IT & Cyber Law

Overview

  • Child Pornography
  • Cyber Stalking
  • Phishing
  • Credit Card Fraud
  • MMS Scams
  • Data theft
  • Blackmail online
  • Illegal access to a secured system

Why Us

An Expert team of Lawyers with experience of different cases 

Our lawyers are prevalent in a range of courts :

 

  • Mumbai High Court
  • Sessions Court
  • District Court
  • Tribunals
  • Supreme Court 

Along with creating a tailored strategy that safeguards your interests

Services Offered

  • Lawyers for handling all disputes related to Hacking, Cybersquatting, Domain Name Wrestling, Domain Name registration dispute and all other related subjects
  • Legal advices for SLAs. service agreements, disclaimers etc
    by Cyber and IT lawyer India
  • Legal documentation, Contract vetting and all allied services pertaining to the Cyber Laws
  • Regular Bail, Anticipatory Bail, Interim Bal in a company
    fraud case by employee, partner, etc.
  • Our expert team monitors online platforms and assists clients globally in taking down infringed, objectionable, vulgar
    or defamatory content from the websites
  • Provide assistance in investigations for
    Fraud, and Cyber Crimes; Password hacking crimes: pornography and vulgar postings: infringement or
    piracy over the internet: Credit card embezzlements
  • Cyber Investigations
  • Domain Name Retrievals
  • Cyber Crimes
  • Content Removal from Social Media
  • E-Discovery
  • Forensics
  • UDRP Petitions
  • Cell Phone hacking
  • Virus ingestion crimes
  • Credit Card misuse
  • Hard Drive Examinations
  • Similar Domain name bookings
  • Litigation

Documents required to file a Cyber Crime complaint

For email based complaints

  • Hard and soft copies of the alleged email and its header
  • Ensure that the soft copy Is provided in a CD-R

For social media based complaints

  • A copy or screenshot showing the alleged profile
  • A screenshot of the URL of the alleged content
  • Hard and soft copies of the alleged content
  • Ensure that the soft copy is provided in a CD-R

For business email based complaints

  • A written brief about the offense
  • Originating name and location
  • Originating bank name and account number
  • Recipient’s name (as in bank records)
  • Recipient’s bank account number
  • Recipient’s bank location (not mandatory)
  • Date and amount of transaction
  • SWIFT number

For mobile application based complaints

  • A screenshot of the alleged app
    and the location from where it was
    downloaded
  • The victim’s bank statements in case any transactions were made after
    the incident
  • Soft copies of all the aforesaid documents

For Data Theft complaints

  • The copyright certificate of the allegedly stolen data
  • Details of the suspected employee(s)
  • The following documents are required in relation to the suspected
    employee(s):
    Letter of Appointment
    2 Non-disclosure Agreement
    3. Assigned list of duty
    4. List of clients that the suspect handles
    The proof of breach of your copyright data
  • Devices used by the accused during his/her term of service (only if
    available)

For Ransomware/Malware Complaints

  • The email ID, phone number or evidence of any other means of communication through which the demand for ransom was made
  • In case the malware was sent as an email attachment, screenshots of the email with the complete header of the first receiver

For Internet Banking/Online Transactions/Lottery/scam/Fake call related complaints

  • Bank statements of the concerned bank for the last six months
  • A copy of the SMSs received related to the suspected transactions
  • Copy of the victim’s ID and address proof as in bank records
  • Copy of the victim’s ID and address proof as in bank records

For Bitcoin based complaints

  • A written brief about the offense
  • The address of the bitcoin
  • The amount of bitcoin in question
  • The address from/to whom the purchase/sale of the bitcoins have been done

For Online Cheating complaints

  • A print out of the alleged email with its complete header as received by
    the original receiver (forwarded emails should be avoided)
  • Victim’s bank statement
  • Details of the suspected transactions
  • Soft copies of all the aforesaid documents

Frequently Asked Questions

There are three strong points regarding which a husband and wife have to reach a consensus.

  1. One is alimony or maintenance issues: As per law, there is no minimum or maximum limit of support. It could be any figure or no figure.
  2. The custody of the child: This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses.
  3. The third is the property: The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. Right down to the bank accounts, everything must be divided. It is not necessary for it to be fair, so long as it is agreed to by both parties.

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later. As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period.”

Before anything, you should be aware to produce a divorce notice to your spouse. This is to clarify the emotions and a platform to initiate your thoughts on discontinuing the relationship. A legal notice for divorce will bring in clarity to the other spouse about the future relationship which you want to hold. A spouse can send a legal notice for divorce to the other spouse in order to communicate his/her intention to take legal steps forward covering the marriage relationship. It is a formal communication which is the first step to break the 2018husband and wife 2019 connection.”

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents. The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding the payment on the alimony, the court will take into account the earning potential of the husband, his ability to regenerate his fortune and his liabilities. In case either spouse is unable to pay for the divorce, then the spouse who earns will have to pay these expenses

In a contested divorce, the alimony, its amount and tenure, depend upon the length of the marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors are: Age of the spouse (or the person who is ought to receive the alimony). Economic condition or the earnings of the person who is to provide the alimony. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health). 4. The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.

It seldom matters whether you or your spouse own the property. If you are married irrespective of the fact that a divorce petition has been filed you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.

Many assume that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts will look into the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. You cannot take money into consideration. Usually, the court provides the custody of their children to non-working mothers, but the fathers are expected to provide financial support.

Court fees for filing a divorce are low; the cost is mainly in the fees you pay your lawyer. Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it works, therefore, it may cost anywhere from the low ten thousands to lakhs of rupees.

One can dissolve a marriage in India by means of annulment. The procedure for annulment is same as that of divorce, except that the grounds for annulment are different from that of divorce. Reasons for annulment are fraud, the pregnancy of wife by a person other than the husband, impotence before the marriage and subsisting even at the time of filing the case. Once the Indian court grants an annulment, the status of the parties remains as it was prior to the marriage.

A marriage is automatically void and is automatically can be invalid when the law prohibits it. Section 11 of the Hindu Marriage Act, 1955 deals with: Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 of the Act.

  • Bigamy: If either spouse was still legally married to another person at the time of the marriage then the marriage is void, and no formal annulment is necessary.
  • Interfamily marriage: A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption.iii. Marriage between close relatives: A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs

A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud. The duration for obtaining divorce varies from case to case and place to place. Generally speaking, contested proceedings take 18 to 24 months. Mutual consent varies from 6 months to 18 months

Steps to Follow

Steps to file a cyber crime complaint

  • The very first step to file cyber crime complaint is to register a written complaint with the cyber crime cell of the city are currently in. According to the IT Act, a cyber crime comes under the purview of global jurisdiction. This means that a cyber crime complaint can be registered with any of the cyber cells in India, irrespective of the place where it was originally committed.
    At present, most cities in India have a dedicated cyber crime cell. The last section of this article shall provide you with the list of cyber
    cells in India.
  • In case you are a victim of online harassment, a legal counsel can be approached to assist you with reporting it to the police station.
    Additionally, you may be asked to provide certain documents with the complaint. This would, however, depend on the nature of the crime.
  • Register a Cyber Crime FIR: If you do not have access to any of the cyber cells in India, you can file a First Information Report (FIR) at
    the local police station. In case your complaint is not accepted there, you can approach the Commissioner or the city’s Judicial
    Magistrate.
  • Certain cyber crime offenses come under the Indian Penal Code. You can register a cyber crime FIR at the nearest local police
  • Most of the cyber crimes that are covered under the Indian Penal Code are classified as cognizable offenses. A cognizable offense is the one in which a warrant is not required for an arrest or investigation
    In this case, a police officer is bound to record a Zero FIR from the complainant. He must then forward it to the police station under the jurisdiction of the place where the offense was committed.
  • Zero FIR offers some solace to victims of cases that require immediate attention/investigation as it avoids wasting time in enlisting the offense on police records

Steps for filing complaints related to social media cyber crimes

  • Most of the social media platforms have a clear procedure in place for reporting any abuse or other nasty offenses. You must make sure that you report such activities in the very initial stages of its occurrence. This shall enable the concerned social media platform to take immediate steps for blocking further activities and protecting the privacy of your personal information
  • Facebook, Twitter, Instagram, Snapchat, and YouTube have a strict and clear redressal mechanism to protect its users from online abuse and cyber enemies Make sure that you do your groundwork on their guidelines for reporting an abuse without waiting for an abuse to actually happen!

Steps for Registering an Online Cyber Crime Complaint

  • At present, the Ministry of Home Affairs is in the process of launching a centralized online cyber crime registration portal that would eliminate the need to visit a police station for the same.
  • However, Cyber Crime Cell of Delhi Police and Indore have already launched an online portal for educating the masses on cyber crimes and also accepting online cyber crime complaints.
  • Following are the links to file a cyber crime complaint in India through an online portal