Posts

When Does Online Criticism Cross the Line Into Civil or Criminal Cyber Defamation?

Image
Not every negative review, angry post on social media or comment qualifies as a case of defamation. It all boils down to asking the questions as to what was said, about whom it was said, how it was said, to whom it was said, and what effect was intended or known to be achieved from such communication.   In an online publication, the matter gets even trickier since one post can be quickly replicated and distributed among thousands of people through copying and sharing in a few minutes' time. Yet, the law recognises that criticism, opinions, and communications made in good faith are protected by law.   Thus, understanding cyber defamation laws in India , civil and criminal liability entails much more than just asking whether the person was offended or his or her reputation suffered because of such communication. The key is to determine whether the online statement satisfies the legal requirements of defamation and whether any statutory exception or other defence applies....
Post a Comment
Read more

How Anticipatory Bail Protects You from Arbitrary Arrest in False Criminal Cases

Image
An FIR can bring about dire consequences even before the court has made a determination of whether the allegations contained in it are correct. Where there is an FIR with respect to a non-bailable offence wherein there is a threat of arrest, the question of legality in this situation would not be just about whether the case has been concocted. The most important consideration at this stage would be whether there is any way in which it could be avoided while the allegations are being investigated legally.   When seeking anticipatory bail in false criminal cases in India , one needs to answer the following questions:   ●        What is being alleged against me? ●        Is there really a threat of arrest? ●        Is the law regarding anticipatory bail applicable in my case? ●        Is my purpose to avoid the threat of arrest or even prevent crim...
Post a Comment
Location: India
Read more

What Legally Constitutes a "Cognizable Offence" Where Police Can Arrest Without a Warrant?

Image
Is it legal for the police to arrest without a warrant? It will depend on the nature of the crime and the provisions of law. A cognizable offence is one where there is no need for the police to have a warrant for arrest or investigation before taking permission from a magistrate. But it does not imply that all offenders will have to be taken into custody immediately. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been governing the criminal procedure process in India from 1 July 2024 onwards. It repealed the Code of Criminal Procedure, 1973 (CrPC). Section 35 of BNSS addresses this issue. What Is a Cognizable Offence? A cognizable offence is an offence in respect of which an arrest may be made without a warrant in terms of the statutory provisions. Cognizable offences may also be investigated by the police without the need for any prior instruction by the Magistrate. The status of an offence will depend on the relevant statute. Whether an offence is cognizable or non...
Post a Comment
Location: India
Read more

The Legal Importance of Vetting Third-Party IT and Cloud Service Contracts for Data Security

Image
If an organisation transfers its systems, applications, and data to any external IT/cloud service provider, then the problem of security is not solved merely by ensuring that the vendor selected is technically proficient. The contract will dictate what can be accessed, what can be done with that information, what security obligations will apply, how fast an incident will need to be reported, and how matters are handled upon separation of the contractual relationship.   This means that for organisations in India, the process of contractual review becomes an essential element of the data security governance regime. In relation to Indian companies, the relevant obligations will derive from various sources such as the Information Technology Act, 2000, CERT-In directions, Digital Personal Data Protection Act, 2023 (DPDP Act) and other specific regulations. In this context, cloud service contract data security legal compliance in India requires businesses to look beyond technical sec...
Post a Comment
Location: India
Read more