Unit-I: Introduction: Notion of Technology

a) Emergence of Technology and Industrial Revolution

b) Legal Order and Technological Innovation
c) Technology and its Impact on Society and Politics
d) Notion of Technological Society
e) Law, Ethics and Technology

Unit-II: E-Commerce
a) Model Law of E-Commerce
b) Online Contracting
c) Jurisdiction Issue in E-Commerce
d) Digital Signature/Electronic Signature
e) E-payment, E-Banking

Unit-III: Cyber Crime

a) Jurisdiction Issue in Cyber Crime
b) Cyber Crime under Information Technology Act: National Perspective
c) Cyber Crime under Information Technology Act: International Perspective
d) International Convention on Cyber Crime
e) Mobile Phones Crimes

Unit IV: Genetic and Medical Technologies

i. Genetic Technologies
a. Environment Effect: Environment Protection Act
b. Genetic Engineering and Plant Variety Act
c. Natural Resources and Bio-Diversity Act

ii. Medical Technologies

a. Medical Technologies and Forensic Science
 i. DNA Profiling
ii. Brain Mapping
iii. Narco-analysis
iv. Handwriting
v. Any other new Forensic Science

b. Medical Technologies and Drugs

i. Patent Protection
ii. Life Saving Drugs
iii. Generic Drugs
iv. National Drugs Policies

c. Medical Technologies and New Areas

i. Organ Transplantation
ii. Experiment on Human Beings
iii. Sex Determination Test
iv. Designer Baby
v. Abortion
vi. Cloning
vii. Artificial Reproductive Technologies
 UNIT-1: INTRODUCTION: NOTION OF
TECHNOLOGY
EMERGENCE OF TECHNOLOGY AND INDUSTRIAL REVOLUTION

INDUSTRIAL REVOLUTION

Industrial Revolution is the process of change from an agrarian and handicraft economy
to one dominated by industry and machine manufacturing. These technological changes
introduced novel ways of working and living in fundamentally transformed society.

The term industrial revolution describes a historical period which started in 18th century
at the time of Great Britain where the pace of change appears to be speed up.

The process of technical innovation brought about a lot of new tools and machines. It
also involves more practical improvements in various fields affecting labour,
production and resource use.

The word "technology" is derived from the Greek word “techne” which means art or
craft.

EVOLUTION OF INDUSTRIAL REVOLUTION

The First Industrial Revolution began in the 18th century through the use of steam
power and mechanisation of production.

By the 1830s and 40s, the Industrial Revolution began in Britain and spread to the rest
of the world, including the United States.

That iron and textile industry became the mainstay of industrial revolution and the
process went in hyperdrive with the development of steam engine and ships.

Some of the innovations of the first industrial revolution: - Steam engine, Spinning,
Telegraph, Cement and Modern roads etc.
The Second industrial revolution began in the 19th century through the discovery of
electricity and mass production.

That is, large scale machines were brought into the picture. And there was rapid
advancement in the steel, electric and automobile industries.

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.

The Third Industrial Revolution began in the middle of 20th century through partial
automation using controls and computers.

Since the introduction of these technologies, we are now able to automate an entire
production process without human assistance.

It is seen that each revolution took about a hundred years to establish and then give way
to the next revolution.

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, artificial intelligence, 3-D printing, and autonomous vehicles etc.

The best example would be artificial intelligence that 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.
INDIA AND INDUSTRIAL REVOLUTION

India was famous for handicrafts from the pre-British times. In Mughal periods the
variety of handicrafts became famous in the global market.

However, the Industrial Revolution came late to India and that was mainly because of
India’s complicated political and economic relations with Britain.

IMPACT OF THE REVOLUTION IN INDIA

 India dominated the cotton textile market in the 18th century. It took a severe hit
when the Industrial Revolution began in England.
 The use of steam power in British mills reduced the cost of cotton by 85 %.
 In order to protect its domestic industry, it began to restrict textile imports from
India. On the other hand, it started to export textiles to India.
 British protectionist laws led to deindustrialization in India.
 The new colonial law forced the farmers to grow cash crops like cotton instead
of food crops, leading to famine and poverty.

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
AI-driven diagnostics, personalized treatment, early identification of pandemics
etc. among others.
 Enhancing farmer’s income by providing them with the latest technologies.
 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.
 Recently, India has announced its drone policy, which will play an important
role in security, traffic and mapping.
 EMERGENCE OF TECHNOLOGY

Emergence of technology is a term generally used to describe a new technology, but it

may also refer to continuing development of an existing technology, it can have a
slightly different meaning when used in different areas such as media, business science
or education.

The term commonly refers to technologies that are currently developing or that are
expected to be available within next 5 to 10 years.

Emerging technologies are technologies that are perceived as capable of changing the
status. These technologies are generally new but include older technologies.

In other worlds an emerging technology can be defined as a radically novel and

relatively fast-growing technology.

Emerging technologies include a variety of technologies such as educational

technology, information technology, nano technology, psycho technology, robotics and
artificial intelligence.

Emerging digital technologies have generated new opportunities which creates new
legal challenges, particularly related to copyrights trademarks patents commercials and
licensing.

Emerging technologies are those technical innovations which presents domestic

progressive developments within a field for competitive advantage.

Technologies can increase productivity to help countries compete with other countries
in selling goods and services.

In today’s world we are currently using some emerging technology from our recent past
and global position system. It plays an important role by providing information to keep
us safe by tackling a movement and by providing accurate time and distance
information.

Technology has transformed the way we live in small daily way that changed the lives
of the people to serve the country.
 LEGAL ORDER AND TECHNOLOGICAL INNOVATION

Humans are prone to make errors like if a judge delivers inappropriate judgment, any
lawyers commit mistakes during the litigation process or any law students have
provided a false interpretation of case law during the research process, such errors are
non- bearable in a field of law.

Aforesaid errors are possible to avoid, only when we are capable of transforming the
legal profession in India to “Legal-Tech Profession” and able to replace human
intelligence with machine intelligence.

Laws can’t be constant with the changing culture and society. Therefore, technology
plays a very important role to keep us updated with changes in law. Android
Applications (Apps) and websites are not only for entertainment or commercial
purposes, but can also be fruitful for the legal profession. Artificial Technology aims to
make citizen’s tech savvy for the India Legal System.

Technology has been playing a vital role in the legal industry. It has increased the
efficiency of legal officers and productivity of clerical workers. With the advent of legal
tech, there is greater transparency between legal firms and clients. Clients know how
much fees they have to pay and can keep track of day-to-day progress of the lawyer on
their case. Also, there is no doubt that technology, if used correctly, is fast and efficient,
more than any human individual.

LAW FIRM TECHNOLOGY

In law firms, electronic billing (“e-billing”) is gradually replacing traditional paper

invoices.

Law Firms endeavour to provide legal services to their clients digitally through video
conferencing or calls, which perhaps is more time-saving, reliable and cost effective for
everyone.

Electronic case management has also changed how documents are handled. Firms are
now storing large case files electronically and employing databases to track, edit,
search, distribute, and archive documents.
BETTER RESOURCE MANAGEMENT

Earlier, junior attorneys were recruited to perform odd jobs like storing, managing titles,
or informing lawyers about their daily schedule. This not only makes them disinterested
in the process, but also makes senior attorneys wonder how to use their potential in a
better way.

The legal title management and calendaring applications perform all the tasks
associated with titles along with giving them quick insights of what all tasks they have
to do on that particular day. This gives senior attorneys an opportunity to use the
resources (here, junior attorneys) in a better and effective way. Consequently, resulting
in better outcomes.

TECHNOLOGY IN LEGAL EDUCATION

Technology is a key instrument for law students doing Research and data analysis in
legal education. Legal Research is considered as an important ingredient of law. From
a student starting career in law to Supreme Court judges, research is something they
can’t get away from. Legal Research includes data analysis and interpretation of various
judgements, Statues, acts etc.

Earlier research work was done only by reading books and various bare acts in a library.
Therefore, Technology comes to the rescue this by providing E-Libraries and various
legal research platforms like Manu Patra, SCC, Lawyers Club India, Indian Kanoon etc.
Various law Colleges grant free access of these apps and websites to students.

Technology has given education a new structure and wider scope. Education in colleges
is not confined to classrooms, libraries and paper tests; use of technology has placed
more emphasis on co-curricular activities like legal blogs, essay writing competitions,
call for papers, online internships and online quiz with respect to provide greater career
opportunities to law students.
TECHNOLOGY IN THE COURTROOM

E-filing means filing documents electronically with the court has now become very
common and Courts are posting court filings on web-based databases which allows
counsel to access court documents easily.

Built-in monitors and equipment facilitate the use of trial presentation software and
other technology in the courtroom.

E-DISCOVERY

E-discovery requires parties in litigation to produce documents that exist only in

electronic form (e-documents) such as emails, voicemails, graphics, instant messages,
e-calendars, and data on handled devices.

This database technology allows legal professionals to image, code, analyse, review,
and manage the massive amounts of electronic evidence, a process called “electronic
database discovery” (EDD).

It is the time-intensive process of reviewing and producing millions of pages of

electronic information.

IMPACT OF TECHNOLOGY ON SOCIETY

Our society is completely dependent on technology due to increase in the trend of

digitalization. In the past few decades, technology grows rapidly. And the use of
technology is also increased drastically. It affects the life of people and changes the way
of their learning, thinking, and communication. It plays a major role in society, and now
it is very tough to imagine the life without technology.

The regular and wide use of technology has also impacted the needs and demands of
the people. Technology can be used to perform different and routine tasks in an
individual’s life including traveling, communication, learning, business or comfort
ability.
However, people are getting more concern due to increase in use of technology even
after its wide benefits. The poor application of technology resulted in the creation of
more pollution to the environment, which is a serious threat to the lives and property of
the people of the society. It requires the proper and significant use of the technology.

Although technology improves the lifestyle of human being, it also a major concern for
the future generations.

Nowadays, people are excessively using technology which reduce their physical
activities that directly affect their health. Also, due to the excessive use of technology
there are so many cybercrimes happens every day in which someone steals the identity
or personal information of the victim, such as Unique ID number, PAN number, Debit
Card, etc., and uses it to conduct a crime or fraud without our permission.

Why people consider the use of technology harmful? Technology is not harmful to the
individual or to the society, it is the people itself who are creating misuse of the
technology and named it harmful for their own benefits.

Technology is used by humans to explore, connect, study, and do work. The manner in
which we use technology decides whether its effects are beneficial or detrimental for
society.

POSITIVE IMPACT OF TECHNOLOGY ON SOCIETY

1. Mechanized Agriculture: Technology changes the working mechanism of

farmers. Mechanization simply means that machines and technological systems
have replaced ancient farming systems such as work animals and manual labour.
Lots of machines and technical instruments were introduced in the agricultural
area which makes farming very easy, effective, automated, etc.

2. Modern Transportation: The advent of trains, buses, cars, airplanes, speed

boats, etc. has made it possible for people to travel from one place to another in
much less time. Even there are ridesharing apps, such as Uber and Ola, which
have made it very easy to get to a destination very quickly and inexpensively.
 The backbone of any society is its infrastructure, which includes both
telecommunication and transportation systems, so the evolution of both systems
has greatly helped to shape the modern world.

3. Improved Communication: Communication is the most important part of

society; we build or transfer our thoughts with each other with the help of
communication. Earlier people used pigeons or birds to transfer their messages
to their loved ones. After that technology slowly grows and the medium of
transferring information is shifted to mobile phones, email, social media
platforms etc. It is the fastest, efficient, and effective medium. People can talk or
share information with their loved ones easily even if they are very far away from
them.

4. Improvement in Education and Learning Process: Technology enhances the

education and learning process. Nowadays, people can easily enhance their
knowledge using the internet.
Most of the educational institutions have started integrating technologies so that
the learning process of the students could be improved. Classroom technologies
include computers, iPads, smart whiteboards, projectors, internet that could
boost the learning morale of the students.
E-books, online seminars, Online gateways and websites allow people to learn
in a faster and more efficient manner with the convenience of mobile, computer.

5. Easy to access information: We can easily access information via the internet
anytime and anywhere. Most of the information is present on the internet are free
of cost, so we can use them to enhance our knowledge, skills, etc.

NEGATIVE IMPACTS OF TECHNOLOGY ON SOCIETY

1. Resource Depletion: Due to increase in demand of the latest and the new
technologies, more pressure on the earth and its natural resources have been
 created. There are various numbers of computers and mobile phones that are
manufacturing on the regular basis.
With the increasing demand, manufactures like Samsung or Apple are getting
benefits but the sustainability of these demands requires the exploitation of our
natural resources including aluminium. If these ages continue, there will be time
when our future generation has to go through with several problems.

2. Increased Population: In developed countries, the growth of population is

controlled by various birth control advanced methods which balance in
population in terms of natural resources and various other opportunities that
offers planned population. But developing countries follows entirely different
concept. The birth rate and the mortality rate are very high, but the food is scarce
and health is poor.

3. Increase in unemployment: Nowadays, large and small business uses

machinery and technical equipment because of their low costing and high
efficiency due to which the rate of unemployment is increasing continuously.

4. Increase in pollution: Not only humans but technology also affecting our
environment. Due to vehicles and machinery, the rate of pollution is increasing
continuously which causes global warming, etc.

5. Increase in health and mental concerns: Nowadays, technology effecting the

physical as well as mental health of human beings. It makes people lazy,
emotionally weak, sleeping problems, reduce physical activity, also people are
spending less time with their family and friends.

6. Increase in cybercrimes: Due to the excessive use of the internet, the rate of
cybercrimes is also increased. Some people (attackers) harm innocent people
(victims) or children for money or fun.
 IMPACT OF TECHNOLOGY ON POLITICS

 The continued growth of technology has a significant impact on the political

ratings that candidates achieve. Political candidates use technology in many
ways.

 Different communication channels provided by the Internet have the power to

influence the growth of different individuals in their respective spheres. The likes
of Twitter, Facebook, and YouTube are powerful communication media
platforms that can easily raise the ratings of political candidates.

 One of the ways in which technology influences politics is the financial side.
Raising funds to use for campaigning is an important factor for political
candidates. This is a major hurdle experienced by political candidates. By
broadcasting through technological marketing, candidates get suitable donors to
support different parts of their campaigns.

 More recently, social media has emerged to become one of the main areas of
influence for politics, where millions of users are able to learn about politicians'
policies and statements, interact with political leaders, organize, and voice their
own opinions on political matters.

 The Internet enables politicians to use podcasting. The act of podcasting can
make anyone a journalist. Through podcasting, politicians are able to portray a
journalistic stature, thereby ensuring that the information is credible. It is,
however, difficult for politicians to guarantee the integrity of the information
posted. The Internet can be accessed by anyone and podcasts can be posted by
anyone. All in all, gaining political publicity through podcasts is common but
expensive method to use.

 Another way to look at the matter is the Internet which is the tool for free
advertising. Political videos easily generate online rating gains, and such
 political Internet advertisement will reach the target audience if launched
properly. Individuals perform the needed publicity as each person shares the
video, and so on.

 It is clear that gaining political publicity through the use of technology has
become easier, especially since technological devices are so accessible and
widespread.

 However, with the use of the Internet, any political figure can become
recognizable within just a few minutes. In only a few hours, public opinion on a
particular political figure is already formed within one of the social groups of
voters. Not just the good, but also a bad reputation can be formed in a blink of
an eye using modern technology. It often happens that the bad “gossip” spreads
much faster.

NOTION OF TECHNOLOGICAL SOCIETY

 The expression does not refer to particular society but to the idea or notion of the
society.

 It refers to a technical phenomenon.

 It refers to the mental attitude of post-modern man that influences the lifestyle
of the people at varying degree.

 It refers to inter-dependency, co-dependence, co-influence, and co-production of

technology and society upon one another (technology upon culture, and vice
versa). Evidence for this synergy has been found since humans first started using
simple tools.

 The inter-relationship has continued as modern technologies such as the printing

press and computers have helped in shaping society.
 LAW, ETHICS AND TECHNOLOGY

 Every technological invention has got both positive and negative impacts on the
society. Like Einstein while giving the nuclear power theory as has never
expected that his discovery shall ever be used for such a devastating destruction
at Hiroshima and Nagasaki.

 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.

 Technology has created high-end job opportunities for the techies in one hand
and on the other hand has created severe unemployment among non-tech groups.

 Communication Technology has made trade, investment, business simpler

through e-commerce and on-line transactions but suffers from cyber-crimes,
forgery, sabotage, hacking and loss.

 Internet has made the whole world a small intellectual village but at the same
time is polluted with horrid contents like pornography, spam, worms, and
viruses.

 Technology has enabled us to do things that we wouldn't have dreamed of 30

years ago. Whether it's choosing your child's genetic traits, modifying
agricultural products to enhance insect resistance, or tracking a suspected
criminal's cell phone location for a criminal investigation.
 Digital technology is advancing every day. Artificial intelligence is growing all
around us and computers will behave more and more like humans. As computers
start to act more like humans, there will be societal challenges. We not only need
a technology vision for AI, but we also need an ethical vision for AI.

 Therefore, it is high time now for careful inspection of the legal and ethical
aspects of technology as there are not enough guidelines available in this field as
compared to those available in conventional branches of science and technology.

 More importantly, now technology is not limited to the scientists and software
engineers alone, rather it has become a widespread phenomenon, affecting
people at various stages in their role, as customers, service provider, participants,
middlemen etc.

 With the increasing identity theft rates in India, the Information Technology 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.

 Another most common type of cyber scam of today is phishing in which the
criminals send bogus emails convincing the user into giving up personal
information at fake websites that resemble those of legitimate financial
institutions and other commercial outfits.
 UNIT-II: E-COMMERCE
MODEL LAW OF E-COMMERCE
Electronic commerce (e-commerce) refers to companies and individuals that buy
and sell goods and services over the Internet.

In today’s world, a large number of international trade transactions are carried

out by electronic data interchange and other means of communication, commonly
known as “electronic commerce”. It uses alternatives to paper-based methods of
communication and storage of information.

The United Nations Commission on International Trade Law (UNCITRAL), by

the means of Model Law on Electronic Commerce (MLEC), try to provide a set
of internationally acceptable rules with an aim to remove legal obstacles in e-
commerce. It has further improved the efficiency in international trade by
providing equal treatment to paper based and electronic information, thus
enabling the use of paperless communication.

The model law is not a comprehensive. It does not intend to govern every aspect
of electronic contracting. It adopts a limited framework approach and enables and
facilitates e-commerce.

The MLEC was the first legislative text to adopt 3 fundamental principles that are
widely regarded as the founding elements of modern electronic commerce law.

The principle of non-discrimination – It ensures that any document

would not be denied legal validity, effect, and enforceability solely on the
basis that it is in electronic form.

The principle of technological neutrality – It talks about the mandatory

adoption of such provisions which are neutral with respect to technology
used.
 This aims at cooperation in any future developments without any further
legislative work.

The functional equivalence principle – The functional equivalence

principle lays out criteria under which electronic communications may be
considered equivalent to paper-based communications.
This approach allows a legal system not to alter its traditional rules about
paper-based documents. It also avoids creating a special legal regime for
electronic communications.

MODEL LAW

The Model Law has been divided into two parts:

 The Part I relates to the general provisions relating to e-commerce, it

legislates the three principles of non-discrimination, technological
neutrality, and functional equivalence.
 The Part II of the Model Law deals with specific provisions for e-
commerce in certain areas.

MLEC also establishes rules for formation and validity of e-contracts, for data
message attribution, for receipt acknowledgement and for determining receipt of
data messages, etc.

GENERAL PROVISIONS (ARTICLE 1-4)

Article 2 of the Law provides six definitions, the most important one is of “Data
message”. It is defined as information generated, sent, received, or stored by
electronic means. This broad definition includes a view of the record and even
revocation and amendment.
The sphere of application that Article 1 talks about, is for the information in the
form of data messages, in the context of commercial activities.

Article 3: The Model Laws give the interpretational tools which call for a standard
of international origin and uniformity in application of general principles of law.

Article 4 (Variation): There can be variation in the communication of data

messages by the agreement of the parties.

APPLICATION OF LEGAL REQUIREMENT TO DATA MESSAGES

(ARTICLE 5-10)

Article 5 (The principle of non-discrimination): It specifies that the information

communicated via electronic mode, i.e., in the form of data messages cannot be
denied legal validity and effect.

Articles 6 & 7 (Written Communication & written Signature): Accessibility of

data messages does not require the document to be in writing, and recognition of
digital signature marks the approval of the full structure of the contract.

Article 8 (Notion of originality): It provides that data messages can fulfill the
legal requirement of presentation and retention of information in its original form
subject to the assurance of integrity and presentability of data messages.
Presentability meaning the ability to display the information where required.

Article 9 (Admissibility): It specifies that the data messages cannot be denied

admissibility in the court of law solely on the basis that the information is in the
form of a data message. Thus, evidentiary value has been granted to data
messages.

Article 10: The requirement of retention of information is also met by retention

of information in the form of data messages subject to the accessibility, accuracy
and originality of format and identity of origin.
COMMUNICATION OF DATA MESSAGES (ARTICLE 11-15)

Article 11 (Offer and acceptance): Offer and acceptance of offer, when

communicated in the form of data messages, cannot be denied legal validity and
enforceability solely on the grounds that they are in the form of data messages.
Thus, the formation of a valid contract was made possible through the means of
data messages.

Article 12: Acknowledgement in the form of receipt of data messages has also
been granted legal validity.

Article 13: The data message is attributed to the originator if it is sent by him or
by a person authorised by him.

Article 14: It provides that the receipt of the data message and its
acknowledgement can also be agreed upon by the parties beforehand.

Article 15: The transaction proceeds when the information goes out of control of
the sender. The place of dispatch is the place of business, and the time is when
the acceptance enters the system of the addressee.

SPECIFIC PROVISIONS (ARTICLE 16-17)

Articles 16 & 17 talks about carriage of goods and transport documents: They
enforce the ability to achieve carriage of goods by the means of data messages
and fulfillment of the requirement of transport documents through the same as
well.

CONCLUSION

The Model Law of E-Commerce was adopted to facilitate the international trade
through electronic modes of communication. It aimed at encouraging national
legislators to adopt a set of internationally acceptable rules regulating e-
commerce.
Different states enacted laws based on the principles of this Model Law. Thus,
the courts have interpreted the provisions of their domestic laws according to the
Model Law.

Thus, the Model Laws became the basis for several legislative texts enacted by
various governments across the globe and it gave a uniformity to the laws
concerning the information communicated by the electronic mode of
communication.

ONLINE CONTRACTING

Online contracts refer to contracts that are created and signed over the Internet.
These are also referred to as electronic contracts or e-contracts.

These contracts provide a fast and a convenient way for individuals and
organizations to enter into legally binding agreements with other parties. They
are now being used for a wide range of purposes, from consumer and business
agreements to government filings.

ELECTRONIC CONTRACT

An electronic contract refers to an agreement that is made and signed

electronically, meaning that it does not involve the use of paper or hard copy.

In case of an online contract, the seller who intends to sell their products, present
their products, prices and terms for buying such products to the prospective
buyers. In turn, the buyers who are interested in buying the products either
consider or click on the ‘I Agree’ or ‘Click to Agree’ option for indicating the
acceptance of the terms presented by the seller or they can sign electronically.
Electronic signatures can be done in different ways like typing the name of the
signer’s in the specific signature space, copying and pasting the scanned version
of the signature.

Once the terms are accepted and the payment is made, the transaction can be
completed. The communication is basically made between two computers
through servers.

Online Contract is modelled for the sale, purchase and supply of products and
services to both consumers and business associates.

Normally, these kinds of contracts are made for speedy entering into a contract.
These types of contracts perform the best role where the parties of the contract
live in the different places of the world and it is very tough to meet in reality due
to far distance. They can make contracts easily and fulfil their requirement online.
If either of the party wants to recall the terms of the contract which they forget,
they can easily read it again in just a few clicks.

The e-contract takes its legal authority from section 10A of the IT act. It says that
“E-contracts, which follows the essentials of a valid contract and made
electronically, shall be enforceable by law”.

In the case of the State of Delhi vs Mohd. Afzal and others, the court held that the
electronic pieces of evidence are admissible as evidence in the court.

E-CONTRACT EXAMPLES

 Physical goods which are ordered on an online platform and payment is

made via the internet, and delivery is made physically. For example,
Amazon or Flip cart.
 Freelancing is very popular in today’s time. There are many freelancing
platforms such as Upwork and Fiverr etc. which help a freelancer to do
online work for a person who is sitting far away from that person.
  A person withdrawing his money from an ATM is also an example of an
electronic contract.
 The installation of software in your laptop while accepting its terms and
conditions is an example of an e-contract.

NATURE OF E-CONTRACT

 In most cases, parties do not meet physically.

 No physical boundaries.
 No handwritten signature
 Most of the time, no handwriting is required.
 These types of contracts can be used in court as evidence.
 There is no single authority to look into the whole process
 In case of breach of contract, the jurisdictional issues are major.
 The risk factor is high.

ESSENTIALS OF E-CONTRACT

The essentials of E- Contracts are almost the same as the essentials of a valid
contract which are as follows:

1. Offer: There must be a lawful proposal or offer made by one party to

another party so that they can make the contract between each other.
Advertisement on websites is considered to be an invitation to offer until
and unless it is specified clearly. Because offer and invitation to offer are
two different concepts.
By browsing and choosing the goods and services available on the website
of the seller, the consumer makes an offer to purchase the goods. Now it's
 in the hand of the seller whether to accept it or reject it either by an express
confirmation or maybe by any conduct.
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.

2. Acceptance: When offer 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.

3. Lawful consideration: The consideration for the E-contract should be

lawful. The basic rule is that when a party to a contract promises to perform
his promise, he must get something in return for the performance of his
promise.
An act constituting consideration must be moved at the desire of the
promisor and must be legal, real and not imaginary. Promises that are
physically impossible to perform cannot have real consideration.

4. 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.
5. Lawful Object: The object of the contract should be lawful. Any contract
where the object is against the public policies, the contract will be void and
illegal.
Thus, a contract on a website designed for the purpose of selling illegal
substances online is a void contract. An agreement that calls for, the
causing of a crime is illegal and therefore void.

6. Competent parties: The parties to the contract must be competent to make

a contract with each other. The party should not minor, unsound mind and
be forbidden by law to make the contract.

7. Free consent: The consent taken by all the parties to make the contract
must be free consent. Consent has to be free and genuine and not induced
by misrepresentation, undue influence i.e., a case where one person is in a
position to dominate the will of another.
In case of online contract there is a narrow scope of physical
communication between the website and the customer availing their
service, they just give consent by clicking the option that ensures free and
genuine consent.

8. Certainty of Terms: The terms and conditions of agreement must be

certain and not vague and must also be such as are capable of performance.
An agreement to do an act impossible in itself cannot be enforced. The
time, place and manner of the performance of contract are fixed generally
at the desire and conveniences of the parties.
TYPES OF E-CONTRACTS:

1. Shrink-wrap agreements
 The term “shrink-wrap” refers to the plastic wrapping which covers
the software boxes. This wrapping can be understood as the legally
enforceable terms and conditions. As soon as the user removes that
wrapping, he is entering into a contract.
 In simple words, a shrink-wrap agreement is a licensing agreement
containing some terms and conditions packaged with the product.
The customer automatically gives his consent when he uses the
product.
 It is a sort of unsigned undertaking given by the customer while
submitting to the terms and conditions.
 Following are the terms and conditions which can be made through
the Shrink-wrap agreements-
License
Fees and payments
Warranties
Limitations of liability
 Sometimes additional terms can be observed only after loading the
product on the computer and then if the buyer does not agree to those
additional terms, then he has an option of returning the software
product. As soon as the purchaser tears the packaging or the cover
for accessing the software product, shrink-wrap agreement gives
protection by indemnifying the manufacturer of the product for any
copyright or intellectual property rights violation. Though, in India,
there is no stable judicial decision or precedent on the validity of
shrink-wrap agreements.
 2. Click- wrap agreements
 These are web-based agreements which require the 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. The
terms and conditions for usage are exposed to the users prior to
acceptance. For agreement of an online shopping site etc.

3. Browse wrap agreements

 (Also referred to as “browser wrap” or browse wrap license)
 These are license agreements commonly used by websites, which
state that by using the website the user assents to the site’s Terms
and conditions, which are often presented via hyperlink.
 Browse-wrap agreements are probably seen on many websites while
searching or reading anything on websites. They are some kinds of
pop-ups that ask you to click “OK” or “I AGREE” though, you can
use the website with or without clicking there.

VALIDITY OF E-CONTRACTS

In the eyes of the law, the E-contract is also considered as any other
physical contract. This is also governed by the Indian contract act.
Therefore, the validity of an e-contract in India will depend if it is
satisfying all the essentials of a valid contract.
The Information Technology Act, 2000 has made certain provisions for the
validity and the formation of online contracts but no specific legislation
has been incorporated for the validity of online contracts in India. Even if
no specific provision is made for the validity of online contracts, it cannot
be challenged based on technical grounds.

The Information Technology Act, 2000 provides various procedural,

administrative guidelines and regulates the provisions relating to all kinds
of electronic transactions. These include computer data protection,
authentication of documents by way of digital signature.

Though electronic contracts have been given recognition by the IT Act,

2000, but majority feels it less secured to get into any kind of online
contracts as there are no concrete judicial precedents for the validity and
enforceability of online contracts in India.

Like in case of browse wrap contracts, we usually accept the terms and
conditions of the contract by clicking the button that indicates ‘I Agree’
and in case of shrink wrap contract or purchase of a software product,
assent is given by the consumer or the purchaser with tearing of the
wrapper and using it.
Many of us have the tendency of not reading the terms and conditions
carefully before agreeing to such. But these actions should be taken
consciously and carefully only after reading the terms of the contract
properly as it leads to a valid contract and the terms can be strictly enforced
against them.

And as per Indian Evidence Act any e- mail communication and other
communication made electronically is recognized as valid evidence in a
Court of law.
 Several laws such as The Indian Contract Act, 1872, Information
Technology Act, 2000, Indian Copyright Act, 1957 and the Consumer
Protection Act, 1986 to some extents are working and acting on resolving
issues that arise relating to the formation and validation of online contracts.
The Information Technology Act, 2000 is the Act that governs the
transactions conducted over internet and explains the considerable mode
of acceptance of the offer and provides the rules for revocation of offer and
acceptance in a vague or indefinite manner. Hence, a separate law for
regulating contracts based on electronic devices is highly recommended.

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. The Contract Act mainly talks about two
remedies for the breach of contract such as Damages and Quantum Merit.
But few other remedies are also available as provided in the Specific Relief
Act such as specific performance of contract and injunction restraining the
other party from making a breach of contract

EVIDENTIARY VALUE OF ONLINE 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:
(a) the computer from where it was produced was in regular use by a
person having lawful control over the system at the time of
producing it,
(b) during the ordinary course of activities, the information was fed into
the system on a regular basis,
(c) the output computer was in a proper operating condition and have
not affected the accuracy of the data entered.

 Section 85A, 85B, 88A, 90A and 85C of the Indian Evidence Act deal with
the presumptions as to electronic records.
 Sec 85A has been inserted later to confirm the validity of electronic
contracts. It says that any electronic record in the form of electronic
agreement is concluded and gets recognition the moment a digital signature
is affixed to such record.
 The presumption of electronic record is valid only in case of five years old
record and electronic messages that fall within the range of Section 85B,
Section 88A and Section 90A of Indian Evidence Act.

JURISDICTION ISSUE IN E-COMMERCE

E-commerce plays a vital role in nearly every sphere of life - by 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 lot
of issues regarding jurisdiction of such transactions.
  The primary question that needs to be addressed is "when a transaction
takes place online, where is the contract concluded?"

Justice S. Murali Dhar has stated that the traditional approach to jurisdiction
invites a court to ask whether it has the territorial, pecuniary, or subject matter
jurisdiction to entertain the case brought before it. With the internet, the question
of 'territorial' jurisdiction gets complicated largely on account of the fact that the
internet is borderless.

 The websites registered in India to conduct e-commerce are governed by

all Indian laws, such as Information Technology Act, 2000; Consumer
Protection Act, 1986; Code of Civil Procedure, 1908; and Indian Contract
Act, 1872.

If there is any criminality involved in the e-commerce which is defined under

Indian Penal Code, 1860 or violation of the intellectual property laws such as The
Copyright Act, 1957 or The Patents Act, 1970, then it can be dealt appropriately
by summoning the identity of the either party in the dispute.

The rules formed under IT Act, 2000 define that the e-commerce websites
operating in India are intermediaries, and therefore need to do due diligence
pertaining to the cyber law.

Information Technology Act, 2000 and E-commerce

 The preamble to The Information Technology Act, 2000 outlines the need
to provide legal recognition to E-Commerce transactions and is also
applicable to offences committed outside India which involves a computer
system or network located in India. The act recognizes electronic mode of
communication as a tool for enforcement of valid contracts across the
country.
Illustration: If a person residing in UK commits a fraud through an e-commerce
website, then this person can be prosecuted in India under the Information
Technology Act, 2000.

 Agreements that take place on E-Commerce platforms are mostly in the

form of E-Contracts. The provisions of the IT Act provide that an electronic
contract is valid and enforceable if it complies with all pre-requisites under
The Indian Contract Act, 1872. Moreover, the legislation also addresses
the dispatch and receipt of electronic contracts which is an essential factor
in determining acceptance of a contract without altering or modifying any
existing substantive law of contract.

Section 13 (3) which provides that: "Save as otherwise agreed between the
originator and the addressee, an electronic record is deemed to be dispatched at
the place where the originator has his place of business, and is deemed to be
received at the place where the addressee has his place of business.

Indian Penal Code, 1860 and E-commerce

The Indian Penal Code, 1860 states that any person liable by Indian law commits
an offence outside the territory of India, he shall be held liable in the manner as
if such act had been committed within the territory of India.

# SMC Pneumatics vs. Jogesh Kwatra, the Delhi High Court has assumed extra
territorial jurisdiction where a corporation was being defamed through emails.

Code of Civil Procedure, 1908 and E-commerce

Section 19: 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.

Illustration: If Mr. X residing in Bangalore publishes on his website in Chennai

defamatory statements against Mr. Y. Mr. Y may sue Mr. X either in Bangalore
or Chennai.

Section 20: The Code of Civil Procedure provides for institution of proceedings
in a court within whose jurisdiction the defendant resides or the cause of action
arises.

Illustration: A is a tradesman in Calcutta. B carries on business in Delhi. B buys

goods of A, online. 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.

ANALYSIS

There are basically two main theories of jurisdiction. In rem and in personam
jurisdiction.

 In Rem Jurisdiction

It is the jurisdiction related to a thing. Intellectual property rights such as

copyright or registered trademark or patent right are all rights in rem.

However, when a person violates the copyright of another person during e-

commerce then this becomes a right in personam. And the jurisdiction matters.

Example: A trademark holder in India files an in-rem action against the Internet
domain names themselves, on the ground that domain names incorporating their
famous trademarks violates the Trade Marks Act, 1999 and are subject to
cancellation and transfer to the trademark owner. Such in rem complaint does
lack personal jurisdiction and would raise statutory concerns. The present E-
commerce law in India has deficits to deal with such situation.

 In Personam Jurisdiction

In Personam means related to person. Sections 19 and 20 of the CPC provide for
the jurisdiction of courts where a civil suit could be filed and defended when a
person commits or is defending a tort. These sections provide jurisdiction when
tort arises out of contract.

#In World Wrestling Entertainment, Inc. v. M/s. Reshma Collection & Ors., the
Appellant was a company registered in the United States of America and the
Respondent was a company from Mumbai. The suit was decided by a single
bench of Delhi High Court and while overturning the order of a single judge, it
held that jurisdiction in e-commerce cases involving trademark and copyright
disputes would be determined by the buyer’s place of residence.

This clearly shows that the current laws in India relating to e-commerce lack
prescription in any form of enactments to establish a specific jurisdiction to deal
with the matters pertaining to the infringements on the intellectual property rights
during e-commerce activities. That is, when there is a transition of In Rem
jurisdiction to In Personam jurisdiction, as it happened in World Wrestling
Entertainment, Inc. v. M/s. Reshma Collection & Ors, the laws in India lack
specific enactment.

The enactments such as “Indian Evidence Act”, “Code of Civil Procedure”,

“Consumer Protection Act”, “Indian Contract Act” or even “Information
Technology Act” are all domestic laws and can provide very limited civil remedy
when the remedy involves international disputes arising out of e-commerce.
 DIGITAL SIGNATURE / ELECTRONIC SIGNATURE

ELECTRONIC SIGNATURE

Sec 2(ta) of Information Technology Act 2000 defines electronic signature as:
“Authentication of any electronic record by a subscriber by means of the
electronic technique specified in the second schedule and includes digital
signature.”

Types of electronic signature

1. Unsecured Signature
 Email Signature– Just typing one's name at the end of an email or sending
a message on letterhead. They can be easily forged.
 Web Based Signature– Web-based clickwrap contracts create a lot of
difficulties in E-Commerce. The acceptance is made by clicking a single
button. Such a signature doesn't do anything about the identity of the
sender.

The advancement of growing online transactions has caused variety of

cybercrime to take place right from the fraud to hidden identity. It is for this
reason that Digital Signature is taken as a stricter form of signature and to protect
the identity of the sender. There are more advanced ways to limit the risk caused
in Electronic Signatures as well.

2. 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.

A digital signature is a computerized fingerprint and is used as an alternative to

the traditional way of signing documents on paper with ink.

A digital signature is a kind of electronic signature that is used to verify the name
of the sender of a message or the signer of a document. It makes sure that the
document or message is genuine and the documents that are sent are untouched.

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 will be able to know 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.

 Message Digest

It is used to ensure the integrity of a message transmitted over an insecure channel

(where the content of the message can be changed). The message is passed
through a Cryptographic hash function. This function creates a compressed image
of the message called Digest.
Authentication using Digital Signature

The authentication of the electronic record is done by creating a digital signature

which is a mathematical expression of the message content. Such signatures are
created and verified by Cryptography, which is a branch of applied mathematics.

Cryptography is used to secure the confidentiality and authentication of the data

by replacing it with a transformed version that can be reconverted in to the
original data only by someone who has the proper key.

A key is an arrangement that manages the operation of cryptographic

transformation.

It involves two processes which are as follows.

Encryption: The process of transforming the plain message into a cipher text.

Decryption: The reversal of Cipher text into the original message.

Types of Encryptions

1. 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. This secret key
is used for both encryption and decryption of the message.

2. Asymmetric Encryption

The message is encrypted by the private key of the sender, on the contrary,
decryption can be done by anyone who is having the public key.
It is also known as the ‘principle of irreversibility’ i.e., the public key of the
sender is known to many users, but they do not have access to the private key of
the sender which bars them from forging the digital signature.

SYMMETRIC

ASYMMETRIC
ADVANTAGES OF DIGITAL SIGNATURE

 DIGITAL SIGNATURE ARE SECURE

Digital signatures using cryptographic algorithms cannot be copied, unlike

handwritten signatures which can be forged and copied. Slightest change to a
digitally signed document makes the signature invalid.

 DIGITAL SIGNATURE ENSURES AUTHENTICATION

It means that an electronic document signed will be legally valid, which stands in
court just like any other paper document.

 DIGITAL SIGNATURE ENSURES NON-REPUDIATION

The digital signature is created using algorithms within a digital certificate issued
to the signer after doing analysis by Certifying Authority. The signer is the true
authorizer of his authentication (signature).

 COST EFFECTIVE AND EFFICIENT

New businesses and governments are welcoming the concept of digitally signing
the document to make or have paperless transactions. With the implementation
of e-signature, the entire process has become convenient, effective, has reduced
the cost, and documents are secured.

 TRACKING DIGITAL SIGNATURE DOCUMENT

Any digital document that is digitally signed can be traced effortlessly and located
in a short time.

 TIME -STAMPED OF DIGITAL SIGNATURE

Time stamping will allow the digital signature to give a clear indication of when
the document was signed.
  SPEED

With e-signatures, it has become easy for the parties to sign any documents with
a digital signature, as they don’t have to wait for the paper document to receive it
from the courier. Any contract can be signed by the concerned parties instantly
no matter where they are geographical.

DISADVANTAGES OF DIGITAL SIGNATURE

 EXPIRE

Just like any other electronic device or technology it’s based and dependent on
the technology. In times of rapid growth of sophisticated technology, many such
products have a short life.

 SOFTWARE

The sender and the recipient have to purchase the verification software for the
working of digital signature.

 COMPATIBILITY

The standards of digital signature are different and most of them are contradictory
to each other and create confusion while sharing digitally signed documents.

Process followed for the creation and verification of digital signature

Digital signatures are becoming very popular in the whole world. Digital
signatures are created and issued by qualified individuals. For anyone to get a
valid digital certificate, they must get it from a certifying authority (CA).

The Certifying Authority (CA) is a kind of Trust Service Provider, and it is a

third-party organization that is trusted and accepted in a country. It has the power
of issuing the citizens with digital signatures. These CAs have rules and
regulations that they have to keep and be governed by.
1. Message: Signer has to prepare the message for e.g., in the form of electronic
mail message to be sent including his name on a computer.

2. Hash function: The digital signature is created by computing a value known

as hash function

3. Encryption of message digest: The sender encrypts this message digest by

using his/her private key

4. Attachment of digital signature. The sender typically attaches its digital

signature to the message.

5. Sending of digital signature and encrypted message: After encryption of

message, the sender sends the digital signature and encrypted or unencrypted
message to the recipient by electronic device.

6. Verification: The recipient uses the sender's public key for verification of
sender's digital signature. The recipient also computes the hash result by using
the same hash function as was used for creation of digital signature. The recipient
then decrypts the digital signature by using sender's public key. If this hash result
is the same as the hash result received from the sender, receiver can be sure that
no tempering has been made in the original message. Any tempering with the
contents of electronic records invalidates the digital signature immediately.

DIGITAL SIGNATURE CERTIFICATE (DSC)

DSC is a procedure show 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.
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.
 A digital signature of the user.

TYPES OF DSC

 Class 1 Certificate:

Class 1 certificates shall be issued to individuals/private subscribers. These

certificates will confirm that user's name and E-mail address form an
unambiguous subject within the Certifying Authorities database.

 Class 2 Certificate:

These certificates will be issued for both business personnel and private
individuals use. These certificates will confirm that the information in the
application provided by the subscriber does not conflict with the information in
well-recognized consumer databases.

Class 2 DSC can be used by them for Income Tax Returns (ITR), GST Returns
(GSTR), and other government e-forms.

 Class 3 Certificate:

This certificate will be issued to individuals as well as organizations. As these are

high assurance certificates, primarily intended for e-commerce application.

Class 3 DSC is issued by the certifying authorities to a person or entity who wants
to participate in the e-auction and online tenders.
Important Points to Note regarding DSC

 Documents signed using DSC can be used in a court of law.

 Generally, a digital signature certificate (DSC) is issued for a maximum of
2 years after which the holder needs to renew the same.
 A person can hold more than one digital signature certificate (DSC) of
different classes.

Difference between Electronic Signature and Digital Signature

S.
Electronic Signature Digital Signature
No

It has been defined under Section It has been defined under Section
1. 2(1) (ta) of the Information 2(1)(p) of the Information Technology
Technology Act, 2000. Act, 2000.

It is technologically neutral, i.e.,

It follows a technology-specific
no specific technological process
2. approach such as usage of hash
is to be followed to create an
functions etc.
electronic signature.

It uses public key cryptography system

It can be created by using various to sign up for a particular message
available technologies like which requires a pair of keys i.e., a
3.
attaching a picture of your private key for encryption and a public
signature. key for decryption, computed by using
a hash function.
 It can be in the form of a name
typed at the end of an email, a
It involves the usage of Cryptographic
digital version of a handwritten
4. system of constructing the signature
signature in the form of an
with a two-way protection system.
attachment, a code or even a
fingerprint.

It is less authentic as compared to It has more authenticity as compared to

5.
the digital signature. the electronic signature.

It is verified through the signer’s It has a certificate-based digital

6.
identity. verification.

It is used as a means for securing a

7. It is used for verifying a document.
document.

It has no expiration or validity It is valid up to a maximum of two

8.
period. years.

It is easily vulnerable to
9. It is more secure and highly reliable.
tampering.

E-PAYMENT

E-payment is an electronic or digital way of transferring funds. Basically, you

can utilize electronic payment methods to transfer funds as an alternative to cash
payments.

The various types of e-payment include credit and debit cards, mobile wallets,
UPI, internet and mobile banking, and many more. You simply require a bank
account and an internet-enabled device to pay for various products and services.

Electronic Payment is a financial exchange that takes place online between buyers
and sellers. An E- payment system is an online system that facilitates the
acceptance of electronic payment for online transactions and any kind of non-
cash payment that doesn't involve a paper cheque.
The electronic payment system has grown increasingly over the last decades due
to the widely spread of internet-based banking and shopping. As the world
advance more on technology development, a lot of electronic payment systems
and payment processing devices have been developed to increase, improve and
provide secure e payment transactions while decreasing the percentage of cheque
and cash transaction.

TYPES OF E-PAYMENT

1. A one-time customer-to-vendor payment:

It is commonly used when you shop online at an e-commerce site, such as

Amazon. You click on the shopping cart icon, type your credit card information
and click on the checkout button. The site processes your credit card information
and sends an e-mail notifying you that the payment was received.

2. Recurring customer-to-vendor payment:

It is used when you pay a bill through a regularly scheduled direct debit from
your account. This type of payment plan is commonly offered by car insurance
companies, phone companies and loan management companies.

3. Automatic bank-to-vendor payment

Your bank must offer a service called online bill pay where you log on to the
bank's Web site, enter the vendor's information and authorize the bank to
electronically transfer money from your account to pay their bill. User can choose
whether to do this manually for each billing cycle or have their bills automatically
paid on the same day each month.
Advantages of e-Payment

 Time-Saving

E-payments enable you to make purchases with a simple tap or swipe.

Transactions are processed and completed within a couple of minutes. While it is
faster than paying with a paper cheque or other instruments. We do not have to
worry about carrying paper money or wait in line to withdraw money from ATMs.
Through E-payments you can pay anyone at any time.

 Cashless Economy

Another advantage of e-payments is that it helps build a cashless economy,

especially in the urban areas of the country, by reducing the reliance on cash.
Reduced cash usage in the urban sectors enables banks to distribute more cash in
the rural parts of the nation where e payments are uncommon.

 Security

Cash transactions bring their own set of risks, such as robbery, misplacement, or
other similar incidents. However, electronic payment systems come equipped
with security protocols that ensure the safety of your funds. Banks use highly
secure practices like two-factor authentication, PIN (Personal Identification
Numbers) and OTPs (One Time Passwords) to protect your funds from thefts or
fraudulent activities.

 Certainty

The payments made using e-payment methods reflect in your bank statement or
digital wallets. You also receive instant e-mails and SMS alerts after every
transaction. You can check for the credit/debit of funds in your account based on
the chosen method of e-payment. In case funds are debited wrongly, the
transaction is reversed within 24-48 hours.
  Reaching global audience

One of the biggest advantages of having online payment gateways is that

businesses can operate globally and have a customer base irrespective of
geographical limitations. According to research, over 56% of online shoppers
prefer to shop cross-border. So, implementing online payment options on your e-
commerce site will undoubtedly increase sales as you will be catering for a global
audience.

 Low transaction costs

In a traditional payment setup, businesses have to hire front-desk employees or

cashiers to manage sales and payments. But with online payments, transactions
take place in an automated environment. Merchants can set up online payment
gateways with minimal investment and lower transaction costs.

 Better Deals

As people are getting more indulged in e-payments, almost every payment service
provider has started giving exciting offers helping people get good deals.

Disadvantages of e-Payment

 Service Fees

Many a time while using e-payment services we are liable to pay service fees or
a convenience fee which adds to our expense. Payment gateways and 3 rd party
payment processors charge service fees.

 Technical Problems

As it is an online service, it may go down due to technical issues and people who
get 100% reliable on this service for their payments may face an issue.
  Security Concerns

If you are a registered user with a website who uses online payments often, there
are high chances that the online portal can have access to your personal
information or bank account details. By using e payment ID thefts, phishing
attacks, and database exploits are becoming more common.

 Disputed transactions

If you find someone using your electronic money, you can file a complaint with
your bank or online payment processor. However, if you are unable to find the
personal details of the person or for that matter, any details about them, then you
cannot file a complaint or receive a refund. It gets tricky in such situations.

 Limitations on amount and time

Some banks limit the number of transactions you can do in a day or the maximum
amount you can transfer in a day. Most online transactions also have a time limit
under which you need to complete the process (like receiving and accepting
OTPs). All these limitations can prove to be pretty inconvenient to some users.

 Loss of smart cards

Most online payments are done with the help of credit/debit cards, ATM cards,
or identity cards. So, if you lose any of these, automatically, your online payment
accounts that are linked to your cards will be at risk too. Of course, you can block
your cards after informing the bank, but the time between losing your card and
blocking it may prove to be risky as many transactions by fraudsters can take
place during that time period.

 False identity

Unlike physical transactions, there are no ways to identify if the person making
the online payment is the one, he/she is claiming to be. Since there are no
verification methods like photographs or signatures, most online payments are
done behind a veil of anonymity. This can lead to a considerable amount of
forgery and identity theft.

E-BANKING
E banking means electronic banking (also known as internet banking, online
banking or virtual banking).

Through e-banking a customer can perform banking transactions such as

transferring money from one account to another account, checking account
balance, making payments and applying for loans.

These services are provided by commercial banks to their account holders so that
they can easily perform banking transactions online from anywhere and at any
time. The customers are not required to go to the bank. E banking has speeded up
all bank transactions.

Online Banking includes the facilities such as Account Statements, Fund

transfers, Account Opening, Financial Product Information, etc. There is no need
for any human operator to respond to the customers. The banks have a centralized
database and everything is automated.

Popular services under e-banking in India

 ATMs (Automated Teller Machines)

 Telephone Banking
 Smart Cards
 EFT (Electronic Funds Transfer) System
 ECS (Electronic Clearing Services)
 Mobile Banking
 Telebanking
 Door-step Banking
 Bill payment
  Investing

Importance of e-banking

We will look at the importance of electronic banking for banks, individual

customers, and businesses separately.

BANKS

 Lesser transaction costs – electronic transactions are the cheapest modes of

transaction. Operation cost per unit service decreases.
 A reduced margin for human error – It is completely electronically
managed, which reduces the chance of mistakes in the transaction.
 Banks can easily attract customers for various offers via phone calls, emails
and apps, as the customer doesn’t have to visit the branches anymore for
any product specific information.
 Banks have to hire less people and also it will reduce the branch size and
area, which helps in overall revenue growth.
 Reduced fixed costs – A lesser need for branches which translates into a
lower fixed cost. Loads of branches are reduced as a centralized database
is present.

CUSTOMERS

 Convenience – a customer can access his account and transact from

anywhere 24x7x365.
 Lower cost per transaction – since the customer does not have to visit the
branch for every transaction, it saves him both time and money.
 It provides the best features, such as notification services which inform
customers of anything and everything happening with their banking
services.
  Financial discipline is inculcated as each and every transaction is recorded.

BUSINESSES

 Account reviews – Business owners and designated staff members can

access the accounts quickly using an online banking interface. This allows
them to review the account activity and also ensure the smooth functioning
of the account.
 Better productivity – Electronic banking improves productivity. It allows
the automation of regular monthly payments and a lot of other features to
enhance the productivity of the business.
 Lower costs – Usually, costs in banking relationships are based on the
resources utilized. If a certain business requires more assistance with wire
transfers, deposits, etc., then the bank charges it higher fees. With online
banking, these expenses are minimized.
 Lesser errors – Electronic banking helps reduce errors in regular banking
transactions. Bad handwriting, mistaken information, etc. can cause errors
which can prove costly. Also, easy review of the account activity enhances
the accuracy of financial transactions.
 Reduced fraud – Electronic banking provides a digital footprint for all
employees who have the right to modify banking activities. Therefore, the
business has better visibility into its transactions making it difficult for any
fraudsters to play mischief.

Banking websites

 Informational Websites – These websites offer general information about

the bank and its products and services to customers.
 Transactional Websites – These websites allow customers to conduct
transactions on the bank’s website. Further, these transactions can range
 from a simple retail account balance inquiry to a large business-to-business
funds transfer.

The following table lists some common retail and wholesale e-banking services
offered by banks and financial institutions:

Classification of E-Banking

Banks offer various types of services through electronic banking platforms. These
are of three types:

 Level 1 – This is the basic level of service that banks offer through their
websites. Through this service, the bank offers information about its
products and services to customers. Further, some banks may receive and
reply to queries through e-mail too.
 Level 2 – In this level, banks allow their customers to submit applications
for different services, check their account balance, etc. However, banks do
not permit their customers to do any fund-based transactions on their
accounts.
  Level 3 – In the third level, banks allow their customers to operate their
accounts for funds transfer, bill payments, and purchase and redeem
securities, etc.

Advantages and disadvantages of Internet banking

Advantages Disadvantages

An online account is simple to open Understanding the usage of Internet

and easy to operate. banking might be difficult at the first, a
person who is new to technology might
face some difficulty.
It is convenient because you can easily You cannot have access to online
pay your bills and transfer your funds banking if you don’t have an Internet
between accounts from nearly connection thus without the availability
anywhere in the world. of Internet access it may not be useful.
You do not have to stand in lines to pay Security of transactions is a big issue.
off your bills. Also, you do not have to Your account information might get
keep receipts of all your bills as you hacked by unauthorized people over
can now easily view your transactions. the Internet.
It is available all the time. You can Password security is a must. After
perform your task from anywhere and receiving your password, change it and
at any time even at night or on holidays memorize it. Otherwise, your account
when the bank is closed. The only thing may be misused.
you need to have been an Internet
connection.
It is fast and efficient. Funds get Your banking information may be
transferred from one account to the spread out on several devices, making
other very fast. You can also manage it more at risk.
several accounts easily through
Internet banking.

You can keep an eye on your If the banks server is down then you
transactions and account balance all the cannot access your accounts.
time.
You can get to know about any If the bank server is down due to loss
fraudulent activity or threat to your of net connectivity or a slow
account before it can cause any severe connection than it might be hard to
damage. know if your transaction went through.
It is an excessive medium for the banks You might get overly marketed and
to endorse their products and services. become annoyed by notifications. That
said this can easily be turned off.
More online services including loans You might become annoyed by
and investment options. constant emails and updates.
 UNIT – III: CYBER CRIME
JURISDICTION ISSUE IN CYBER CRIME

CYBER JURISDICTION

Jurisdiction gives power to the appropriate court to hear a case and declare a
judgment. In cybercrime cases, the victim and the accused are generally from
different countries, and hence deciding which jurisdiction will prevail is
conflicting. The internet has no boundaries; thus, no specific jurisdiction can be
titled over its use. A user is free to access whatever he wishes to and from
wherever he wishes to. Till the time a user’s online activity is legal and not
violative of any law, till then there is no issue. However, when such actions
become illegal and criminal, jurisdiction has a crucial role to play.

The Internet can be considered multi-jurisdictional as it allows users to easily

access websites anywhere in the world. From the user's point of view, it can even
be viewed as a matter of jurisdiction, in the sense that state and national borders
are essentially transparent. For courts, determining the 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 connection with each other.

Like, if one party wants to sue the other, where can he sue?

 Firstly, the Place where the defendant resides, or

 Secondly, where the cause of action arises.

But, in the context of the internet or cyberspace, both of these are difficult to
establish with any certainty. Issues of this nature contribute to the utter confusion
and contradictions which ultimately affects judicial decisions in the area of
internet jurisdiction. Because cyberspace has no geographical boundaries, long
distance communication can be established instantly with anyone who can have
access 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 remains within their 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 the online presence

places the user under the jurisdiction of a different state or a foreign country. As
such, a single transaction may involve the laws of at least three jurisdictions:

 The laws of the nation in which the user resides,

 The laws of the nation that apply where the server hosting the transaction
is located, and
 The laws of the nation which apply to the person 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 provide territorial limitations.

In cyberspace, there are generally three parties involved in a transaction: user,

server host, and the person with whom the transaction is taking place, with the
need to be put within one jurisdiction. All three parties in this illustration belong
to three different countries, now the laws of ‘A,’ ‘B’ or ’C’ will be prevalent or
not, or even municipal laws will be applicable or international laws are the issues
of jurisdiction in cyberspace. The extent of a court’s competency to hear a cross
border matter and apply the domestic state laws is another issue.

There is no universally applicable International Jurisdictional Law, and such

matters are usually subject to conflicts of law, especially private international law.

An example would be where the contents of a website 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.

TESTS TO DETERMINE JURISDICTION

Reasons why there could be jurisdictional issues in cybercrimes:

 Material posted on the internet has worldwide audience;

 It is easy to move website from one territory to another;
 A website can be hosted on one area, but directed at users in another
geographic location;
 Parts of a website may be hosted in one area, while other parts of the
websites are hosted in another location; and
 It is not always possible to determine where a website or user is located.

JURISDICTION IN CASE OF CYBER CRIME (Theories of Jurisdiction)

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.

Five nexuses have been invoked by courts to justify their exercise of jurisdiction:

1. Subjective Nexus: It lays down that if the act is committed in the territories
of the forum state, then its laws will be applicable to the parties.
2. Territoriality Nexus: It is invoked when an act is committed outside the
forum state’s territorial boundary, yet its impact is on the forum state.
 3. Nationality nexus: It looks to the nationality or national character of the
person committing the offense to establish jurisdiction.
4. Protective nexus: It is upto the desire of a sovereign to punish the actions
committed in other places solely because it feels threatened by those
actions. It provides for jurisdiction when a national or international interest
of the forum is injured by the offender.
5. Universality nexus: The acts which are universally acclaimed as crimes
such as piracy, the slave trade, hijacking of aircraft, genocide, war crimes,
and crimes against humanity. A cyber-criminal can be convicted in any
country for committing such a heinous crime. It presumes that every state
has jurisdiction to prosecute the offender of a cyber-crime.

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.

Hacking is a crime of greater degree but it creates problem in case of crimes like
publishing obscene materials on websites. If a citizen of U.K posts obscene
material - Are the International Extradition laws are strict enough to enforce an
arrest? What if the Act is an offence in India but not in his native country?
Prosecuting and trying a person also raises difficult problem in the field of
jurisdiction. These problems are related to determination of place where the
offence 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 that more than one punishment will be administered for commission of
the same offence, 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.

Case Law: Ajay Agarwal v. Union of India 1993 AIR 1637

The appellant was a Dubai based NRI who, along with 4 others, conspired &
cheated Chandigarh bank and got foreign letters of credit issued through the bank.
Held: There is an illegal act of dishonestly inducing the bank. Since the crime
was committed in Dubai & its consequences occurred in Chandigarh, foreign
nationals are subject to jurisdiction under Sections 179 & 182 of the CrPC.
 CYBER CRIME UNDER IT ACT: NATIONAL PERSPECTIVE

CYBER-CRIME are those criminal offences which are committed via Internet
or any other forms of computer technology.

There are some instances when cyber-crimes are carried out with the intention of
generating profit for the cybercriminals, whereas other times a cyber-crime is
carried out directly to damage or disable the computer or device.

Internet is one of the means by which the offenders can gain such price sensitive
information of companies, firms, individuals, banks, intellectual property crimes
(such as stealing new product plans, its description, market programme plans, list
of customers etc.), selling illegal articles, pornography etc. This is done through
many methods such as phishing, spoofing, pharming, internet phishing, wire
transfer etc. and use it to their own advantage without the consent of the
individual.

Many banks, financial institutions, investment houses, brokering firms etc. are
being victimized and threatened by the cyber terrorists to pay extortion money to
keep their sensitive information intact to avoid huge damages.

As a result of cyber-crime, many types of profit-driven criminal activities can be

perpetrated, such as ransomware attacks, email and internet fraud, identity theft,
and frauds involving financial accounts, credit cards or any other payment card.
The theft and resale of personal and corporate data could be the goal of
cybercriminals.

In India, cyber-crimes are covered by the Information Technology Act, 2000 and
the Indian Penal Code, 1860. It is the Information Technology Act, 2000, which
deals with issues related to cyber-crimes and electronic commerce. However, in
the year 2008, the Act was amended and outlined the definition and punishment
of cyber-crime. Several amendments to the Indian Penal Code 1860 and the
Reserve Bank of India Act were also made.
TYPES OF CYBER-CRIMES

 Hacking: Hacking means unauthorized access to a computer system. As

defined in Sec 66 of the IT Act, 2000, whoever with the intention to cause
wrongful loss or damage to the public or any person, or destroys / deletes
/ alters any information residing in a computer resource or diminishes its
value or affects it injuriously by any means, commits hacking.
 Viruses: A Computer virus (used by hackers) is a program designed to
affect the health of the computer. They destroy or hampers the computer
systems.
 Cyber pornography: Cyber pornography is pornography's which is
distributed via the internet, primarily websites, peer-to peer file sharing.
This is a crime that is clearly illegal, both on and off the internet.
 Child pornography or child sexually abusive material (CSAM):
(CSAMs) include any material containing sexual images in any form,
wherein both the child being exploited or abused may be seen. There is a
provision in Section 67(B) of the IT Act which states that the publication
or transmission of material depicting children in sexually explicit acts in
an electronic form is punishable.
 Cyber Stalking: Cyber Stalking is defined as the repeated acts of
harassment or stalking another person online or threatening behavior of the
cybercriminal towards the victims by using internet services.
 Cyber Terrorism: It refers to unlawful attacks and threats of attacks
against computers, networks and the information stored therein, and done
to intimidate or coerce a government or its people in furtherance of political
or social objectives.
 Cyber Crimes related to Finance: Crimes over internet for earning
financial or monetary gain through 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.
 Identity theft: A person is exposed to identity theft when they make
fraudulent use of an electronic signature, a password, or any other unique
identifier on another person’s behalf.
 Cyber grooming: The phenomenon of cyber grooming involves a person
building a relationship with a teenager and having a strategy of luring,
teasing, or even putting pressure on them to perform a sexual act.
 Phishing: Fraud involving phishing is when an email appears to be from a
legitimate source but contains a malicious attachment that is designed to
steal personal information from the user. Hackers can ask for verification
of certain information, like such as their ID, IPIN, Card number, expiration
date, CVV, etc. and then selling the information on the dark web.
 Vishing: In vishing, victims’ confidential information is stolen by using
their phones. Cybercriminals use sophisticated social engineering tactics to
get victims to divulge private information and access personal accounts. In
the same way as phishing and smishing, vishing convincingly fools victims
into thinking that they are being polite by responding to the call. Callers
can often pretend that they are from the government, tax department, police
department, or victim’s bank.
 Smishing: As the name suggests, smishing is a fraud that uses text
messages via mobile phones to trick its victims into calling a fake phone
number, visiting a fraudulent website or downloading malicious software
that resides on the victim’s computer.

STATUATORY PROVISIONS OF IT ACT, 2000

 The first step in the field of cyber law was the Model Law which was
drafted under the UN Commissions on International Trade law, 1986.
  Then, UNGA on 30th Jan, 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 legalize
e-commerce and further amend the Indian penal Code, 1860, the India
Evidence Act, 1882, the Banker's Book Evidence Act, 1891 and 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 Govt. records. It also regulates the activities of the
Network Service Providers (NSPs) & 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:

 Section 43: This section of the IT Act applies to individuals who indulge
in cyber-crimes such as damaging the computers of the victim, without
taking the due permission of the victim. In such a situation, if a computer
is damaged without the owner’s consent, the owner is fully entitled to a
refund for the complete damage.
 Section 65: Tampering with Computer Source Documents
If a person knowingly or intentionally conceals, destroys or alters or any
computer source code used for a computer system, when the computer
source code is required to be kept or maintained by law for the time being
in force.
Penalty - Imprisonment up to 3 years, or/and with fine up to Rs. 200,000
 Section 66: Hacking with Computer System
Whoever with the intention to cause wrongful loss or damage to the public
or any person, destroys / deletes / alters any information residing in a
computer resource or diminishes its value or affects it injuriously by any
means, commits hacking.
Penalty - Imprisonment up to 3 years, or/and with fine up to Rs. 500,000
Case Law: Kumar vs. Whitley:
o In this case the accused gained unauthorized access to the Joint
Academic Network (JANET) and deleted, added files, changed the
passwords to deny access to the authorized users.
o Investigations had revealed that Kumar was logging on to the BSNL
broadband Internet connection as if he was the authorized genuine
user and 'made alteration in the computer database pertaining to
broadband Internet user accounts' of the subscribers.
o The CBI had registered a cyber-crime case against Kumar and
carried out investigations on the basis of a complaint by the Press
Information Bureau, Chennai, which detected the unauthorized use
of broadband Internet.
o The complaint also stated that the subscribers had incurred a huge
loss due to Kumar's wrongful act. He used to hack sites from
Bangalore, Chennai and other cities too. Verdict: He was held liable
u/s 420 IPC (cheating) & 66 IT Act (Computer related Offence).
 Section 66B - Receiving stolen computer or communication device
A person receives or retains a computer resource or communication device
which is known to be stolen or the person has reason to believe is stolen.
Penalty - Imprisonment up to 3 years, or/and with fine up to Rs. 100,000.
 Section 66C – Using password of another person
A person fraudulently uses the password, digital signature or other unique
identification of another person.
 Penalty - Imprisonment up to 3 years, or/and with fine up to Rs. 100,000
 Section 66E – Publishing private images of others
If a person captures, transmits or publishes images of a person's private
parts without his/her consent or knowledge.
Penalty - Imprisonment up to 3 years, or/and with fine up to Rs. 200,000
 Section 67: Publishing of obscene information which is obscene in
electronic form
This involves electronically publishing obscenities. If convicted, the prison
term is up to five years and the fine is up to Rs. 10 lakhs.
 Section 67B – Publishing child porn or predating children online
If a person captures, publishes or transmits images of a child in a sexually
explicit act or conduct. If a person induces a child into a sexual act.
Penalty- Imprisonment up to 5 years, or/and with fine up to Rs. 10 lakhs.
 Section 72: Penalty breach of confidentially and privacy.
 Section 77: Penalties or confiscation not to interfere with other
punishments.
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.

CYBER CRIME UNDER IT ACT: INTERNATIONAL PERSPECTIVE

Many countries have adopted cyber law in their legal regime to meet the
challenges against the internet criminal activities. Some countries have
substantially updated their cyber laws while others have partially updated them.
However, there are number of countries which have not initiated measures for
adoption of cyber laws to combat computer and cyber space crimes. As the cyber-
crimes do not have any geographical or territorial boundaries, they are capable of
breaching national borders which may cause serious threat to countries where
legal protections against this crime are not adequate.
Due to gaps and variations in domestic cyber laws of different nations, the
prosecution of international cyber criminals is uncertain.

Inadequate legal protection of digital information and weak enforcement

mechanism enables the perpetrators of cyber-crime to carry on their online
criminal activities across the national borders, with least chances of their being
apprehended or caught.

UNITED STATES OF AMERICA

1. The Computer Fraud and Abuse Act, 1984

It deals with the issue of unauthorized access to computer systems. The legislation
was first enacted in 1984, amended in 1994, 1996, and again in 2001 which
addresses new abuses arising from misuse of new technologies.

This Act is often designated as the Anti-hacking statute, prohibits unauthorized

access to computer systems. The statute provides penalties for unauthorized
access and also prohibits exceeding any authorization.

Under this Act, a person may not access a computer, even if he is authorized,
provided that the person is accessing / using that computer in obtaining or altering
information.

Paragraph 5(A) of this statute also prohibits the transmission of viruses with the
intention of causing damage to a protected computer.

The violation of this statute implies both criminal and civil penalties. The
damages are limited to economic losses and the action must be brought within 2
years of the violation or within 2 years of the discovery of damage. Accordingly,
this statute is often featured prominently in internet privacy class action.

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 US Federal codes governing criminal activities can

broadly discussed in the following heads:

 US Federal Criminal Code Concerning computer crimes

 Federal Statutes Governing Intellectual Property Rights:
o Copyright Offences
o Copyright Management offences
o Trademark offences.
o Bootlegging offences
o Trade Secret Offences
o Offences concerning the integrity of IP System
o Offences concerning the Misuse of Dissemination system
o Cyber Stalking
 Search and seizure of Computers.
 Guidelines concerning sentences.

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 FBI (Federal
Bureau of Investigation). The numbers of cyber criminals are also greater in the
country because of predominance of internet and cyber technology in day-to-day
life.

2. The Counterfeit Access Device & Computer Fraud & Abuse Act, 1984

It prohibits various attacks on federal computer systems and on those used by

banks and in interstate and foreign commerce.
 3. The Electronic Communications Privacy Act, 1986 (ECPA)

It prohibits unauthorized electronically secretly listening someone’s private

conversation. It is also an offence to exceed an authorization to access a computer
facility. This Act provides both criminal and civil penalties for violations of
privacy on the Internet. Civil penalties include statutory damages and paying
reasonable costs and expenses in individual cases, which gives rise to class action
lawsuits.

4. U.S. Privacy Protection Act, 1980

The Act seeks to safeguard a person's right to privacy in the information stored
in computer or any other electronic storage device such as laptop, floppy disk,
diskettes etc. under his control. When the law enforcement authorities have
reason to believe that the information possessed by a person in electronic form
may provide evidence of a crime, they may inspect or search it, after obtaining a
search warrant from the competent judicial authority. Thus, search in cases
involving computers is constitutional provided it does not violate a person's
legitimate expectation of privacy.

5. U.S. Computer Security Act, 1987

The US Congress enacted the US. Computer Security Act, 1987 requiring Federal
agencies to improve the security and privacy of Federal computer systems. A
National Institute of Standards of Technology (NIST) was set up under the Act
for laying down security standards for Federal computer system.

6. CAN-Spam Act, 2003

Major provisions under this Act are:

 False and misleading header information is banned.

 Deceptive subject lines are prohibited.
 Opt-out methods must be provided.
  Commercial email must be identified as an advertisement and it must
include the sender's valid physical postal address.
 Receivers must be warned of sexually explicit material.
 Penalties include fine up to USD 11000 and also imprisonment in specific
circumstances.

UNITED KINGDOM

1. The Computer Misuse Act 1990

An Act to make provision for securing computer material. It sets out 3 computer
misuse offences.

 Unauthorized access to computer material.

 Unauthorized access with intent to commit or facilitate commission of
further offences.
 Unauthorized modification of computer material.

The maximum imprisonment specified by the act for each offence were six
months and five years with fine.

AUSTRALIA

Australia has been relatively slower in adopting specific legislation for cyber-
crime and had divergent approaches throughout the various State territory and
Federal jurisdictions. The Federal and State Governments in Australia have
adopted legislations to tackle the problem of computer crime.

Under the Australian legal system, a new Act called as the Cyber Crime Act,
2001 was introduced for amending the law relating to computer offences. The
Act creates following 3 major computer offences

 Unauthorized access
 Unauthorized modification of data.
  Unauthorized impairment of electronic communications.

JAPAN

Japan is also one of the countries to be a party to the International Treaty

(European Convention on Cyber Crime) designed to combat computer crimes. In
Japan, there are following 2 laws relating to the protection from cyber crimes

1. Unauthorized Computer Access Act, 2000

The main purpose of this Act is to take measures for preventing unauthorized
computer access by prohibiting such acts. It also prevents computer-related
crimes that are committed through telecommunication lines.

2. Computer Crime Act, 1999

This is an Act by which Japan Penal Code is amended and a separate Act is
evolved to combat cyber-crime problem. By this Act, most of the provisions were
changed to meet the new challenges posed by cyber-crimes.

RUSSIA

The Russian Federation has not enacted any separate cyber-crime law but the
provisions relating to cyber-crimes and punishment for them are contained in the
new Russian Federation Criminal Code (RFCC) enforced from January 1, 1997.

The elements of computer crimes are embodied in Chapter 28 (Articles 272-274)

of the Code which is entitled as Crimes in Computer Information Sphere.

The unauthorized access to computer information is an offence punishable with

2 years long deprivation of liberty (i.e., imprisonment).

Further if the crimes committed by a group of persons or by those misusing their

official position then the sentence is enhanced to 5 years.
 INTERNATIONAL CONVENTION ON CYBER CRIME

THE BUDAPEST CONVENTION

The Budapest Convention is the first international treaty that coordinates cyber-
crime investigations between nation States and criminalizes certain cyber-crime
conduct. It is also known as Council of Europe’s (COE) Cybercrime Convention.
It came into the picture in 2001 and entered into force on July 1, 2004.

The treaty had three prime objectives:

 Harmonizing national laws

 Improving investigative techniques
 Increasing cooperation among nations.

It was drafted by the Council of Europe in Strasbourg, France, with the active
participation of 64 countries like Canada, Japan, Philippines, South Africa, US
and others.

Some of the significant cyber offences that the Budapest Convention defined
include illegal access, data interference, illegal interception, misuse of devices,
system interference, cyber fraud, cyber forgery, offences related to child
pornography, and offences concerning neighboring rights and copyright.

Budapest Convention on cybercrime provides for

 the criminalization of conduct, ranging from illegal access, data and

systems interference to computer-related fraud and child pornography;
 procedural law tools to make the investigation & 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 the only binding multilateral treaty instrument aimed
at combating cybercrime. It is open for ratification even to states that are not
members of the Council of Europe.

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. For the Council of Europe,
common standards (Budapest Convention), follow-up and assessments
(Cybercrime Convention Committee) and capacity building by (C-PROC) form
a “dynamic triangle”: Capacity building programme support the implementation
of the Budapest Convention as well as recommendations of the Cybercrime
Convention Committee This triangle represents a dynamic framework under the
convention.

The Cybercrime Convention Committee was setup to represent the interests of

state parties and it foresee regular consultations between state parties to the
Convention.

Members of Cybercrime Convention Committee: 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.

Current Issues in the Budapest Convention

The Budapest Convention acts as a guideline for countries on their path to

developing comprehensive national legislation against cybercrime.

However, as per the latest updates, mainly all stakeholders agree that the current
form of cross-border data sharing for law enforcement through the Mutual Legal
Assistance Treaty (MLAT) is insufficient for the upcoming digital age.
However, there is an ongoing debate regarding whether to develop an entirely
new system for cybercrimes or revamp the Mutual Legal Assistance Treaty
(MLAT). Since its formation in 2001, the convention wanted India to be a part of
it; however, India decided not to participate.

India's concern for Budapest Convention

While membership in the Budapest Convention more than doubled since then,
India is yet to join this treaty. The reasons are not entirely clear. Concerns are
voiced by different stakeholders which includes:

 That India will not sign the Budapest treaty since it was drafted without its
participation.
 The Budapest Convention allows for trans-border access to data and thus
infringes on national sovereignty.
 That the MLA (Mutual Legal Assistance) regime is not effective.
 That it is a criminal justice treaty and therefore does not cover state actors
and some of the states that launched most of the attacks on India have not
signed the Convention.
 India should promote a treaty at the UN level: India wants a treaty to focus
on terrorism, or to address state-to-state relations and matters of
international security.
 The Budapest Convention has been validly criticized for its lack of human
rights and legal safeguards.

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.
 RUSSIA – LED RESOLUTION

In contrast to the Budapest Convention, Russia proposed to set up a separate

convention entitled “Countering the use of information and communications
technologies for criminal purposes” that was recently put forward in the UNGA.

This proposal, which India voted in favor of, creates a new committee that will
convene in New York in August 2020. As per this treaty, the nation-states can
coordinate and share data to the prevent cybercrime.

On the grounds of national sovereignty issues, China and Russia questioned the
Budapest Convention, resulting in forming the Russia-led Convention.

This draft convention goes far beyond what the Budapest Convention offers
regarding cross-border access to data.

As a result, many countries like India started to support the Russia-led

Convention and voted to support the same. If the Russia-led Convention gets
approved by the UNGA, it will be the world’s second international treaty on
cybercrime, followed by the Budapest Convention.

With considerable support, the Russia-led Convention has been criticized

drastically, especially by American entities and several human rights groups.

Data Laws in India

Data protection laws in India are currently facing many problems and resentments
due to the absence of a proper legislative framework. The legal framework
includes:

 Information Technology Act, 2000: IT Act contains provisions (For

example, mentioned in section 43A, 72A) regarding cyber and IT-related
laws in India.
o Section 43A: Compensation for failure to protect data.
 o Section 72A: Any disclosure of information, knowingly and
intentionally, without the consent of the person concerned has been
made punishable with imprisonment for a term extending to 3 years.

However, these provisions neither protect any breach of information on the one
hand, nor they enforce a right-based framework on privacy.

Supreme Court in Justice K. S. Putta swamy (Retd.) Vs Union of India (2017)

unanimously held that citizens have a constitutionally protected fundamental
right to privacy that forms a basic part of life and liberty under Article 21.

Therefore, in order to establish a strong data protection regime, the government

has proposed the Draft Personal Data Protection Bill, 2018 (based on the
recommendation of Justice BN Sri Krishna Committee).

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 are 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.

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.” Thus, smartphones and
tablets also fall within the definition of computer as they are capable of
performing all the functions of computer whether it be logical, memory functions
or of processing, storage or communication.
Crime committed using modern technological tools are generally known as
cyber-crimes. Cyber-crime is a criminal activity performed through computer and
internet.

Different types of mobiles are introduced in market with better and advanced
technology. But due to the misuse of same technology, cyber-crime is increasing
fast which is affecting our society to a large extent.

KINDS OF MOBILE PHONE CRIMES

1. Blue Bugging

Bluebugging is attack on the mobile cell phone through Bluetooth. Every mobile
phone has embedded Bluetooth which allows the hacker to take over complete
access of user’s mobile phone. Bluebugging allows the hacker to read the info. in
your mobile and he can even listen the call, forward the call, send text message.
The victim is ignorant of the attack even if the Bluetooth device is turned off.

2. Blue Snarfing

The hacker can commit theft of all the data and information in your mobile phone
using his laptop.

3. Mobile Cyber Defamation

This kind of crime has become widely prevalent across the world today.
Criminals send derogatory, humiliated 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.

4. Vishing

This is a tool for committing financial crime by using mobile. Mobile phones are
now used for online shopping and managing banking transactions. This has made
people an easy victim of Vishing. Motive of the hacker is to get easy money by
access of user bank account. Scammer calls the victim and by use of his voice
tries to extract the confidential information of the victim. It includes identity theft
like credit cards numbers and other secret information.

5. Malware

This is one of the biggest threats to mobile cell phones. It is a program (software)
designed to perform malicious activities in the device infected. Malware enters
the mobile cell phone of victim through SMS, file transfer, downloading
programs from internet etc. After entering into the device, it performs several
malicious activities like usage of talk time, etc.

6. Smishing

Smishing is type of phishing which uses short messaging services (SMS) or text
messages on the mobile phones. SMS service is the one of the most used services
on mobile phone and an easy tool for hacker to full fill their greed. Smishing is a
security attack in which the user is sent a very lucrative SMS that compels the
user to expose their personal information like internet banking passwords, credit
card detail etc. Recently these SMS also include false online dating subscriptions
and job offers.

7. Mobile Pornography

The Internet is being highly used by the abusers to reach and abuse children
sexually, worldwide. 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 IT 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.
 8. Identity Theft

Mobile phone is used for the identity theft and criminals commit the crimes such
as subscription fraud etc. using various communication devices.

9. 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.

10. SMS spoofing

One of the major problems with SMS based banking are SMS Spoofing which is
an attack where malicious user sends out SMS message which appears to be sent
by original sender. End-to-end encryption of the SMS message is not available.
SMS spoofing is when the identity of the sender is taken over by a hacker. SMS
messages are sent for free by the hacker whilst the victim is charged for sending
this fraudulent traffic.

11. Denial of service Attack

This is an act by the criminal who fills his e-mail box with spam mails, depriving
him of the services he is entitled to access or provide.

12. 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.

Preventive Measures

No matter cyber threat is increasing, the remedy lies in our hand. Small steps in
this regard will help to protect cyber-crime which is as follows.
  Awareness: People should be aware regarding cyber mobile threat through
TV, internet, magazine etc.
 Strong Antivirus Software: Mobile devices should always be updated
with strong antivirus which prevent from viruses, malware, Trojan horses
and unwanted software.
 Be Careful while using social site: Posting photograph to various social
networking site people should be careful as one can save those pictures and
can post those pictures for wrong deeds.
 Strong Password: One should choose strong password using special
character, upper and lower case.
 Hiding Personal Information: People usually received many mails and
messages to give their account number so that sender can send money of
cash prize to their account. Never respond to such type of messages and
mail. Avoid frequent use of online shopping and banking.

Case Law: State of Tamil Nadu Vs Suhas Katti (2004)

This case is related to posting of obscene, defamatory and annoying message to

divorcee woman in the yahoo message group by the accused through a false email
account. The accused start pressurizing her to marry her and, on her reluctance,
to marry him, the accused took up the harassment through the Internet. Eventually
marriage ended in divorce and conviction of the accused. The court relied upon
the expert witnesses and other evidences (cybercafe owner statement) produced
before it. This is considered as the first case in Tamil Nadu, in which the offender
was convicted under section 67 of Information Technology Act 2000 in India.

Case Law: Shreya Singhal v Union of India (2015)

Supreme Court in this landmark judgment struck down section 66A of the
Information Technology Act, 2000 which provided provisions for the arrest of
those who posted allegedly offensive content on the internet.
The case revolves around the fundamental right of freedom of speech and
expression under Article 19(1)(a) of the Constitution of India, which challenged
the constitutional validity of section 66A and led to the struck down of section
66A of the Information Technology Act 2000.

Section 66A defines the punishment for sending “offensive” messages through a
computer or any other communication device like a mobile phone or tablet and a
conviction of it can fetch a maximum three years of jail and a fine.

The Court has now declared that Section 66A is not only vague and arbitrary, but
it also “disproportionately invades the right of free speech.”
 UNIT IV: GENETIC AND MEDICAL TECHNOLOGIES

DNA PROFILING

 The DNA profiling is a technique by which individuals can be identified

and compared via their respective DNA.
 Each person has a distinctive DNA that doesn’t match with anyone else
other than monozygotic twins.
 DNA profiling analyses human DNA, such as saliva, skin, hair, blood,
sperm, and so on, that can be matched to DNA taken from a particular
individual previously.
 DNA profiling is a forensic technique used 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.
 Teeth are important evidentiary material in forensic cases, since they are
more resistant to post-mortem degradation. Teeth are also easy to transport
and serve as a good source of DNA.

Section 53A of the Criminal Procedure Code, states a detailed medical

examination of a person accused of an offense of rape or an attempt to commit
rape by the registered medical practitioner at the request of a police officer in
good faith for the propose of the investigation.

Section 164A of the Criminal Procedure Code talks about the medical
examination of a rape victim by a registered medical practitioner with the consent
of the victim.

Prevention of Terrorism Act, 2002, states that an investigating officer has power
to requests to the court in writing for obtaining a sample of handwriting,
fingerprints, footprints, blood, saliva, semen, hair, etc. of an accused person, who
is involved in the commission of an offense under the act and it shall be lawful
for the court to direct such samples to be given by the accused person through a
medical practitioner.

State of Bombay v. Kathi Kalu Oghad and Anr.: it was held that compelling a
person to give any forensic evidence like fingerprints, hair, semen, doesn’t
contravene Article 20(3).

BRAIN MAPPING

 Brain mapping also examines what goes wrong physically in the brain
during mental illnesses and other brain diseases.
 Brain mapping aims to give us a thorough picture of our brain's structure.
 Our brain reacts differently to various events. how it reacts to familiar
events is different from how it reacts to unknown events.
 During the test, both familiar and unfamiliar auditory as well as visual
stimuli are given and since the brain reacts differently to the familiar one,
then that pattern will be observed, and accordingly, reports are made.
 The Brain Mapping Test is also known as P-300 test.
 The technique of brain mapping was first invented by American
neurologist Dr. Lawrence A. Farwell. An expert in brain wave science, he
called his technique ‘brain-wave fingerprinting’ or ‘brain mapping test.
  In this test of Brain Mapping the suspect is first interviewed and
interrogated find out whether he is concealing any information.
 The person to be interrogated is made to wear a headband with sensors to
measure electrical brain responses

There are three types of words in the list used for Brain Mapping Test.:

 Part I consisted of neutral words, which have no direct relationship with

the case.
 Part II consists of probe words directly related to the case and suspects to
elicit concealed information.
 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.

The conclusion is drawn by experts after the test has been conducted and the map
is derived. The test indicates the possession of the knowledge about the relevant
issue which is helpful in the investigation of the case.

Dr. Rajesh Talwar and Another v. Central Bureau [2012]: The victim Arushi, a
14-year-old school girl was dead in her home. The reports were filed in the police
station on the information given by the victim ‘s parents. The suspect in this case
of the murder of the victim was the maid in the house whose name was Hemraj.
After two days after the death of their daughter, the servant Hemaraj was found
dead on the terrace of the same building.

Arushi’s parents were arrested by the police. Narco-Analysis test, Polygraph test,
and Brain mapping test were conducted in this case against the will of the accused
persons i.e. the accused persons.
 NARCO-ANALYSIS

It is a kind of psychotherapy which is conducted on a person by inducing or by

bringing that individual into semi-sleep with the help of scientific drugs.

Human beings have the tendency of speaking lies from the time immemorial. In
such a state an attempt is made to extract information in form of clues about the
crime as under the influence of drugs it becomes extremely difficult for the
subject to lie.

The term Narco-analysis is derived from the Greek word narke (meaning
"anesthesia" or "torpor").

It is a process whereby a subject is put to sleep, or into a state of half-

consciousness by means of a dosage of scientific drugs and then interrogated.

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.

Art. 20(3) which embodies this privilege says, "No person accused of any offence
shall be compelled to be a witness against himself".

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 incriminate 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

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?

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.

To get it admissible, Results of such tests can be collaborated with 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.

Criticism of Narco-analysis

Test Narco-analysis has been criticized on the ground that it is not 100% accurate.
It has been found that certain subjects made totally false statements. It is often
unsuccessful in eliciting truth as such it should not been used to compare the
statement already given to the police before use of drug.

It has been found that a person who has given false information even after
administration of drug.

It is very difficult to suggest a correct dose of drug for a particular person. The
dose of drug will differ according to will power, mental attitude and physique of
the subject.
Successful Narco-analysis test is not dependent on injection. For its success a
competent and skilled interviewer is required who is trained in putting recent and
successful questions.

Narco-analysis test is a restoration of memory which the suspect had forgotten.

This test result may be doubtful if the test is used for the purposes of confession
of crimes. Suspects of crimes may, under the influence of drugs, deliberately
withhold information or may give untrue account of incident.

PATENT PROTECTION

Patent Protection is the protection of an invention, idea, or innovation.

In India, one can protect an idea, invention, or creation by filing for a patent via
e-filing or manually submitting the application and related documents at any of
the Patent Offices.

In India, a patent will be granted to the applicant for a 20-year period, starting
from the date the applicant filed the patent application. 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.

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 is

manufacturing processes, measuring methods. 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.
Registering for a patent and patent application can take (3) to (5) years and will
generally require some consulting and legal fees. So, it is a good idea that before
applying for patent protection, a reality check should be made on whether it will
be beneficial to prevent others from distributing, manufacturing, and/ or
exploiting the thing under consideration.

The protection offered by an individual would depend upon 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. The exact
wording of the patent claims is something an IP counsel can assist with.

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.

GENERIC DRUG

A generic drug is a medication that has exactly the same ingredient as the brand
name drug and provides 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 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 not medically
significant.

• 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

 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.

India is a leading country in the world's generic drugs market, with Sun
Pharmaceuticals being the largest pharmaceutical company in India.

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.
Also taken into account is how long someone has been on the waiting list, how
sick they are, and the distance between the donor and the potential recipient.

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 I

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 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.
  Skin transplant: A skin graft is a surgical procedure in which a piece of
skin is transplanted from one area to another. Often skin will be taken from
unaffected areas on the injured person and used to cover a defect, often a
burn.

 Vascular tissues transplant: Transplanting vascular tissues that circulate

blood around the body can help relieve symptoms of breathlessness,
tiredness and dizzy spells in patients with severe cardiovascular conditions.
Vascular tissues can be donated up to 24 hours after death. In India
Transplantation of Human Organs Act was passed in 1994. It provides a
system to regulate removal, storage and transplantation of human organs
for therapeutic purposes and for prevention of commercial dealings in
human organs.

SEX DETERMINATION

Sex determination Test refers to prenatal / testing the gender of 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 (deliberate killing of newborn female
children) has been an ongoing practice in most parts of the country, especially the
north.

Women were often 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)].

No laboratory or clinic will conduct any test including ultrasonography for the
purpose of determining the sex of the fetus.

No person, including the one who is conducting the procedure as per the law, will
communicate the sex of the foetus to the pregnant woman or her relatives by
words, signs or any other method.

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.

DESIGNER BABY

 The term designer baby refers to a baby who has been genetically modified
through germline gene editing.
 Germline editing is the technique used for modifying the DNA of an
organism.
 Particular traits set by parents or scientists are given to a human embryo or
egg or sperm to produce a child of the desired trait.
 Science has made designing of human being possible where we can alter
or modify the egg, sperm, or embryo to get specific quality in terms of
appearance, eye colour, intelligence, obedience or even gender and a lot
more.
 Through germline modification, a designer baby can be free from
hereditary diseases like leukaemia, haemophilia, HIV, and other such
disorders.
 Basically, A designer baby is a baby whose genetic make-up has been
selected or altered.
  In many ways, designer babies—sometimes called genetically modified
babies—are the obvious result of decades of advancing IVF technology.

Pros

 Reduces the risk of genetic diseases as we can now cure incurable diseases.
 It helps in reducing the probability of inherited medical conditions.
 The child is more likely to succeed in life as the child may be born with
higher intellect or obedience.
 New characteristics can be added to new generations which may lead to
the development of society at large.

Cons

 It may lead to the termination of the embryo in case of failure of the

procedure.
 It limits the choice of the child as an individual.
 It can damage the gene pool
 It is expensive hence, not affordable by everyone.

In India, there is no specific law that regulates genetic modification or germline

editing. According to the Guidelines released by the Indian Council of Medical
Research (ICMR), genetic editing to create designer babies is unethical, which
should be prohibited.

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, timing of their
children.
 Access to legal and safe abortion is essential for the realization of these
rights.
 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.
 Abortions include various clinical conditions such as spontaneous and
induced abortion (both viable and non-viable pregnancies), incomplete
abortion and intrauterine fetal demise.
 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.
 Unsafe abortion procedures may involve the insertion of an object or
substance (root, twig, or catheter or traditional concoction) into the uterus;
ingestion of harmful substances; and application of external force.
 Women with unwanted pregnancies, often resort to unsafe abortion when
they cannot access safe abortion.

Barriers to accessing safe abortion include:

 Restricted laws
 Poor availability of services
 High cost
 Stigma
  objection by health-care providers and Unnecessary requirements, such as
mandatory waiting periods, mandatory counselling, third-party
authorization, and medically unnecessary tests that delay care.

If the woman is unmarried and over the age of 18, the doctor simply requires her
written consent.

If the unmarried lady is below the age of 18, a guardian’s written consent is
required before the abortion can be performed.

Unmarried Indian women have the legal right to medical abortion. Unmarried
women can seek lawful pregnancy termination in the following situations:

 If the pregnancy is the consequence of rape or other forms of sexual

violence.
 If the pregnancy is threatening to the mother’s or the baby’s bodily or
mental wellbeing.
 If the infant has a chance of developing physical defects after delivery.
 If the pregnancy is the consequence of failed contraception

The SC has extended the right to safe and legal abortion up to 24 weeks to
unmarried and single women, saying it is the right of every woman to make
reproductive choices without interference from the state.

CLONING

Cloning describes the processes used to create an exact genetic replica of another
cell, tissue or organism.

The copied material, which has the same genetic makeup as the original, is
referred to as a clone.

Cloning happens when a cell replicates itself asexually without any genetic
alteration.
Cloning is the process of creating cloned organisms (copies) of cells and of DNA
fragments

 Prokaryotic organisms such as bacteria create genetically identical

duplicates of themselves using binary fission or budding.
 Eukaryotic organisms such as humans, all the cells that undergo mitosis
are clones; the only exceptions are gametes (eggs and sperm), which
undergo meiosis.

Some plants and bacteria produce clones through asexual reproduction.

Natural human clones are known as identical twins. The twins are produced when
an embryo splits, creating two or more embryos that have almost identical DNA.

1. Gene cloning - produces copies of genes or segments of DNA.

2. Reproductive cloning- deliberate production of genetically identical
individuals. Each newly produced individual is a clone of the original.
3. Therapeutic cloning produces stem cells for experiments aimed at creating
new tissues to replace injured or diseased tissues.

Artificial Embryo Twinning

 Embryo is purposefully split in half.

 Two identical embryos grow in the mother.
 Identical twins are born.

Animal Cloning

 Scientists remove a cell (like a skin cell) from the animal they want to copy.
 They remove the nucleus of an egg cell from the surrogate mother
 They put the DNA from the skin cell into the egg cell of the surrogate
mother.
 A few months later, the clone is born (as a baby).
 ARTIFICIAL REPRODUCTIVE TECHNOLOGIES

 Assisted reproductive technology (ART) is used to treat in fertility.

 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 parent’s body.
 ART procedures sometimes use donor eggs, donor sperm, or previously
frozen embryos.
 It may also involve a surrogate or gestational carrier.
 A surrogate is a woman who becomes pregnant with sperm from the male
partner of the couple.
 A gestational carrier becomes pregnant with an egg from the female partner
and the sperm from the male partner.
 The most common complication of ART is a multiple pregnancy. It can be
prevented or minimized by limiting the number of embryos that are put
into the woman's body.

Types of ART:

o In-vitro fertilization (IVF)

o Donor conception
o Surrogacy
o Intrafallopian transfer
o Frozen embryo transfer
o Intracytoplasmic sperm injection
o Ovulation induction
o Artificial insemination
 Genetic Engineering

It is also called as genetic modification and it involves manipulation of an

organisms genes via technology. It involves making of new cells or transfer of
genes within or across species for producing genetically modified Organism.
Genetic engineering on being applied in various fields like research medicine
biotechnology and agriculture