other related costs.
 Insurance Coverage (Section 17): The ART Act mandates that the surrogate
mother is provided with comprehensive insurance coverage for any medical
complications arising during the pregnancy and childbirth.
 Parentage and Legal Status (Section 13): The Act addresses the issue of
parentage, ensuring that the child born through surrogacy is legally recognized
as the biological child of the intending couple, with no rights accruing to the
surrogate mother.
 Regulation and Registration (Chapter III): The ART Act establishes the
National and State Boards to regulate and supervise assisted reproductive
technology clinics. The Act also mandates the registration of all ART clinics,
ensuring compliance with ethical and legal standards.