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    IFSL-22_11

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    IFSL-22_11

    Uploaded by

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    7 views5 pages

    IFSL-22_11

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    Indian Evidence Act (IEA):

    1. Section 3: Defines key terms like "evidence," "fact," "relevant fact," and others.
    2. Types of Evidence:
    ○ Oral Evidence (Section 60): Must be direct.
    ○ Documentary Evidence: Includes primary and secondary evidence.
    ○ Circumstantial Evidence: Relies on a series of facts to infer a conclusion.
    ○ Direct Evidence: Directly proves a fact without inference.
    3. Expert Opinions (Sections 45 & 46):
    ○ Section 45: Expert testimony is admissible in fields like science, handwriting, or
    foreign law.
    ○ Section 46: Facts supporting or contradicting an expert opinion are relevant.
    4. Dying Declaration (Section 32): Statements made by a dying person are considered
    reliable, given the assumption they would not lie in their final moments.
    5. Judicial Notice (Section 57): Courts take judicial notice of certain facts without
    requiring proof (e.g., general laws, government notifications).
    6. Handwriting Comparison (Section 73): Courts can compare disputed handwriting or
    signatures.
    7. Witness Examination (Sections 137 & 138):
    ○ Section 137: Defines examination-in-chief, cross-examination, and
    re-examination.
    ○ Section 138: Prescribes the order and rules of witness examination.
    8. Leading Questions (Section 141): Questions prompting a particular answer are
    controlled during examination.

    Code of Criminal Procedure (CrPC):

    1. Section 291: Evidence regarding electronic records is admissible.


    2. Section 291A: Allows video conferencing as a mode of evidence collection.
    3. Difference Between IPC and CrPC:
    ○ IPC (Indian Penal Code): Defines punishable offenses.
    ○ CrPC: Outlines the procedural framework for criminal trials.

    General Observations:

    ● Admissibility: Evidence must be relevant and adhere to procedural rules.


    ● Sequence of Witnesses (Section 135): Witnesses should testify in an order that
    logically supports the case narrative.
    ● Impartiality: Experts providing opinions under Section 45 must maintain impartiality and
    possess the necessary qualifications.
    Practical Applications:

    ● Courts rely heavily on both oral and documentary evidence.


    ● The role of digital evidence is growing but requires careful handling due to its
    susceptibility to tampering.
    ● Sections 45, 32, 60, and 138 are frequently invoked in criminal trials for determining
    admissibility and reliability.

    1. Electronic Evidence in Indian Law

    Electronic evidence refers to information stored in or transmitted via electronic devices (e.g.,
    emails, social media posts, digital records).

    Challenges:

    ● Tampering: Digital data can be altered or manipulated, leading to doubts about


    authenticity.
    ● Admissibility: Indian law requires strict adherence to the Indian Evidence Act (Section
    65B), which specifies the process for submitting electronic evidence.

    Key Legal Provisions:

    ● Section 292 (IPC): Focuses on obscene materials (books, images, etc.) and may extend
    to digital files.
    ● Section 293 (CrPC): Allows certain government experts to submit their findings without
    requiring additional proof unless challenged.
    ● Role of Expert Cross-Examination: The opposing party can question the accuracy of
    expert findings, such as error rates in equipment used or bias in data analysis.

    2. Cyber Laws and Child Protection

    The Information Technology Act, 2000 is the key legislation in India for governing online
    activities.

    Key Sections in Cybercrime:

    ● Section 66: Penalizes hacking and unauthorized access to systems.


    ● Section 67: Criminalizes the transmission of obscene material electronically, including
    child pornography (CSAM).
    ● Section 69: Grants the government power to monitor or intercept data under conditions
    of national security.
    Child Protection:

    ● Issues with Child Abuse Material (CSAM):


    ○ Illegal content involving minors is punishable under Indian laws.
    ○ Possessing, sharing, or even viewing such material is a serious crime.
    ● Why Children are Vulnerable:
    ○ Lack of awareness about risks.
    ○ Mental immaturity to resist coercion or understand consequences.
    ● Blue Whale Challenge Case:
    ○ This deadly online "game" coerced children into self-harm, showcasing the
    dangers of unregulated internet spaces.

    3. Privacy and Data Protection

    The Right to Privacy:

    ● Recognized as a fundamental right in India (Puttaswamy Judgment, 2017).


    ● Section 72 of IT Act: Addresses breach of confidentiality. For instance:
    ○ If a service provider leaks your personal data, they can be held liable.

    Concerns:

    ● Biometric Data & Aadhaar: Government programs like Aadhaar store sensitive data,
    which, if mishandled, can pose privacy risks.
    ● Unauthorized Access: Applications sometimes collect data without user consent,
    violating privacy.

    4. Social Media & Regulation

    Social media platforms often host user-generated content that may infringe on personal rights or
    facilitate crimes.

    Issues:

    ● Misuse of Images/Content:
    ○ Pictures can be downloaded and misused.
    ○ AI-generated "deepfakes" have made identity theft and defamation easier.
    ● Lack of Regulation:
    ○ Platforms often fail to curb harmful content, like hate speech or fake news.

    IT Rules, 2021:
    ● Regulates intermediaries like Facebook, Instagram, and Twitter.
    ● Requires faster responses to takedown requests and greater accountability.

    5. Exam Preparation Tips (If You’re a Student)

    Study Focus:

    ● Concentrate on high-yield sections like Sections 65B (Evidence Act), 66, 67, 69, and 72
    (IT Act).
    ● Familiarize yourself with real-life case studies such as:
    ○ Cambridge Analytica Scandal: Misuse of personal data for influencing
    elections.
    ○ Blue Whale Challenge: Online coercion leading to child suicides.

    Writing Answers:

    ● Structure answers around laws, examples, and solutions.


    ● Use legal language but make sure your points are clear and concise.
    ● If given an application-based question, address:
    ○ Relevant laws.
    ○ Ethical considerations.
    ○ Preventive measures (e.g., digital literacy, awareness campaigns).

    6. Cyber Awareness for Individuals

    Protection Strategies:

    ● Secure Your Devices: Install reliable antivirus software and keep systems updated.
    ● Be Cautious About Permissions: Apps requesting unnecessary permissions (e.g., a
    calculator app asking for access to your photos) may be malicious.
    ● Avoid Sharing Sensitive Data: Minimize the amount of personal information you share
    online.

    Parental Guidance:

    ● Regularly communicate with children about online safety.


    ● Monitor internet usage without violating their privacy.
    ● Teach them to avoid suspicious games, apps, or messages.

    Practical Recommendations
    For the Government:

    ● Stricter cyber laws and enforcement mechanisms.


    ● Collaboration with international organizations like Interpol to track global cybercrime.

    For Individuals:

    ● Report illegal content promptly.


    ● Avoid forwarding sensitive material to ensure you're not complicit.

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