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Thursday, March 28, 2013

cyber privacy and data protection


The Information Technology Act 2000, though in its initial stage, did not contain any specific provisions to address the issue of cyber privacy and data protection. Section 72 of the I T Act says, "penalty for breach of confidentiality and privacy". But the scope of this section is very limited.
But the amendment in year 2008, in the I T Act addressed issues about cyber privacy and physical privacy due to misuse of electronic means of communication. IT act provides civil and criminal remedies for breach of privacy.

cyber stalking - criminal offence

Cyber stalking is an extension of physical stalking. Now, as per new amendment in Indian Penal Code, stalking is an offence. Whereas, in the cyber world, section 66A of IT act defines the offences comes under cyber stalking.
If an electronic media is used to pursue, harass or contact another in an unsolicited fashion, it can be an offence under cyber stalking.

Friday, March 22, 2013

Indecent representation of women - action - kerala police circular.

Acting against indecent representation of women in advertisements and other photographs, Kerala Police has come with a call to implement the provisions of INDECENT REPRESENTATION OF ACT (PREVENTION) strictly... full text of circular.
INDECENT REPRESENTATION OF WOMEN - KERALA POLICE CIRCULAR

Wednesday, March 6, 2013

New Criminal law (amendment) Ordinance 2013 .. a real change. NEW CRIMINAL LAW ORDINANCE 2013 - NEW LAWS OF SEXUAL ASSAULT - INDIAN PENAL CODE AMENDMENT 2013 - IPC

Obviously, subsequent to the increase in sexual incidents against the women reported again and again, Union Government has come up with new amendment in the Criminal law. Though this time, it is not on a new platform, but on the classic ever green Indian Penal Code itself.
The Indian Penal Code stood strong for decades and it will continue to be so in coming decades also. The new ordinance on criminal law is not a new wine in old jar; its really new wine in new jar, though attached to the decades old IPC.

Several new offences are included and severe punishments are mandated.
IPC 354 A - sexual harassment and punishment for sexual harassment:
Punishment which may extend to 5 years and fine.
IPC 354 B - Assault or use of criminal force to women with intent to disrobe. (to make her naked) : Punishment shall not be less than 3 years, but may extend to 7 years and fine.
IPC 354 C - Voyeurism - Watches, captures the image of a women engaging in a private act:
Punishment shall not be less than 1 year, but may extend to 3 years and fine
IPC 354 D - Stalking - whoever follows a person and contacts or attempt to contact to foster personal interaction repeatedly, despite of clear indication of disinterest; or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or distress in the mind of victim or interferes with the mental peace of such person.
Punishment shall not be less than 1 year which may extend to 3 years
IPC AMENDMENT ORDINANCE 2013 RELEVANT EXTRACTS

NIGHT AUTOPSIES - POST MORTEM CAN BE CONDUCTED - GOVERNMENT ORDER

The Kerala Government ordered to conduct post mortem on night too on experimental basis, with sufficient light and other facilities. 
Earlier, the law that does not allow autopsy on night was an ordeal for the dear ones to wait long hours before the mortuary to get the body of their dead ones in case of un natural deaths. 
If the present decision taken upon experimental basis succeeded, the same will be extended permanently.

NIGHT AUTOPSIES - POST MORTEM CAN BE CONDUCTED - GOVERNMENT ORDER