Supreme Court clarifies on Evidentiary Aspects

Ever since ITA 2000 became a law in India (17th October 2000), discussions are being held on the admissibility of electronic evidence in a Court of law. Section 65B of the Indian Evidence Act laid down the procedure by which an electronic document may be considered as “Admissible”.

Naavi.org has clarified this many times and since around 2002 maintains a service “Cyber Evidence Archival Center” providing certified copies of electronic document in print form with certification as explained in Section 65B. Though the evidence produced by CEAC has been presented and accepted in some court proceedings, there used to be continued discussion on the subject.

Now in a recent case, Supreme Court has provided some clarification.

According the report, the Supreme Court stated

” An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65B (of Evidence Act) are satisfied. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible,” said the court in the judgment written by Justice Kurian Joseph.”

Refer: Article in FPJ

Naavi

Share Button
Print Friendly

G Mail hacking news triggers interest in Cyber Insurance

The recent report on the compromise of 4.93 million passwords has triggered a renewed interest in Insurance against Data Security threats. According to this report in Indian Express, (See here), some of the BPOs in India have been showing interest in buying such products.

This report is very important since it establishes the viability of such insurance. Naavi has been advocating that Banks should take such insurance to protect the customers against Phishing frauds.RBI has also mandated the same to Banks since 2001.  Many of the Banks have however been suggesting that no such insurance is available in India.

With the developments reported in the news papers,  such excuses will no longer be be acceptable to the judiciary.

This is good news for those Cyber Crime victims who have been pursuing their cases against Banks such as ICICI Bank, PNB, SBI, AXIS Bank etc.

Naavi

Share Button
Print Friendly

Mumbai Adjudicator conducts E-Adjudication

In a commendable move, Mr Rajesh Aggarwal, Adjudicator of Maharashtra (IT Secretary) created a precedence in conducting an online adjudication session with litigants in Nagpur through video conferencing.

Report

Naavi has been advocating such an approach for a long time but no adjudicator had so far taken such a decision so far.  Naavi has also pioneered a facility  at www.arbitration.in for the purpose where the session is also CEAC certified. We are only waiting for more and more persons like Mr Rajesh Aggarwal who are open to people friendly adjduicators.

Hope other adjudicators will also take a cue from Mr Rajesh Aggarwal.

Naavi

Share Button
Print Friendly

Android users face Ransom ware threat

New York Times has reported a spreading ransom ware targetting Android users.  A message stating that the phone owner is guilty of an offence and FBI has locked the phone and it can be unlocked if a payment is made to so and so… could be one of the ways by which the ransom may be demanded.

See Report:

 

Naavi

Share Button
Print Friendly

Truecaller data base hacked

It is reported that a hacking group from Syria has hacked the True caller data base and downloaded large chunk of data of mobile users. Users may take precautionary steps to presume that any sensitive information in their mobile phone contacts  would have been compromised.

Report in TOI

Naavi

Share Button
Print Friendly

Technology used to strangle Bank Customers

Reserve Bank of India is slowly losing focus on customer service aspects of Banking service. Acceding to a request from the Indian Bank’s association, RBI has imposed an ATM transaction limits of 3 withdrawals per month after which the customer would be charged Rs 20 per transaction. (Refer report)

Many of the Banks have already imposed a limit for direct withdrawals at the Bank counters and are charging fees for withdrawing cash at the counters. With the current notification customers are made to pay whether they withdraw cash at the counters or at the ATM. It appears that RBI wants customers to move back into the cash economy and withdraw all their monthly requirements in one go.

When technology was introduced in Banking, customers were promised of better services at lower costs. However over the years Banking transaction costs have only been on the increase and at a pace higher than the inflation. I would be happy if IBA releases data of “Weighted Average Banking Transactions Cost” in India and check how it has been increasing year after year say from 1980 when technology at higher levels was brought in to the system.

While the Government will start subsidizing the costs to select sections of privileged sectors for political reasons, other ordinary “Neglected Class of Bank Customers” will end up paying more than proportionate costs for the Banking services they may avail or even not avail.

Will the RBI Governor Mr Raghuraman Rajan respond?

Naavi

Share Button
Print Friendly