Category: Privacy

Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?

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- Vaani Negi Introduction Adolescence, the latest four-episode miniseries on Netflix, has been rapidly gaining acclaim, and deservedly so. The series delves into the harrowing aftermath of a 13-year-old boy being accused of murder.  The narrative reveals school-going children looking for direction from a digital world that warps their perceptions, rather than from teachers no … Continue reading Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?

Criminalising Deepfake NCII: A Swift and Just Sword

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-Arnav Kaman & Gauri Sidana Introduction Before the start of the Paris AI summit, President Macron shared a video with deepfake AI generated versions of himself in popular movies and TV shows. An ill attempt at humour by the president wanting to bring attention back on to himself. One cannot help but feel the video … Continue reading Criminalising Deepfake NCII: A Swift and Just Sword

Digital Platforms and Dirty Money:  Addressing Financial Non-Regulation within Social Media Platforms

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-Tanya Sara George Introduction As per a 2024 FATF report, most domestic money laundering operations are conducted through open sources and social media networks. Initially designed as neutral forums for communication under Section 2(w) of the IT Act of 2000, these platforms have evolved into dual-purpose entities, facilitating not just digital interactions but financial transactions. … Continue reading Digital Platforms and Dirty Money:  Addressing Financial Non-Regulation within Social Media Platforms

The 283rd Law Commission Report – Better If Not Implemented

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- Vedant Choudhary The Law Commission of India in its 283rd report, titled, ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has recommended against amending the age of consent under the POCSO Act. This negative recommendation comes in light of growing cases of romantic relationships between minors, where de facto … Continue reading The 283rd Law Commission Report – Better If Not Implemented

Taking a Closer Look at the Criminal Procedure Identification Act & Rules 

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~By Abhinav Sekhri The Criminal Procedure Identification Act, 2002 ["CPIA"] was passed this April amidst significant criticism [see, for instance, here, here and here]. The issues identified with this law were across a wide spectrum — the attack on the right to privacy, the uncertain status of the forensic 'science' at play, the lack of clarity in terms of implementation. Some … Continue reading Taking a Closer Look at the Criminal Procedure Identification Act & Rules 

Predictive policing: A criminal justice tool that threatens human rights

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-By Sahajveer Baweja Predictive policing is an application/tool that is supported by artificial intelligence technology. These tools are currently used by investigation wings and law and order agencies in many nations to curb the crime from taking place. Such applications work on the concept of using sets of data quantities which are processed by analytical … Continue reading Predictive policing: A criminal justice tool that threatens human rights

Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate

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By Kartik Shrivastava Introduction On 18th April this year, the President of India gave his assent to the contentious Criminal Procedure (Identification) Act, 2022. The Act was passed in both the Houses of Parliament on 6th April by a voice vote. The Act seeks to replace the 102-year-old colonial law on collecting "measurements" of the … Continue reading Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate

‘Miniscule Fraction of The Total Population’: Not Entitled to Legal Marriage and Protection from Abuse?

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-By Prachi Agrawal & Charu Sharma Introduction: Namesake Recognition In the years antecedent to 2018, same sex carnal intercourse, regardless of consent, was considered against the order of nature and was weighed at par with bestiality, i.e. sexual intercourse between humans and animals. Under Section 377 of the Indian Penal Code, 1860 [hereinafter ‘IPC’], it … Continue reading ‘Miniscule Fraction of The Total Population’: Not Entitled to Legal Marriage and Protection from Abuse?

An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

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-By Shuchi Agrawal Introduction The Indian Evidence Act of 1872 does not forbid the examination of illegally collected evidence by the Courts, if it is relevant or establishes guilt or innocence. However, Indian courts have had conflicting opinions on the admissibility and evidence value of illegally collected evidence. Two major doctrines related to this conflict … Continue reading An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

Section 67 of IT Act 2000: Scope, Misuse and the Striking Inadequacy

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By Shubhra Agarwal and Anusha Agarwal INTRODUCTION The Information Technology Act, 2000 has been contentious legislation since its enactment. The Act gave a new direction to how cyber-crimes are dealt with in India. However, the question we ask today is whether it fits satisfactorily in the current scenario or does it require revision. One particular … Continue reading Section 67 of IT Act 2000: Scope, Misuse and the Striking Inadequacy

Emanating Consequences of AI in Healthcare- Ethicality and Legality

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By Ranjeet Soni and Rohit Shrivastava INTRODUCTION “Success in creating AI would be the biggest event in human history. Unfortunately, it might also be the last unless we learn how to avoid the risks.” -- Stephen Hawking In the twenty-first century, technology’s role in the domain of healthcare has grown leaps and bounds. Previously in this … Continue reading Emanating Consequences of AI in Healthcare- Ethicality and Legality

The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

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By Anurag Mohan Bhatnagar and Manvendra Shekhawat Introduction We live in an era in which, almost every crime has an electronic component involved, and be it a computer or mobile phones or even a small SD Card. Mobile phones, laptops, computers can be used for carrying out crime and can further be helpful for investigating … Continue reading The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

COVID-19 – XVI: Monitoring the Prisoners Beyond the Prisons: GPS Tracking for Interim Bails/Paroles

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By Bodhisattwa Majumder and Ritika Acharya A pandemic does not discriminate on the basis of class, community or character and strikes every section of the society equally. However, the precautions one can take against the virus are highly prejudiced and biased based on an individual’s financial, social and geographical position in the society. While society … Continue reading COVID-19 – XVI: Monitoring the Prisoners Beyond the Prisons: GPS Tracking for Interim Bails/Paroles

Mobile Phones and Criminal Investigations

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By Abhinav Sekhri [This post first appeared on the author's blog, 'The Proof of Guilt'.] I've put out a short primer/paper (made with friends) explaining the basics about mobile phones and criminal investigations. This is meant to help convey the legal issues that arise in the context of the following: (i) seizure of a phone by … Continue reading Mobile Phones and Criminal Investigations

Barriers to Recognition of Information Theft

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By  Livie Jain How feasible is it to protect the rights of owners by legally recognising the theft of information? In the recent annual report on Cyber Safety Insights, the country director of NortonLifeLock, Ritesh Chopra has flagged concerns regarding increasing instances of data theft and the complacent attitude of people when it comes to … Continue reading Barriers to Recognition of Information Theft

Two-finger Test: Transgression into Dignity, Privacy, and more…

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Aman Garg On January 29, the Gujarat High Court, in a strongly worded verdict, declared the ‘two-finger test’ to be violative of woman’s right to privacy and dignity and held the same to be unconstitutional. The Hon’ble Court noted that the said practice was in direct conflict with different constitutional and statutory provisions and directed … Continue reading Two-finger Test: Transgression into Dignity, Privacy, and more…

Privacy Judgement: Impact on Law of Searches

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By Samarth Sansar “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”[1] A 9- judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India … Continue reading Privacy Judgement: Impact on Law of Searches