Advocate Sharda Ahuja

Section 66A punished sending through computer resources or communication devices any information that was: grossly offensive menacing caused annoyance, inconvenience, danger, obstruction, insult, injury hatred or ill-will Punishment: ➡ Imprisonment up to 3 years + fine Nature of the Provision Introduced by IT (Amendment) Act, 2008 Aimed to control misuse of internet, emails, social media Applied to Facebook posts, tweets, WhatsApp messages, emails Problems with Section 66A Vague & Overbroad Terms like annoyance , grossly offensive had no legal definition Chilling Effect on Free Speech People feared arrest for expressing opinions online Police Misuse Arrests for political criticism, cartoons, memes, comments Violation of Article 19(1)(a) Freedom of speech & expression Landmark Judgment Shreya Singhal v. Union of India (2015) Facts Multiple petitions challenged constitutionality of Section 66A. Triggered by arrests of individuals fo...

Section 66 of the Information Technology Act, 2000 criminalises computer-related offences when acts described under Section 43 are committed dishonestly or fraudulently. It converts civil wrongs into criminal offences when mens rea exists. When such acts result in cheating, fraud, identity misuse, or wrongful loss, corresponding provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) may also apply. Thus, Section 66 operates as a special cyber offence, supplemented by general criminal law. Section 66 – Computer Related Offences If any person dishonestly or fraudulently:  Accesses a computer without permission,  Downloads or copies data,  Introduces malware,  Disrupts or damages systems,  Denies access to authorised users,  Manipulates accounts  they commit an offence under Section 66. Punishment Imprisonment up to 3 years Fine up to ₹5 lakh Or both Essential Elements 1. Unauthorised act (Section 43 act) 2. Dishonest or fraudulent intention 3. Resulting l...

Introduction Section 65 of the Information Technology Act, 2000 criminalises tampering with computer source documents. It protects the integrity of software systems and electronic infrastructure. In the modern legal framework, such tampering may also attract liability under the Bharatiya Nyaya Sanhita, 2023 (BNS) where the act results in wrongful loss, destruction of property, or public harm. Thus, Section 65 operates as a special cyber offence, while BNS provides general criminal liability. Section 65 – Tampering with Computer Source Documents Provision Whoever knowingly or intentionally conceals, destroys, or alters computer source code required by law to be maintained commits an offence. Essential Ingredients 1. Existence of computer source code 2. Code required to be preserved by law 3. Intentional or knowing tampering 4. Unauthorised act 📌 Mens rea is essential. Punishment Imprisonment up to 3 years Fine up to ₹2 lakh Or both Purpose of Section 65 Protect digital infrastructure P...

The International Criminal Court (ICC) is the first permanent international criminal tribunal established to investigate and prosecute individuals (not states) accused of committing the most serious crimes of concern to the international community . The ICC seeks to ensure accountability, end impunity, and contribute to the prevention of grave international crimes. Legal Basis and Establishment The ICC was established by the Rome Statute , adopted in 1998 and entered into force on 1 July 2002 . The Rome Statute serves as the founding treaty of the ICC and defines its jurisdiction, structure, and functions. Headquarters: The Hague, Netherlands Nature: Permanent judicial institution Temporal jurisdiction: Crimes committed on or after 1 July 2002 Crimes under ICC Jurisdiction Under Article 5 of the Rome Statute , the ICC has jurisdiction over four core international crimes : 1. Genocide Acts committed with intent to destroy , in whole or in part, a national, ethnic, rac...

Can the law punish affection between two teenagers? Imagine two young people in love, emotionally connected, and close in age.  Years later, that same relationship is dragged into a courtroom, stripped of context, and labelled a sexual offence . This is the moral dilemma that gave birth to the Romeo–Juliet clause . What Is the Romeo–Juliet Clause? The Romeo–Juliet clause (also called a close-in-age exemption ) is a legal safeguard that decriminalises consensual sexual relationships between adolescents who are close in age , even if one of them is technically below the age of consent. Its purpose is simple: To prevent the criminal law from punishing teenage love. The clause recognises that: Adolescents explore relationships naturally Criminal law is meant for exploitation , not experimentation Treating peer relationships as rape causes irreversible harm Why Was It Needed? Historically, age-of-consent laws were designed to protect minors from predatory adults , not t...

The Fracturing of the Golden Thread The golden thread of Indian criminal jurisprudence the presumption of innocence is not a mere procedural formality. It is a constitutional guarantee flowing directly from Article 21 , which protects life, liberty, and dignity. Yet, within the framework of the Protection of Children from Sexual Offences Act, 2012 (POCSO) , this foundational principle is increasingly under siege. While POCSO was enacted to address an undeniable and urgent social evil the sexual exploitation of children its rigid procedural architecture has produced an unintended but devastating consequence. For the falsely accused, the law does not merely initiate a trial; it often initiates a social execution . Long before evidence is tested, the accused is stripped of reputation, livelihood, dignity, and identity. This phenomenon can only be described as Social Death . POCSO and the Culture of Instant Criminalisation Allegations under Sections 3, 5, and 7 of POCSO are deliberat...

PRIVATE DEFENCE IS PREVENTIVE NOT PUNITIVE  Private defence in criminal law refers to the legal right of an individual to protect his own body or property, or the body or property of another person, against unlawful aggression, by using reasonable and necessary force , when immediate recourse to public authorities is not available. In essence, an act done in the lawful exercise of the right of private defence is not an offence , as it is justified by necessity and absence of criminal intent. Statutory Definition (BNS Perspective) Although the Bharatiya Nyaya Sanhita, 2023 does not provide a single, consolidated definition, the concept emerges clearly from its provisions that correspond to Sections 34–44 of the BNS , which collectively establish that: An act done in the lawful exercise of the right of private defence of body or property is not an offence. Judicial Definition The Supreme Court in Munshi Ram v. Delhi Administration (1968) explained: “The right of private de...

Most people don’t lose money because the law is weak. They lose money because they trusted without documenting . Every week, clients walk in saying: “It was a small amount.” “They promised to return it in a few days.” “We knew each other well.” And yet, the dispute ends up in court. The Legal Reality The moment money is transferred, law doesn’t protect emotions it protects evidence . If you lend money without: written acknowledgment, clear repayment terms, proof of purpose, or enforceable security, you convert a simple transaction into a long litigation battle . Civil or Criminal? Many assume recovery is always criminal. It isn’t. Cheque issued & dishonoured → Section 138 NI Act (criminal + compensatory) No cheque / oral promise → Civil recovery suit Dishonest intent from inception → Criminal breach of trust / cheating (facts matter) Misclassifying the remedy at the beginning costs years later . What Smart Lenders Do Differently Before transferring mo...

When someone asks you for money promising, “I’ll pay you back in a few days,” it may feel harmless—especially if it’s a friend, relative, or colleague. But without proper precautions, you risk losing your money and facing legal complications . Here’s what you need to know. 1. Always Get It in Writing A verbal promise may seem enough in personal relationships, but courts rarely rely on verbal agreements . Prepare a simple loan agreement or written acknowledgement of debt. Include the borrower’s name, the amount, and repayment date . 2. Specify the Repayment Timeline Even if they promise “a few days,” you need a clear repayment date . Example: “I will repay ₹50,000 by 10th January 2026.” This will help you establish legal timelines if repayment is delayed. 3. Keep Proof of the Transaction Always document the transfer . Bank transfer slips, cheques, or UPI receipts are ideal. Even WhatsApp confirmation or signed promissory notes can strengthen your case. 4. Check Credib...