Adv. Prasad Shigvan

Types and prevention of cyber crime   Introduction As a saying in criminology goes – “ a crime will happen where and only when the opportunity avails itself .”. Earlier, cybercrime was committed mainly by individuals or small groups. Presently, it is observed that there is highly complex cybercriminal networks bring together individuals at global level in real time to commit crimes.     Types of Cyber Crimes:   1. Hacking: In this category, a person's computer is broken into so that his personal or sensitive information can be accessed. In the United States, hacking is categorized as a wrongdoing and punishable as such. This is different from ethical hacking, which many organizations use to check their Internet security protection.   - It is suggested to monitor children and how they use the Internet. Install parental control software to limit where they can surf.   - Make sure that social networking profiles such as Facebook, Twitt...

What are the Powers of High Court?  Inherent powers  of the  High Court . Under section 482 of the Code of Criminal Procedure, the  inherent power of High Court  is peculiar in criminal jurisprudence. It is the most powerful weapon for the  High Court  to clear the province of criminal law jurisdiction of all vitiating and malicious influences.  In the following cases, the inherent power of the High Court could be exercised to quash the proceedings- 1.  Where there is a legal bar against the institution or continuance of the proceedings. 2.  Where the allegation in the  first information report  (FIR) or complaint does not constitute the offence alleged.    3.  Where there is no legal evidence adduced in support of the charge or the evidence adduced clearly or failed to prove the charge. The above list of points is not exhaustive. High court may exercise its inherent power in other situations as well,...

What is R.T.I.        RTI stands for Right to Information.  Right to Information Act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empowers citizens to official inspect any Government work or to take the sample of material used in any work. Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. What you can do with RTI? Under the provisions of the Act, any citizen may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wid...

WHAT IS ZERO FIR ?                                           It means that an  FIR  can be filed in any police station, irrespective of the jurisdictional limitations and location of the incident. The respective police station takes in the  FIR  and marks it as a  zero FIR  by giving it serial number  zero  and immediately transfer the documents over to the concerned jurisdiction. Origin of the concept of Zero FIR: The notion of Zero FIR is to institute a jurisdiction free FIR. It was introduced by the recommendation of the Justice Verma Committee in the  Criminal Law Amendment Act, 2013  after the ghastly Delhi rape case.The Amendment was passed by the Lok Sabha on 19 March, 2013 and by the Rajya Sabha on 21 March, 2013 and received the President’s assent on 2 April, 2013 and is deemed to have come into force from t...

How to file a complaint or F.I.R.             The First question comes to our mind is w hat is the difference between complaint and F.I.R.? The  difference between  a F.I.R. (First information report) and a police  complaint  is that an  F.I.R.  relates to the cognizable offence whereas a police  complaint  can be filed for both non-cognizable and cognizable class of offences. Now, what does Cognizable offences  and Non - cognizable offences means? Cognizable offences  are those in which the police can arrest without any warrant. These are more serious in nature.  Whereas, Non - cognizable offences  on the other hand are those for which a police officer has no authority to arrest, unless with a warrant. Who can file an F.I.R.? Anyone, a victim of a crime, a person who has witnessed a crime or who has information about the crime can file an F.I.R. Different source to fil...

Grounds for Divorce under The Hindu Marriage Act,  Grounds of Divorce as per The Hindu Marriage Act Adultery The concept of Adultery may not be considered as an offence. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex.  Cruelty The concept of cruelty includes mental as well as physical cruelty. The physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person.  Desertion Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. In General, the rejection of the obligations of marriage Conversion If one of the spouses converts his religion to any other re...