Consumer Protection Act 2019: Overview and Analysis by Rukhsar Khan

Consumer protection act 2019 Empowering consumer Ensuring Justice 

Introduction :

Consumer is the king of the market. Due to modernization there is the many aspects which is changed from ancient time to present time in the society. Society is the web of relationship where the individual are connected to each other by sharing common purpose and interest just like that consumers is the one of them when they buy goods and services from the seller they become consumer in the other hand who sales his goods and services they are calles producer of the market. 

Consumer and market they are interconnected to each other without consumer market is like surviving without oxygen, bird without wings and sea without water. 

Today the definition of market is totally changed it just not a place where the consumer busy goods or services it's now a platform where consumer can not need to move any place now there is evolution of digitalization where the digital platform available to the consumer and they enjoy all the services in sitting their homes without wasting any time.But  there is always  two sides of coin  where if there is advantageous there is always disadvantage. 

Same here due to increasing of globalisation and  this era has changed the scenario in the Indian market.  Various kinds of products and services are coming into being so are new ways of duping the Consumers.  A Consumer is the soul and the spine  of the market. Due to consumers, businesses exist.  So it need To protect the rights and guard the welfare of consumers, the Consumer Protection Act, 1986 was enacted and brought into force.

Since the dynamics of the market were changing due to globalization where is lots of practice such as.  Exploitation of consumers often occurs through various unfair or deceptive business practices, including:

1. False Advertising: Misleading claims about a product's features, benefits, or performance.

2. Price Gouging: Raising prices of goods or services to excessively high levels, especially during emergencies.

3. Hidden Fees: Not disclosing additional costs or charges until after the purchase is made.

4. Bait and Switch: Advertising a product at a low price to attract customers, then pushing them towards a more expensive item.

5. Predatory Lending: Offering loans with unfair terms that trap borrowers in a cycle of debt.

6. Counterfeit Goods: Selling fake products as genuine, often at reduced prices.

7. Phishing Scams: Deceiving consumers into revealing personal information through fake websites or emails.

These practices can harm consumers financially, erode trust in businesses, and undermine the integrity of markets. there was a need to enact a new law that was more efficient to protect the consumer’s rights in every way possible. This induced legislature to make a new law which was known as Consumer Protection Act, 2019 (COPRA). Consumer Protection Act 2019 (COPRA) replaced the Consumer Protection Act 1986 and got approval from the Honourable President on 9th August in the year 2019. This act emphasizes bolstering the rights of the consumer. The COPRA 2019 incorporates VIII chapters and 107 sections. It extends to Jammu and Kashmir. The main object of the Act is to protect the interest of the consumers and to work for the welfare of the consumers.In the Consumer Protection Act of 2019, "goods" and "services" are defined to ensure comprehensive coverage of consumer transactions and to protect consumer interests effectively.

Goods-

Goods are defined as:

- Any kind of movable property, other than actionable claims and money.

- This includes products, commodities, and other tangible items that can be bought, sold, or traded.

- Example: Electronics, clothing, food items, and vehicles.

Services-

Services are defined as:

- Any kind of service made available to potential users.

- This includes a wide range of activities provided in return for consideration (payment).

- The Act explicitly includes but is not limited to banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging, housing construction, entertainment, amusement, and the purveying of news or other information.

- Example: Banking, telecommunications, insurance, transportation, medical services, and education.

 Key Points

-Inclusion of Digital and E-commerce Transactions:  The Act covers services and goods offered through both traditional and digital platforms, recognizing the growing significance of e-commerce.

- Product Liability: The definitions ensure that manufacturers, sellers, and service providers are accountable for the quality and safety of goods and services.

- Consumer Rights and Redressal: The Act ensures consumers have the right to be informed, choose, and seek redressal for issues related to goods and services.

By defining goods and services broadly, the Consumer Protection Act of 2019 aims to protect consumers from unfair practices across a wide range of industries and transactions.

Who is a Consumer:

1. Buyer of Goods: Any person who buys any goods for consideration, which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. This includes any user of such goods when such use is made with the approval of the buyer.

2. Recipient of Services: Any person who hires or avails of any services for consideration, which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. This also includes any beneficiary of such services when such services are availed with the approval of the person who hired the service.

 Who is Not a Consumer:

1. Commercial Purpose Buyers: Any person who buys goods or hires services for resale or for any commercial purpose. This does not include goods bought or services availed for self-employment.

2. Free Services: Any person who receives services free of charge or under a contract of personal service is not considered a consumer.

 

Clarifications:

- Commercial Purpose Exclusion: The act specifically excludes those who purchase goods or services for commercial purposes from being considered consumers. However, individuals who purchase goods or services for self-employment to earn their livelihood are considered consumers.

- Personal Use: A person who buys goods or avails of services for personal use, and not for resale or commercial use, is considered a consumer.

By distinguishing who is considered a consumer, the Act aims to protect individuals who are at a potential disadvantage in the market, ensuring that their rights are upheld and they have recourse in cases of exploitation or unfair practices.

The Consumer Protection Act of 2019 in India aims to protect the interests of consumers and ensure fair trade practices. Its primary objectives are:

1. Establishment of Consumer Protection Authority: To create a central authority to regulate matters relating to consumer rights, preventing unfair trade practices, and ensuring the protection and enforcement of consumer rights.

2. Simplifying Dispute Resolution: To provide simpler, quicker, and more accessible means for consumers to address their grievances through consumer commissions at district, state, and national levels.

3. Prevention of Unfair Trade Practices: To prevent unfair trade practices and ensure that consumers are not misled by false advertisements and unfair business practices.

4. Consumer Rights: To safeguard and promote various consumer rights such as the right to be informed, the right to choose, the right to be heard, the right to seek redressal, and the right to consumer education.

5. Product Liability: To establish product liability and hold manufacturers, service providers, and sellers accountable for any harm caused by defective products or services.

6. E-commerce Regulation: To include regulations for e-commerce and online transactions, ensuring consumers are protected in the growing digital marketplace.

7. Mediation: To introduce mediation as an alternate dispute resolution mechanism, making it easier and less time-consuming for consumers to settle disputes amicably. 

Overall, the Act aims to enhance consumer protection, increase transparency in business practices, and provide effective and efficient consumer grievance redressal mechanisms.

   Features of consumer protection act 2019

1. Consumer Rights: Defines and protects six key consumer rights: Right to Safety, Right to be Informed, Right to Choose, Right to be Heard, Right to Redress, and Right to Consumer Education.

2. Consumer Protection Councils: Establishes Consumer Protection Councils at the national, state, and district levels to promote and protect consumer rights.

3. Central Consumer Protection Authority (CCPA): Sets up the CCPA to regulate matters relating to violations of consumer rights, unfair trade practices, and false or misleading advertisements.

4. Consumer Disputes Redressal Commission: Creates a three-tier structure of National, State, and District Consumer Disputes Redressal Commissions to resolve consumer disputes.

5. Simplified Dispute Resolution Process: Provides a simplified process for filing consumer complaints and ensures speedy resolution.

6. Product Liability: Introduces the concept of product liability to hold manufacturers, service providers, and sellers accountable for any harm caused by defective products or services.

7. Unfair Trade Practices: Broadens the scope of unfair trade practices and includes e-commerce and direct selling.

8. E-filing of Complaints: Allows consumers to file complaints electronically and also enables hearing of cases through video-conferencing.

9. Penalty for Misleading Advertisements: Imposes penalties on manufacturers and service providers for false or misleading advertisements.

10. Mediation: Provides an alternative dispute resolution mechanism through mediation, making the resolution process more amicable and less time-consuming.

11. Strict Liability: Ensures strict liability in cases where harm is caused by defective products or services, regardless of negligence or fault.

12. Enhanced Compensation: Facilitates enhanced compensation for consumers in case of loss or injury due to negligence or unfair trade practices.

These features collectively aim to safeguard consumer interests, promote fair business practices, and ensure effective grievance redressal.

There are 6 right are given by the law to consumers. Consumer rights are fundamental protections that ensure consumers are treated fairly in the marketplace. Here are some key consumer rights along with examples:

1. Right to Safety:

   - Consumers have the right to be protected against goods and services that are hazardous to health or life.

   - Example: A consumer purchases a toy for their child that has small parts that could pose a choking hazard. The right to safety ensures that the toy should have clear warnings or should not be sold if it does not meet safety standards.

2. Right to Information:

   - Consumers have the right to receive accurate and truthful information about products and services, including ingredients, usage instructions, pricing, etc.

   - Example: Food products must have clear labeling indicating ingredients, nutritional information, allergens, and expiry dates, enabling consumers to make informed choices.

3. Right to Choose:

   - Consumers have the right to choose from a variety of products and services at competitive prices.

   - Example: In a competitive market, consumers have the freedom to choose between different brands of smartphones based on features, prices, and reviews.

4. Right to Redressal:

   - Consumers have the right to seek redressal against unfair trade practices or exploitation.

   - Example: If a consumer purchases a defective product, they have the right to return it for a refund or replacement as per the seller’s return policy and consumer protection laws.

5. Right to Consumer Education:

   - Consumers have the right to be educated about their rights and responsibilities as consumers.

   - Example: Government and consumer organizations conduct workshops or campaigns to educate consumers about recognizing deceptive advertising practices or understanding product warranties.

6. Right to be Heard:

   - Consumers have the right to voice their complaints and concerns about products and services and have them addressed promptly.

   - Example: Companies often have customer service departments where consumers can call or email to report issues with products or services and expect a resolution.

These rights collectively empower consumers to make informed decisions, protect them from exploitation, and ensure fair treatment in the marketplace.

CONSUMER REDRESSAL FORUM UNDER CONSUMER PROTECTION ACT 2019

Under the Consumer Protection Act 2019, consumer redressal forums play a crucial role in addressing grievances. Here's an overview of the different levels of consumer forums and their distinctions:

Levels of Consumer Redressal Forums:

1. District Consumer Disputes Redressal Commission (DCDRC):

   - Jurisdiction: Handles complaints involving claims up to Rs. 1 crore.

   - Composition: Headed by a District Judge and has two other members.

   - Appeals: Appeals against its orders can be made to the State Commission.

2. State Consumer Disputes Redressal Commission (SCDRC):

   - Jurisdiction: Deals with cases where the claim exceeds Rs. 1 crore but does not exceed Rs. 10 crore.

   - Composition: Headed by a retired High Court Judge and has two other members.

   - Appeals: Appeals against its orders can be made to the National Commission.

3. National Consumer Disputes Redressal Commission (NCDRC):

   - Jurisdiction: Handles cases where the claim exceeds Rs. 10 crore.

   - Composition: Headed by a sitting or retired Supreme Court Judge and has four other members.

   - Appeals: Appeals against its orders can be made to the Supreme Court of India.

These forums provide a hierarchical structure to ensure effective resolution of consumer disputes at different levels, based on the magnitude of claims involved.

Under the Consumer Protection Act of 2019, Consumer Protection Councils (CPCs) are established at three levels: Central, State, and District. Here are the key differences between them:

Central Consumer Protection Council:(section 3)

1. Composition: Chaired by the Minister in charge of consumer affairs at the national level.Also known: Central council 

2. Scope: Deals with issues of national importance concerning consumer protection policies and programs.

3. Advisory Role: Provides advice to the Central Government on matters related to consumer protection.

4. Coordination: Coordinates activities of State and District Councils for effective implementation of consumer protection measures at all levels.

5. Awareness Campaigns: Organizes national-level awareness campaigns and programs.

6 Procedure for meeting of central council (section 4)When necessary but at least one meeting in every year

7: Object (section 5)Render advice on promotion and protection of the consumer rights 

State Consumer Protection Council:

1. Composition: Chaired by the Minister in charge of consumer affairs at the state level.

Also known: State council 

2. Scope: Addresses state-specific consumer issues and policies.

3. Advisory Role: Advises the State Government on local consumer protection matters.

4. Monitoring: Monitors the implementation of consumer protection laws and redressal mechanisms within the state.

5. Awareness Programs: Conducts awareness programs and initiatives tailored to the needs of the state's consumers.

6. Procedure for meeting of state council : Two meetings in year

7. Object (section 7)Render advice on promotion and protection of the consumer rights 

District Consumer Protection Council:(section 8)

1. Composition: Chaired by the District Collector or District Magistrates

Also known district council 

2. Scope: Focuses on consumer issues within the district jurisdiction.

3. Local Grievance Redressal: Facilitates grievance redressal at the district level.

4. Awareness Activities: Organizes local awareness campaigns and workshops.

5. Implementation: Implements consumer protection laws and ensures effective functioning of consumer fora and mechanisms at the grassroots level.

6. Procedure for meeting .Two meeting in every year 

7. Object-Render advice on promotion and protection of the consumer rights 

These councils operate in a hierarchical manner, with the Central Council providing overarching guidance and coordination, the State Councils addressing state-specific issues, and the District Councils focusing on local consumer grievances and awareness. Together, they form a comprehensive network aimed at protecting consumer rights across different levels of governance in india 

There are many changes which differentiate consumer protection act 2019 from the consumer protection act 1986

The Consumer Protection Act of 1986 and the Consumer Protection Act of 2019 in India have several key differences that reflect the changing dynamics of consumer rights and the marketplace. Here are the major differences in points:

1. Establishment of Central Consumer Protection Authority (CCPA):

   - 1986: No provision for a central authority to enforce consumer rights.

 - 2019: Introduced the CCPA to address consumer complaints, conduct investigations, and take actions against unfair trade practices.

2. Consumer Dispute Redressal Commissions:

   - 1986: Three-tier redressal system: District Forum, State Commission, and National Commission.

   - 2019: Retains the three-tier system but renames them as District Commission, State Commission, and National Commission with revised jurisdiction limits.

3. Jurisdictional Changes:

   - 1986: District Forum up to Rs 20 lakh, State Commission from Rs 20 lakh to Rs 1 crore, and National Commission above Rs 1 crore.

   - 2019: District Commission up to Rs 1 crore, State Commission from Rs 1 crore to Rs 10 crore, and National Commission above Rs 10 crore.

4. E-Filing of Complaints:

   - 1986: Complaints had to be filed physically.

   - 2019: Introduced the facility for electronic filing of complaints and video conferencing for hearings.

5. Product Liability:

   - 1986: No specific provisions for product liability.

   - 2019: Includes specific provisions for product liability, making manufacturers, service providers, and sellers liable for any harm caused by defective products or deficient services.

6. Unfair Trade Practices:

   - 1986: Limited definition of unfair trade practices.

   - 2019: Expanded definition to include the sharing of personal information without consent, and more comprehensive provisions on misleading advertisements and endorsements.

7. Penalties for Misleading Advertisements:

   - 1986: Penalties were not as stringent.

   - 2019: Stricter penalties, including fines up to Rs 1 million and imprisonment for up to 2 years for first-time offenders, and harsher penalties for repeat offenders.

8. Mediation:

   - 1986: No provision for mediation.

   - 2019: Introduced mediation as an alternative dispute resolution mechanism to facilitate quicker resolution of disputes.

9. E-Commerce Regulations:

   - 1986: No specific provisions for e-commerce.

   - 2019: Specific regulations for e-commerce platforms, including requirements to display hu seller information, return and refund policies, and grievance redressal mechanisms.

10. Consumer Rights:

Under the Consumer Protection Act, consumers have several rights and responsibilities. Here are the responsibilities of consumers under the Consumer Protection Act summarized in points:

1. Awareness and Information: 

   - Consumers should be aware of their rights under the Consumer Protection Act.

   - They should gather information about the goods or services they intend to purchase, including their quality, quantity, price, and terms of sale.

2. Exercising Caution: 

   - Consumers should exercise reasonable care to avoid misleading advertisements and false claims made by sellers.

   - They should avoid purchasing goods or services from sellers who do not provide adequate information or who engage in unfair trade practices.

3. Exercising Rights: 

   - Consumers should assert their rights when they are dissatisfied with goods or services purchased.

   - They should file complaints with the appropriate consumer dispute redressal forums or authorities in case of unfair trade practices or deficiency in services.

4. Retaining Proof of Purchase: 

   - Consumers should retain bills, receipts, warranties, and any other documents related to the purchase of goods or services.

   - These documents serve as proof of transaction and are necessary for seeking redressal under the Act.

5. Timely Action: 

   - Consumers should take timely action to seek redressal for grievances related to defective goods or deficient services.

   - Delay in lodging complaints may affect their chances of obtaining relief.

6. Non-exploitation: 

   - Consumers should not misuse their rights to gain undue advantage over sellers or service providers.

   - They should act responsibly and ethically in their dealings with sellers and service providers.

7. Cooperation with Authorities: 

   - Consumers should cooperate with consumer protection authorities during investigations or proceedings related to their complaints.

   - They should provide accurate information and documentation to support their claims.

8. Spreading Awareness: 

   - Consumers should encourage awareness about consumer rights and responsibilities among family members, friends, and the community.

   - This helps in promoting a fair marketplace and protecting the interests of all consumers.

These responsibilities empower consumers to make informed decisions, safeguard their rights, and contribute to a fair and competitive marketplace under the Consumer Protection Act.

Under the Consumer Protection Act (CPA) of 2019 in India, several offenses are specified along with corresponding penalties. Here are some key offenses and their sections:

Offenses and Penalties under CPA 2019:

1. Misleading Advertisement (Section 21):

 - Offense: Publishing misleading advertisements.

   - Penalty: Fine up to Rs. 10 lakh for the first offense; up to Rs. 50 lakh for subsequent offenses.

2. Unfair Contract (Section 21):

   - Offense: Including unfair terms in a consumer contract.

   - Penalty: Fine up to Rs. 10 lakh for the first offense; up to Rs. 50 lakh for subsequent offenses.

3. Sale of Counterfeit Goods (Section 91):

   - Offense: Selling goods that are counterfeit or spurious.

   - Penalty: Imprisonment up to 7 years and fine up to Rs. 50 lakh.

4. Spurious Goods and Services (Section 94):

   - Offense: Selling goods or services that are hazardous to life and safety.

   - Penalty: Imprisonment up to 7 years and fine up to Rs. 50 lakh.

5. Failure to Comply with Orders (Section 80):

   - Offense: Failure to comply with the orders of the Consumer Dispute Redressal Commission.

   - Penalty: Fine which may extend to Rs. 10,000 for the first offense and up to Rs. 50,000 for subsequent offenses.

6. Non-Compliance with Product Safety Standards (Section 94):

   - Offense: Failure to comply with product safety standards.

   - Penalty: Fine up to Rs. 10 lakh for the first offense; up to Rs. 50 lakh for subsequent offenses.

7. Overcharging or Hoarding (Section 21):

   - Offense: Charging excessive prices or hoarding goods.

   - Penalty: Fine up to Rs. 10 lakh for the first offense; up to Rs. 50 lakh for subsequent offenses.

8. Failure to Furnish Information (Section 31):

   - Offense: Failure to furnish information required by the Central Consumer Protection Authority (CCPA).

   - Penalty: Fine up to Rs. 10 lakh.

9. Product Liability (Section 84):

   - Offense: Non-compliance with product liability provisions.

   - Penalty: Compensation to affected consumers as determined by the CCPA.

These sections outline the offenses and penalties under the CPA 2019, aimed at protecting consumer rights and ensuring fair trade practices in India.

Conclusion: 

The Consumer Protection Act solely prioritizes that there should not be any hamper or damage to the rights of the customers.  While interpreting, it is interpreted in such a way that the rights of the customers are protected against the unfair trade practices in the market. Consumers should always be aware of their rights. In some cases, Supreme Court asked the Commission to be liberal while interpreting the law and take a pragmatic view of the consumer’s rights. It’s good that the Consumer Protection Act, 2019 was enacted considering all the current scenarios but still there is a need foor proper implementation of the act. Still, many consumers in our country don’t know much about their legal rights and have an opinion that the court work is time taking as a result of which they are hesitant to file the case. So the Government of India should try to educate the consumers of their legal rights and should also simplify the case filing mechanism. 

   

Author,

              Rukhsar Khan

              BA. LL.B.

              City Academy Law College, Lucknow

Is Laws on Cyber Crimes abundant to control cyber attack in India?

Is Laws on Cyber Crimes abundant to control cyber attack in India?

An Article by: Pratibha Singh

Introduction: Cyber fraud is an internet fraud , a kind of cyber crime that aims to steal money (or other valuable assets)from an entity .It involves using online solutions to commit fraud . Cyber fraud is a blanket term to describe crimes committed by cyberattackers via the internet.These crimes are committed with the intent to illegally acquire and leverage to an individual's or business's sensitive information for monetary gain. cyber fraud in India has become in India a pressing issue.The modus operancle of scammers involve stealing amount in the starting and the escalating the amount as they gain confidence scammers employ mule accounts,fake profiles and impersonation to deceive victims.It is a very serious crime-one that needs to be Cracked down on.

Cyber fraud in India has been increasing significantly with the growth of digital transactions and the internet. Various forms of cyber fraud prevalent in India include:

1. Phising and scam: Phising is a type of social engineering attack that targets the user and tricks them by sending them fake messages and emails to get sensitive information about the user or trying to download malicious software and exploit it on the target system 

2.Identity Theft: It is also known as identity fraud is a crime that is being committed by a huge number nowadays . Identity theft happens when someone steals your personal information to commit fraud.This theft is committed in many ways by gathering personal information such as transactional information of another person to make transactions .

Types of identity theft:

- Criminal identity theft

- Driver's license ID identity theft 

- Medical Identity theft

- Tax identity theft

- Social security identity etc

3.Ransom ware :It is a type of malicious software or malware that prevents you from accessing your computer ,files , systems or networks and demand you to pay a ransom for their return.Ransomware attack can cause costly disruptions to operations and loss of critical information and data.

4.Credit/Debit Card Fraud:Unauthorized use of someone’s credit or debit card information to make purchases or withdraw funds.It also takes place when a fraudster uses a device to tamper an Automated  Bank/ Automatic Teller Machine (ABM/ATM)or point of sale payment terminal(debit machine)to capture data from a payment card and or personal identification number (PIN) and then uses the information to make purchases.

5. Online shopping scams: online shopping scams exploits the rising trend of e-commerce by creating fraudulent online stores or manupulating existing platforms . Scammers deceives consumers into purchasing non -existent or counterfeit products leading to financial losses and disappointment fir unsuspecting buyers.Counterfeit luxury goods ,fake tickets sales and  fraudulent online marketplaces common avenues for these scams , requiring consumers to exercise vigilance and verify the legimitacy of online sellers.

6. Bussines Email Compromise (BEC): Bussines Email Compromise involves cyber criminal gaining access to Busines email accounts to orchestrate fraudulent activities . Commonly attackers use comprised accounts to authorise and Unauthorized wire transfer or manupulates employees into conducting financial transactions .CEO fraud is a prevalent form of BEC, sees cyber criminals posing as high ranking executives to trick employees into transferring funds highlighting the vulnerability of organisations to such sophisticated attacks. Cyber Law in India-Cyber  law  is  an integral part of the legal system. It deals with the  legal issues of  cyberspace .Cyber  law is also referred as to as the Law of Internet. These cyber  laws help  businesses prevent identity and data theft , privacy violation and fraud . The Information Tecnology Act, of 2000 as per  the  Indian Penal Code addresses cyber law and includes law related to e- commerce , e-contracts , digital signatures , intellectual property rights and cyber security .

Cyber law is referred to as the law of the Internet  of digital law and applies to the various categories of cyber crimes such as -

- Crime against people

- Crime against property

- Crime against Government 

 Impact of Cyber Law in India -

India has implemented several cyber laws to combat cyber fraud and ensure cybersecurity. The primary legislative framework is the Information Technology Act, 2000, which has been amended multiple times to address the evolving cyber threat landscape. Here are some key impacts of these laws:

1. Legal Framework for Cybercrimes: The IT Act defines various cybercrimes and prescribes penalties for them. This provides a legal basis for law enforcement agencies to take action against cybercriminals.

2. Data Protection and Privacy: Amendments to the IT Act and the introduction of rules like the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, emphasize the protection of personal data and privacy. This has increased awareness and prompted organizations to adopt better data protection measures.

3. Strengthening Cybersecurity: The National Cyber Security Policy, 2013, and subsequent updates aim to create a secure cyberspace by promoting education, awareness, and capacity building among all stakeholders, including businesses and individuals.

4. Digital Evidence: The IT Act recognizes electronic records and digital evidence, enabling their admissibility in courts. This has strengthened the prosecution of cybercrimes.

5. Corporate Responsibility: Companies are required to implement reasonable security practices and procedures to protect sensitive data. Non-compliance can result in legal liabilities.

6. Establishment of CERT-In: The Indian Computer Emergency Response Team (CERT-In) is responsible for incident response, including tracking, monitoring, and handling cybersecurity incidents. This body plays a crucial role in mitigating cyber threats.

7. Law Enforcement Training: Various initiatives have been undertaken to train law enforcement personnel in handling cybercrimes, improving the efficiency of investigations and prosecutions.

8. Consumer Awareness: Campaigns and initiatives aimed at educating the public about cyber hygiene and safe online practices have been implemented, helping to reduce the risk of falling victim to cyber fraud.

9. Cyber law in India protect intellectual property rights by safeguarding copyrights, trademark,and trade secret in digital realm.This protection prevents online piracy and unauthorised use of intellectual property  Including that creators and  innovators can benefit from their works.  

10. Furthermore cyber law aims to balance the freedom of speech with the regulation of harmful  online content such as hate speech, defamation, pornography. This is achieved through laws that strike a balance between  protecting free speech and regulating  content that is deemed harmful or illegal 

 Overview of cyber security  law in India:

Cybersecurity laws in India are designed to protect information, systems, and networks from cyber threats and to establish legal standards for handling cybersecurity incidents. The primary legal framework for cybersecurity in India is the Information Technology Act, 2000 (IT Act), along with various rules and amendments.  

Here are the key features of cybersecurity law in India:

1. Information Technology Act, 2000The IT Act is the cornerstone of cybersecurity law in India. It provides the legal framework for electronic commerce and digital signatures, and addresses various cybercrimes.

- Offenses and Penalties: The Act specifies penalties for cyber offenses such as hacking, data theft, spreading viruses, and denial-of-service attacks.

- Admissibility of Digital Evidence: Recognizes electronic records and digital signatures, making digital evidence admissible in court.

- Intermediary Liability: Outlines the responsibilities of intermediaries (e.g., ISPs, social media platforms) in preventing the spread of illegal content and reporting cyber incidents. 

 2. Amendments and Rules Several amendments and rules have been introduced to strengthen cybersecurity measures:IT (Amendment) Act, 2008: Introduced new sections dealing with cyber terrorism, identity theft, and electronic fraud.IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Mandates organizations to implement reasonable security practices to protect sensitive personal data and outlines guidelines for data protection and privacy.

3. CERT-In (Indian Computer Emergency Response Team)CERT-In is the national nodal agency for responding to cybersecurity incidents.Incident Reporting: CERT-In mandates that organizations report certain types of cybersecurity incidents.Guidelines and Advisories: Issues guidelines, advisories, and white papers on cybersecurity best practices and threats.

4. National Cyber Security Policy, 2013The policy outlines the strategy for protecting the nation's information infrastructure and fostering a secure cyberspace.

- Public-Private Partnership: Encourages collaboration between government and private sector to enhance cybersecurity.Capacity Building: Focuses on training professionals and raising awareness about cybersecurity

- Research and Development: Promotes R&D in cybersecurity technologies and solutions.

5. Personal Data Protection Bill Although not yet enacted, the proposed Personal Data Protection Bill aims to provide comprehensive data protection and privacy regulations.

- Data Protection Authority: Proposes the establishment of an authority to oversee data protection and privacy issues.

- Consent and Rights: Establishes the requirement for explicit consent for data processing and outlines the rights of individuals regarding their personal data.

6. Cyber Appellate TribunalThe tribunal adjudicates disputes related to cybercrimes and breaches of the IT Act.

7. Sector-Specific Regulations Various sectors, such as banking and telecommunications, have their own cybersecurity regulations:

- Reserve Bank of India (RBI): Issues guidelines for cybersecurity in banking, such as mandating banks to implement robust cybersecurity frameworks and conduct regular audits.

- Telecom Regulatory Authority of India (TRAI): Regulates cybersecurity practices in the telecommunications sector.

 8. International Cooperation :India collaborates with other countries and international organizations to combat cross-border cyber threats and harmonize cybersecurity standards.

9. Law Enforcement Training and Capacity BuildingThere are ongoing efforts to train law enforcement agencies in handling cybercrimes effectively, including specialized cybercrime units and forensic labs.

10. 10. Public Awareness and Education: Government and private sector initiatives aim to raise public awareness about cybersecurity threats and safe online practices through campaigns, workshops, and educational programs.

Judicial Interpretation in respect to Cyber Law:

Judicial interpretation plays a crucial role in the development and application of cyber law in India. Courts interpret and apply laws related to cyber activities, setting precedents and clarifying legal provisions. Here are some significant aspects of judicial interpretation in respect to cyber law in India:

1. Admissibility of Digital Evidence Courts have set important precedents regarding the admissibility of digital evidence under the Information Technology Act, 2000, and the Indian Evidence Act, 1872.

Case Example: Anvar P.V. v. P.K. Basheer (2014) The Supreme Court of India ruled that electronic records presented as evidence must comply with Section 65B of the Indian Evidence Act, which requires a certificate specifying the manner in which the electronic record was produced and identifying the device involved in its production.

 2. Intermediary LiabilityJudicial interpretation has clarified the extent of liability for intermediaries like internet service providers and social media platforms.

Case Example: Shreya Singhal v. Union of India (2015) The Supreme Court struck down Section 66A of the IT Act, which criminalized sending offensive messages through communication services, on grounds of being unconstitutional and vague. The court also interpreted Section 79 and its rules, emphasizing that intermediaries are not liable for user-generated content unless they fail to act upon receiving actual knowledge of illegal content.

3. Right to PrivacyJudicial decisions have significantly shaped the understanding of privacy rights in the context of cyber law.

Case Example: Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) The Supreme Court recognized the right to privacy as a fundamental right under the Indian Constitution. This landmark judgment has implications for data protection and privacy, influencing how laws are interpreted regarding the collection, storage, and use of personal data.

4. Cybercrimes and PenaltiesCourts interpret various provisions of the IT Act to determine the scope and application of penalties for cybercrimes.

Case Example: Kumar v. Whiteley (1991) Though not an Indian case, it is often referenced in Indian judicial contexts for its interpretation of hacking offenses. In India, courts have followed similar principles under Section 66 of the IT Act, which deals with unauthorized access to computer systems and data.

5. Freedom of ExpressionJudicial interpretation balances the need for regulation in cyberspace with the protection of freedom of expression.

Case Example: Shreya Singhal v. Union of India (2015) In addition to striking down Section 66A, the Supreme Court emphasized the importance of free speech online, setting a precedent for cases involving the regulation of online content.

6. Contractual Obligations in E-commerceCourts have interpreted provisions related to electronic contracts and transactions, ensuring that digital agreements are enforceable.

Case Example: Trimex International FZE Ltd. v. Vedanta Aluminium Ltd. (2010) The Supreme Court recognized the validity of an electronic contract concluded via email, affirming that digital contracts are legally binding and enforceable.

7. Cyberbullying and Harassment Courts address issues of cyberbullying and harassment, interpreting relevant legal provisions to protect individuals from online abuse.

Case Example: State of Tamil Nadu v. Suhas Katti (2004) One of the first cases of conviction under the IT Act, where the accused was found guilty of posting obscene messages on a Yahoo group, leading to his conviction under Section 67 of the IT Act.

8. Intellectual Property RightsJudicial interpretation protects intellectual property rights in the digital space, addressing issues like copyright infringement and trademark violations online.

Case Example: Super Cassettes Industries Ltd. v. My Space Inc. (2011) The Delhi High Court held that intermediaries like MySpace must take down infringing content once they have knowledge of it, emphasizing the responsibilities of digital platforms in protecting intellectual property rights.

 Challenges and Areas for improvement-

Despite the positive impacts, challenges remain:

1. Rapid Technological Advancements: Cyber laws often lag behind the pace of technological change, necessitating continuous updates and revisions.

2. Awareness and Implementation: There is a need for greater awareness and effective implementation of cyber laws across all regions and sectors.

3. Coordination and Resources: Improved coordination between various law enforcement agencies and adequate resources for cybercrime units are essential.

4. International Cooperation: Cybercrimes often have a transnational component, requiring robust international cooperation and agreements for effective enforcement.

 Conclusion:

Cyber laws in India have played a crucial role in mitigating cyber fraud and enhancing cybersecurity. It Act along with recent legislation like DPDPA and the concerted effort of various cybersecurity institutions are essential in protecting digital assets and maintaining trust in the digital ecosystem.Continuous efforts to update the legal framework, raise awareness, and build capacity among law enforcement and the general public are vital to keeping pace with the evolving cyber threat landscape.

     Author,

                  Pratibha Singh

                  BA. LL.B.

                  City Academy Law College, Lucknow

Cyber Fraud and Impact of Cyber Laws in India

 1. INTRODUCTION :

Cyber fraud can be considered as any fraudulent crime which is conducted via computer or internet.

Cyber fraud is a pressing global concern with India being particularly vulnerable due to its rapid 

digital growth. This menace poses significant challenge to individuals, business and the economy, 

necessitating robust cyber law to mitigate these risks effectively.

Cyber fraud in Indian has become a Pressing issue. The modus operancle of scammers involves 

stealing amounts in the starting and then escalating the amount as they gain confidence scammers 

employ mule accounts fake profiles and impersonation to deceive victims.

The Indian Government has implemented various law and regulations to combat the growing cyber 

threats and protect the nation’s digital infrastructure. These measures are crucial in addressing the 

increasing number of cybercrimes in the country.

2. TYPES OF CYBER FRAUD :

 Phishing: - Phishing is a sophisticated cybercrime that involves deceiving individuals into 

revealing sensitive information by mimicking trustworthy entities. Spear phishing is a 

targeted form of phishing that focuses on specific individuals or organizations, often using 

tailored deception to maximize impact. Vishing, on the other hand, uses voice 

communication to trick victims into divulging confidential details.

 Ransom ware: - Ransom ware attacks are a form of cybercrime where malicious software 

infiltrates computer systems, encrypting files and demanding a ransom for their decryption. 

Victims are left with a difficult decision: pay the ransom to regain access to their data or risk 

losing it permanently.

 Identity theft: - Identity theft involves the unauthorized acquisition and exploitation of 

personal data to impersonate individuals, frequently for financial gain or other illicit 

purposes. Cybercriminals target sensitive information such as Social Security numbers, bank 

account details, or login credentials to assume a victim's identity and commit fraudulent 

activities.

 Online shopping: - Online shopping scams exploit the growing popularity of e-commerce by 

creating fake online stores or manipulating existing platforms.Scammers deceive consumers 

into purchasing non-existent or counterfeit products, leading to financial losses and 

disappointment for unsuspecting buyers

 Business Email Compromise: - Business Email Compromise (BEC) involves cybercriminals 

infiltrating business email accounts to execute fraudulent schemes. Typically, attackers use 

compromised accounts to facilitate unauthorized wire transfers or manipulate employees 

into performing financial transactions.

 Credit Card fraud: - Credit card fraud is a type of financial crime where criminals use stolen 

or fake credit card information to make unauthorized purchases or obtain cash advances. It 

can occur through various methods, including card-present fraud (where the card is 

physically stolen) and card- not-present fraud (where the card details are stolen online)

3. IMPACT OF CYBER LAW IN INDIA : 

 Cyber laws in India have granted legal recognition to electronic documents, digital 

signatures, and e-commerce transactions, fostering the growth of the digital. economy.This recognition enables secure and legitimate digital transactions, which are 

essential for the development of e-commerce and other digital activities.

 Cyber laws in India also address cybercrime by defining and penalizing various offenses 

such hacking, identity theft, online fraud, cyber bullying, and harassment. These laws 

aim to deter and prosecute these offenses, ensuring a safer online environment for 

citizens.

 Cyber laws in India protect intellectual property rights by safeguarding copyrights, 

trademarks, and trade secrets in the digital realm. This protection prevents online piracy 

and unauthorized use of intellectual property, ensuring that creators and innovators can 

benefit from their work.

 Cyber laws play a crucial role in enabling e- governance by facilitating electronic 

transactions and communication between government agencies and citizens. This is 

achieved through the legal recognition of electronic records and digital signatures, which 

allows for the secure and efficient exchange of information. The Digital India initiative, 

which aims to leverage technology to improve governance and public services, is

supported by these cyber laws.

 Additionally, cyber laws regulate e-commerce and online contracts by establishing legal 

frameworks for online transactions, electronic signatures, and consumer rights. This 

ensures that online transactions are legally binding and that consumers are protected 

from unfair practices.

 Furthermore, cyber laws aim to balance the freedom of speech with the regulation of 

harmful online content, such as hate speech, defamation, and child pornography. This is 

achieved through laws that strike a balance between protecting free speech and 

regulating content that is deemed harmful or illegal.

4. IMPORTANCE OF CYBER LAW: 

 Data Protection: -Ensures the protection of personal and sensitive data from 

unauthorized breaches and misuse.

 Intellectual Property Protection: -Regulates the reproduction and distribution of 

intellectual property such as music, movies, software, and written content.

 Cybersecurity and Cybercrime: -Defines rules related to cybersecurity and prosecutes 

cybercriminals, including phishing, identity theft, and cyber stalking.

 E-Commerce and Online Contracts: -Establishes rules for online contracts, electronic 

signatures, consumer protection, and dispute resolution for e- commerce transactions.

 Freedom of Expression and Speech: -Regulates online speech, ensuring that the digital 

realm remains just and fair for everyone.

5. Overview of Cyber security law in India : 

Information Technology Act, 2000: -

The Information Technology (IT) Act of 2000 is the primary legislation in India addressing 

cybercrimes and electronic commerce. It aims to establish a legal framework for electronic 

transactions and combat cybercrime. The Act covers various cyber offenses, including hacking, 

identity theft, cyber terrorism, and data breaches. Section 43 deals with unauthorized access and data theft, imposing penalties on offenders. 

Section 66 defines hacking as acts causing wrongful loss or damage to the public or individuals. 

Section 66C addresses identity theft, covering misuse of digital signatures or unique 

identification features. Section 66E protects privacy by penalizing the capture, publication, or 

transmission of images of private areas of individuals.

Section 67 punishes the publication or transmission of obscene material in electronic form.

 Penalties for Cyber Crimes under the Information Technology Act of 2000: -

The IT Act prescribes stringent penalties for various cybercrimes to deter malicious activities.

Hacking can result in imprisonment for up to three years and offenders may also face a fine of 

up to ₹500000 or both.

Cyberterrorism is punishable with life imprisonment. Offenders causing damage to computer 

systems are liable to pay compensation of up to ₹1 crore.

Ethical hacking if done with the host's consent is recognized and not penalized.

Digital Personal Data Protection Act, 2023: -

The Digital Personal Data Protection Act of 2023 is India's latest legislative effort to safeguard 

personal data. Its primary objective is to regulate the processing of digital personal data and 

uphold individuals' right to protect their data. 

The Act establishes the rights of "data principals" - the individuals whose personal data is 

processed. They have the right to access, correct, and erase their data. 

Personal data can only be processed with the data principal's free, informed, specific, and 

unambiguous consent.

 Penalties under the Digital Personal Data Protection Act include hefty fines for non-

compliance with data protection standards: -

Businesses found guilty of violating the Act can face penalties up to 250 crores applying to both 

data breaches and non-compliance with consent requirements. The Act also provides for 

compensation to individuals, who must have had their data privacy compromised.

6. JUDICIAL INTERPRETATION IN RESPECT TO CYBER LAW: 

Judicial interpretation in respect to cyber law in India has been significant in shaping the legal 

framework and addressing the challenges posed by cyber crimes. Here are some key landmark 

cases:

 Shreya Singhal v. UOI (2015): The Supreme Court struck down Section 66A of the 

Information Technology Act, 2000, which criminalized the sending of offensive messages. 

The Court ruled that the section was unconstitutional as it restricted freedom of speech and 

expression. Shamsher Singh Verma v. State of Haryana (2017): The Supreme Court held that a Compact 

Disc (CD) is a document and that it is not necessary to obtain admission or denial concerning 

a document under Section 294 (1) of the Indian Evidence Act.

 Syed Asifuddin and Ors. v. State of Andhra Pradesh and Anr. (2011): The Supreme Court 

ruled that a telephone handset is a "computer" under Section 2(1)(i) of the Information 

Technology Act, 2000. The Court also held that manipulation of the Electronic Serial 

Number (ESN) programmed into a mobile handset amounts to an alteration of source code 

under Section 65 of the Act.

7. CHALLENGES: 

Cybersecurity Awareness: The government needs to conduct massive cybersecurity awareness 

campaigns to educate citizens about the importance of strong passwords, using public Wi-Fi 

carefully, and other best practices.

Cyber Insurance: Developing tailored cyber insurance policies will help organizations recover 

quickly from cyber-attacks.

Data Protection: A stringent data protection regime is necessary to safeguard personal data.

Collaborative Trigger Mechanism: A collaborative trigger mechanism is needed to bind all parties 

and enable law enforcers to act quickly against cybercrime.

8. CONCLUSION: 

In summary, cyber fraud continues to be a major challenge in India, but the country's evolving 

cyber laws and regulatory frameworks are playing a crucial role in combating these threats. The 

IT Act, along with recent legislation like the DPDPA, and the concerted efforts of various 

cybersecurity institutions, are essential in protecting digital assets and maintaining trust in the 

digital ecosystem.

They should implement necessary cybersecurity measures. Compliance is essential to avoid legal 

and financial repercussions. As cyber threats continue to evolve, staying vigilant becomes even 

more important. Proactive cybersecurity practices are imperative for safeguarding business 

interests and maintaining trust in the digital age.

                                                  

Author,

Muskan Jaiswal

BBA LLB

Babu Banarasi Das University,Lucknow

   

    

Condition of Legal Education in Law Colleges: Critical Analysis by Anchal Saroj, a Law Scholar

Critical Analysis of Legal Education in Law Colleges

Introduction:

Legal education is the backbone of the legal profession, shaping the future lawyers, judges, and policymakers who will interpret and enforce the laws. Law colleges play a pivotal role in this process, but their efficacy has been under scrutiny. This article critically examines the state of legal education in law colleges, highlighting the strengths and weaknesses of current systems and suggesting reforms for improvement.

Historical Context:

Legal education has evolved significantly from the apprenticeship model of the 18th century to the establishment of formal law schools in the 19th and 20th centuries. Early legal education was primarily vocational, focusing on practical skills. However, modern legal education aims to balance theoretical knowledge with practical training, preparing students for diverse roles in the legal profession.

Strengths of Legal Education:

1. Comprehensive Curriculum:  Law colleges offer a robust curriculum covering various aspects of law, including constitutional law, criminal law, civil procedure, and international law. This comprehensive approach ensures that students gain a broad understanding of legal principles.

2. Analytical and Critical Thinking Skills: Legal education emphasizes the development of analytical and critical thinking skills. Through case studies, moot courts, and legal writing exercises, students learn to approach legal problems methodically and articulate their arguments effectively.

3. Professional Networking: Law colleges provide opportunities for students to network with professionals through internships, seminars, and guest lectures. These connections can be invaluable for career advancement.

Weaknesses of Legal Education:

1. Theoretical Overemphasis: Despite efforts to balance theory and practice, many law colleges still lean heavily towards theoretical instruction. This can leave graduates unprepared for the practical realities of legal practice.

2. Lack of Practical Training: Practical training, including internships and clinical legal education, is often insufficient. Students may graduate without having gained substantial real-world experience, which is crucial for their professional development.

3. Outdated Teaching Methods: Traditional lecture-based teaching methods dominate legal education. These methods may not engage students effectively or equip them with the skills needed in a rapidly evolving legal landscape.

4. Accessibility and Inclusivity: Legal education can be prohibitively expensive, limiting access for students from diverse socioeconomic backgrounds. Additionally, there is often a lack of support for students with disabilities and those requiring special accommodations.

Comparative Perspective:

In contrast to many law colleges, some jurisdictions have adopted innovative approaches to legal education. For example, clinical legal education programs in the United States and experiential learning modules in Europe provide students with hands-on experience. These models could serve as inspiration for reforms in other regions.

Proposed Reforms:

1. Integration of Practical Training: Law colleges should integrate more practical training into their curricula. This could include mandatory internships, clinical programs, and simulation exercises that mirror real-world legal practice.

2. Modernization of Teaching Methods: Embracing modern pedagogical methods, such as problem-based learning and interactive seminars, can enhance student engagement and learning outcomes. The use of technology in teaching should also be expanded.

3. Enhanced Accessibility: To make legal education more inclusive, law colleges should offer scholarships, flexible payment plans, and support services for students with special needs. This would ensure that talented individuals from all backgrounds can pursue legal education.

4. Continuous Curriculum Review:Regular review and updating of the curriculum are essential to keep pace with changes in the legal field. This ensures that graduates possess current knowledge and skills relevant to contemporary legal practice.

5. Emphasis on Ethics and Professionalism: Legal education should emphasize ethics and professionalism, preparing students to uphold the highest standards in their practice. This can be achieved through dedicated courses and integrated ethical discussions throughout the curriculum.

 Conclusion :

on the Ground Reality of Legal Education in Law Colleges, Legal education in law colleges has both strengths and weaknesses. While students learn a lot about different laws and develop strong thinking skills, they often lack practical experience. Many law colleges focus too much on theory and use outdated teaching methods, making it hard for graduates to be ready for real-world legal work. There are also issues with the high cost of education and not enough support for students from diverse backgrounds. To improve, law colleges need to offer more hands-on training, use modern teaching methods, make education more affordable, regularly update their courses, and teach ethics and professionalism. These changes are necessary to ensure that law graduates are well-prepared for their careers and can meet the demands of the legal profession.

Author:

Anchal Saroj

LL.B.(Hon.)5th Year

University of Lucknow

Rights of Consumers in India

Consumer rights are an essential part of the marketplace, ensuring that consumers are protected from unfair practices and have the right to make informed choices. Here's an overview of consumer rights:

What are Consumer Rights?

Consumer rights refer to the rights and protections granted to consumers to ensure fair and ethical treatment in the marketplace. These rights are designed to safeguard consumers from deceptive or unsafe products, unfair business practices, and to ensure that they have access to accurate information about the products and services they purchase.

Key Consumer Rights:

1. Right to Safety: Consumers have the right to be protected against goods that are hazardous to their health or safety.

2. Right to Information: Consumers have the right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services to protect them against unfair trade practices.

3. Right to Choose:Consumers have the right to choose from a variety of products and services at competitive prices, with an assurance of satisfactory quality.

4. Right to Redress: Consumers have the right to seek redressal against unfair trade practices or exploitation, including the right to receive compensation for misrepresentation, shoddy goods, or unsatisfactory services.

5. Right to Consumer Education:Consumers have the right to be educated about their rights and responsibilities, enabling them to make informed decisions in the marketplace.

6. Right to Voice:Consumers have the right to be heard, to express their grievances and concerns, and to have their interests represented in the making and execution of government policy.

Significance of Consumer Rights:

Consumer rights play a crucial role in maintaining a fair and transparent marketplace. They empower consumers to make informed choices, promote healthy competition among businesses, and safeguard public health and welfare. Additionally, consumer rights contribute to economic growth and development by fostering trust and confidence in the marketplace.

Enforcement and Protection:

Governments, consumer protection agencies, and regulatory bodies are responsible for enforcing consumer rights and ensuring that businesses comply with consumer protection laws. Consumers can seek redressal through consumer courts, ombudsmen, and other legal mechanisms established to protect their rights.In conclusion, consumer rights are fundamental to ensuring a fair, safe, and transparent marketplace. By upholding these rights, governments, businesses, and consumers collectively contribute to the ethical and sustainable growth of the economy.If you have specific questions about consumer rights in your jurisdiction or need guidance on consumer protection laws, it is advisable to consult with a legal professional or consumer rights organization for personalized assistance.

क्या UPI ट्रांजेक्शन पर सरचार्ज लगेगा?

 NPCI द्वारा अपने 29 मार्च के नोटिस में स्पष्ट किया गया कि सिर्फ PPI (प्रीपेड वॉलेट पेमेंट) के माध्यम से पेमेंट करने पर 1.1% के सरचार्ज लगेंगे,जो कि मर्चेंट को वीयर करने होंगे, कस्टमर को परेशान होने की आवश्यकता नही है।

और UPI (बैंक टू बैंक ट्रांसफर) पर कोई भी सरचार्ज नही लगेगा,ये बिलकुल मुफ़्त में होगा जैसा कि पहले होता रहता था।

वही मीडिया और सोशल मीडिया पर ख़बर आयी कि  UPI ट्रांजेक्शन 2000/- के ऊपर करने पर 1.1% सरचार्ज लगेगा, जिसको PBI fact चेक के माध्यम से स्पष्ट किया गया कि ऐसी ख़बर फेज और निराधार है, यह मात्र एक अफ़वाह है।

निष्कर्ष: आज भी UPI पेमेंट जो बैंक लिंक के माध्यम से होगा उसपर कोई भी चार्ज या सरचार्ज नही लगेगा, जो कि NPCI ने अपने 29 मार्च 2023 के नोटिफिकेशन में स्पष्ट कर दिया है।

Defamation Law and Disqualification of MPs

 

Defamation Law and Disqualification of MPs

    

Recently, an MP (Member of Parliament), Rahul Gandhi was sentenced to 02 years in jail in a 2019 Defamation Case over his remarks about another political leader (Narendra Modi) by the Surat Court.

The case was filed under Indian Penal Code (IPC) sections 499 and 500, which deals with defamation.

According to Section 499 of the IPC, defamation could be by words – spoken or intended to be read, by signs, and also by visible representations.

These can either be published or spoken about a person with the intention of damaging the reputation of that person, or with the knowledge or reason to believe that the imputation will harm his reputation.

Section 500 provides imprisonment of up to two years, with or without a fine, for someone held guilty of criminal defamation.

What Is Defamation?

Defamation is the act of communicating false statements about a person that injure the reputation of that person in the eyes of an ordinary man.

Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation.

Defamation Law in India:

Article 19 of the Constitution grants freedom of speech to its citizens. However, Article 19(2) has imposed certain reasonable exemptions to this freedom such as - Contempt of Court, defamation and incitement to an offence.

In India, defamation can be both a civil wrong and a criminal offence, depending on the objective the victim seeks to achieve.

A Civil Wrong sees a wrong being redressed with monetary compensation, while a criminal law seeks to punish a wrongdoer and show the mirror to others not to commit such acts.

In a Criminal Offense, defamation has to be established beyond reasonable doubt but in a civil defamation suit, damages can be awarded based on probabilities.

Free Speech and Defamatory laws:

It is argued that the laws of defamation are a violation of Fundamental Rights guaranteed under Article 19 of the constitution.

The Supreme Court has ruled that the criminal provisions of defamation are constitutionally valid and are not in conflict with the right to free speech.

The Supreme Court has also held that it is valid to treat defamation as a public wrong and that criminal defamation is not a disproportionate restriction on free speech, because protection of reputation is a fundamental right as well as a human right.

The Court relied on the judgments of other countries and reaffirmed the right to reputation as a part of the right to life under Article 21.

Using the principle of ‘balancing of fundamental rights’, the court held that the right to freedom and speech and expression cannot be “allowed so much room that even the reputation of an individual which is a constituent of Article 21 would have no entry into that area”.

Previous Judgements on Defamation?

Mahendra Ram Vs. Harnandan Prasad (1958): A letter written in Urdu was sent to the plaintiff. Therefore, he needed another person to read it to him. It was held that since the defendant knew the plaintiff does not know Urdu and he needs assistance, the act of the defendant amounted to defamation.

Ram Jethmalani Vs. Subramanian Swamy (2006): The High Court of Delhi held Dr. Swamy for defaming Ram Jetmalani by saying that he received money from a banned organisation to protect the then Chief Minister of Tamil Nadu from the case of assassination of Rajiv Gandhi.

Shreya Singhal Vs. Union of India (2015): It is a landmark judgement regarding internet defamation. It held unconstitutional Section 66A of the Information Technology Act, 2000 which punishes for sending offensive messages through communication services.

What Happens if a Lawmaker/MP is Convicted?

The conviction may disqualify an MP if the offence for which he is convicted is listed in Section 8(1) of the Representation of the People (RPA) Act of 1951.

This section includes offences such as section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) and a few others.

Section 8(3) of the RPA mandates that an MP can be disqualified if convicted and sentenced to at least 2 years of imprisonment.

However, the section also states that the disqualification takes effect only “after three months have elapsed” from the date of conviction.

Within that period, the convicted MP can file an appeal against the sentence before the High Court.

Conclusion:

Intentional acts of defamation are also punished with imprisonment which prohibits defaming a person with malice intention. The defamation law is also constitutional and is a reasonable restriction on the right to free speech and expression.

However, it is no defamation if the acts done fall within the exceptions provided. Over the seventy-one years of Independence, there have been numerous cases of defamation and the court has interpreted each and every case with utmost care and they serve as precedents.