INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

ROLE OF RIGHT TO INFORMATION IN DEMOCRATIC GOVERNANCE BY - AJIT BAPU KHAMKAR

Authors : AJIT BAPU KHAMKAR

Registration ID : 106316 Published Paper ID: IJLRA6316

Year : Nov -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : adv.ajitkhamkar@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/11.2023-12177997/ROLE OF RIGHT TO INFORMATION IN DEMOCRATIC GOVERNA

MANIFESTATIONS OF SOCIOPATHY IN FEMALES: AGGRESSION, CRIMINALITY AND ERRATICISM By: Ishaan Deepak Joshi

Authors : Ishaan Deepak Joshi

Registration ID : 106315 Published Paper ID: IJLRA6315

Year : Nov -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : ishaanjoshi2k@gmail.com

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WITCH HUNTING - A GENDERED VIOLENCE AGAINST WOMEN BY - B THILLAI NAYAGE

Authors : B THILLAI NAYAGE

Registration ID : 106314 Published Paper ID: IJLRA6314

Year : Nov -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : thillainayage@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/11.2023-16169466/WITCH HUNTING - A GENDERED VIOLENCE AGAINST WOMEN

SOCIAL MEDIA LAWS AND ITS IMPLICATION: IN INDIA BY - DIBYAM

Authors : DIBYAM

Registration ID : 106313 Published Paper ID: IJLRA6313

Year : Nov -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : dibyamarya90@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/11.2023-78553217/SOCIAL MEDIA LAWS AND ITS IMPLICATION: IN INDIA

AN ANALYSIS ON BHOPAL GAS TRAGEDY BY: SHARATH KUMAR R

Authors : SHARATH KUMAR R

Registration ID : 106312 Published Paper ID: IJLRA6312

Year : Nov -2023 | Volume : II | Issue : 7

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Email Id : Sharathkumar24276@gmail.com

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EVIDENTIARY VALUE OF ELECTRONIC EVIDENCE UNDER INDIAN EVIDENCE ACT,1872 BY: YUKTA BAJAJ

Authors : YUKTA BAJAJ

Registration ID : 106311 Published Paper ID: IJLRA6311

Year : Nov -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : yuktabajaj0840@gmail.com

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HUMANISING CRIMINAL JUSTICE RESPONSE AND PUNISHMENT FOR THE OFFENDER By: Anantha Narayanan B

Authors : Anantha Narayanan B

Registration ID : 106310 Published Paper ID: IJLRA6310

Year : Nov -2023 | Volume : II | Issue : 7

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Email Id : Bijirajnatarajanananthanarayan@gmail.com

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IMPACT OF FINANCIAL CRIMES ON THE ECONOMY WITH INSTANCE OF PREVENTIVE ACTS BY - NAINCY KUMARI

Authors : NAINCY KUMARI

Registration ID : 106309 Published Paper ID: IJLRA6309

Year : Nov -2023 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : naincygupta341@gmail.com

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LEGAL MECHANISM FOR THE ECONOMIC HAVOC CAUSED BY BENAMI TRANSACTIONS BY - SONAL PRIYA

Authors : SONAL PRIYA

Registration ID : 106308 Published Paper ID: IJLRA6308

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ANALYSIS OF CLASS ACTION LAWSUIT UNDER INDIAN LAWS. BY - Ms. MAARIA LAKDAWALA

Authors : Ms. MAARIA LAKDAWALA

Registration ID : 106307 Published Paper ID: IJLRA6307

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Doi Link : https://www.doi-ds.org/doilink/11.2023-13962566/ANALYSIS OF CLASS ACTION LAWSUIT UNDER INDIAN LAWS

International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

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[1] Hare, R. D. (1980): A research scale for the assessment of psychopathy in criminal populations: Personality and Individual Differences, 1, 111-119.

[2] Hare, R. D. (1998): The NATO Advanced Study Institute. In D. J. Cooke, A. E. Forth, & R. D. Hare (Eds.), Psychopathy: Theory, research, and implications for society (pp. 1-11). Dordrecht, the Netherlands: Kluwer.

[3] Cleckley, H. (1982): The Mask of Sanity. Revised Edition: Mosby Medical Library

[4] Salekin, R., Rogers, R., & Sewell, K. (1997): Construct validity of psychopathy in a female offender sample: A multitrait-multimethod evaluation: Journal of Abnormal Psychology, 106, 576-585.

[5] Forth, A. E., Kisslinger, T., Brown, S., & Harris, A. (1993): Precursors to psychopathic traits in a sample of male and female university students [Abstract]. Canadian Psychology, 34 (2a), 380

[6] Zagon, I., & Jackson, H. (1994): Construct validity of a psychopathy measure: Personality and Individual Differences, 17, 125-135.

[7] Vitale, J. E., Smith, S. S., Brinkley, C. A. & Newman, J. P. (2002): The reliability and validity of the Psychopathy ChecklistRevised in a sample of female offenders: Criminal Justice and Behavior, 29, 202-231.

[8] Dutton, D. & Nicholls, T. (2005): The gender paradigm in domestic violence research and theory: Part 1—the conflict of theory and data: Aggression and Violent Behavior 10, 680–714.

[9] Hare, R.D. (1991): The Hare Psychopathy Checklist-Revised. Toronto: Multi-Health Systems.

[10] Millon, T., Simonsen, E., Smith M. et al. (1998): Psychopathy: Antisocial, Criminal and Violent Behavior. Guilford Press

[11] Lilienfeld, S.O., & Hess, T. (2001): Psychopathic personality traits and somatization: Sex differences and the mediating role of negative emotionality. Journal of Psychopathology and Behavioral Assessment, 23, 11-24.

[12] Hamburger, M. E., Lilienfeld, S. O., & Hogben, M. (1996): Psychopathy, gender, and gender roles: Implications for antisocial and histrionic personality disorders: Journal of Personality Disorders, 10, 41-55.

[13] Krause, E.D., DeRosa, R.R., & Roth, S. 2002: “Gender, trauma themes, and PTSD: Narratives of male and female survivors. Gender and Post-Traumatic Stress Disorder. Edited by Kimerling, R., Ouimette, P., & Wolfe, J

[14] McCreary, D.R., & Rhodes, N.D. (2001): On the gender-typed nature of dominant and submissive acts. Sex Roles, 44, 339350.

[15] Wester, S. R., & Vogel, D. L. (2002): Working with the male mystique: Male gender role conflict, counseling self-efficacy, and the training of male psychologists. Professional Psychology: Research and Practice, 33, 370-376.

[16] Crick, N. R. (1997): Engagement in gender normative versus gender non-normative forms of aggression: Links to socialpsychological adjustment. Developmental Psychology, 67, 2317-2327.

[17] Grotpeter, J. K., & Crick, N. R. (1996): Relational aggression, overt aggression, and friendship: Child Development, 67, 23282338.

[18] Hazler, R., Powell, R., & Carney, J. V. (1995): Bullying: A school wide intervention. Presented at Kentucky Counselors Association, Louisville, Kentucky

[19] Lescheid, A.W., Cummings, et al. (2001): Aggression in adolescent girls: Implications for policy, prevention and treatment. Canadian Psychology, 42, 200-215.

[20] Moffitt, TE, Caspi, a, Rutter, M & Silva, PA (2001): Sex Differences in Antisocial

[21] Bjorkqvist, K., Osterman, K., and Lagerspetz, K. (1994): Sex differences in covert aggression among adults: Aggressive Behavior, 20, 27-33.

[22] Kaukiainen, A., Salmivalli, C., Björkqvist, K., Österman, K., Lahtinen, A., Kostamo, A., and Lagerspetz, K. (2001): Overt and covert aggression in work settings in relation to the subjective well-being of employees. Aggressive Behavior, 27, 360-371.

[23] Block, J.H. (1983): Differential premises arising from differential socialization of the sexes: Some conjectures. Child Development, 54, 1335-1354.

[24] Hoffman, S., Cummings, A, & Leschied, A.W. (2004): Treating aggression in high risk adolescent girls: Canadian Journal of Counseling, 38, 59-74.

[25] American Psychiatric Association (2000): Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision. Washington, DC: APA

[2] Rahul Jha and Aishwarya Tripathi, It is 2023. Branded as witches, women are still being tortured and killed in Bihar, GAONCONNECTION (November 2, 2023 3.00 PM ),https://www.gaonconnection.com/lead-stories/crime-gender-ncrb-witch-craft-bihar-anti-dayan-law-women-52116 .

[3] James H. Chadbourn , Lynching and the Law, JSTOR (November 2, 2023, 11:15PM) https://www.jstor.org/stable/25710303?seq=1.

[4] Aditi Pandey, Practice of Witch hunt in India: fallacies in statutes and exigency for a central legislation (gender-based violence), CRIMINALLAWSTUDIESNLUJ, (November 2, 2023, 10.00 AM), https://criminallawstudiesnluj.wordpress.com/2022/04/04/practice-of-witch-hunt-in-india-fallacies-in-statutes-and-exigency-for-a-central-legislation-gender-based-violence%EF%BF%BC%EF%BF%BC/ .

[6] Shamsher Alam and Aditya Raj, ‘The Academic Journey of Witch Craft studies in India’, MAN IN INDIA, 97 (21) , 123-138 The Academic, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3108724 .

[7] Aditi Pandey, Practice of Witch hunt in India: fallacies in statutes and exigency for a central legislation (gender-based violence), CRIMINALLAWSTUDIESNLUJ, (November 3, 2023, 10.00 AM), https://criminallawstudiesnluj.wordpress.com/2022/04/04/practice-of-witch-hunt-in-india-fallacies-in-statutes-and-exigency-for-a-central-legislation-gender-based-violence%EF%BF%BC%EF%BF%BC/ .

[8] Section 3 of the Prevention of Witch Hunting Bill, 2016 Bill No. 66 of 2016

[9] Section 4 of the Prevention of Witch Hunting Bill, 2016 Bill No. 66 of 2016

[10] Section 18 of the Prevention of Witch Hunting Bill, 2016 Bill No. 66 of 2016

[11] Section 19 of the Prevention of Witch Hunting Bill, 2016 Bill No. 66 of 2016

[12] Tula Devi and Ors. v. State of Jharkhand, 2006 (3) JCR 222 Jhr.

[13] Madhu Munda and Ors. v. State of Bihar, 2003 (3) JCR 156 Jhr.

[14] Shamsher Alam and Aditya Raj, ‘The Academic Journey of Witch Craft studies in India’, MAN IN INDIA, 97 (21) , 123-138 The Academic, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3108724 .

[1] Plain English Summary of Judgment (2018) Cow Vigilantism. Available at: https://www.scobserver.in/reports/tehseen-poonawalla-union-of-india-tushar-gandhi- plain-english-summary-of-judgment/ (Accessed: 18 November 2023).

[3] The Information Technology Act, Section 66-A, (2000)

[4] The genealogy of this Section may be traced back to Section 10(2)(a) of the U.K Post Office (Amendment) Act, 1935, which made it an offence to send any message by telephone which is grossly offensive or of an indecent, obscene, or menacing character. This Section was substantially incorporated in Section 66 of the UK Post Office Act, 1953 as follows: Prohibition of sending offensive or false telephone messages or false telegrams, etc. If any person: (a) sends any message by telephone which is grossly offensive or of an indecent, obscene or menacing character; (b) sends any message by telephone, or any telegram, which he knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any other person; or (c) persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid, he shall be liable on summary conviction to a fine not exceeding ten pounds, or to imprisonment for a term not exceeding one month, or to both.

This Section in turn was replaced by Section 49 of the British Telecommunication Act, 1981 and Section 43 of the British Telecommunication Act, 1984. In its present form in the UK, it is Section 127 of the Telecommunication Act, 2003 which is relevant and which is as follows:-

127. Improper use of public electronic communications network: A person is guilty of an offence if he sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or causes any such message or matter to be so sent.

A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he sends by means of a public electronic communications network, a message that he knows to be false, causes such a message to be sent; or persistently makes use of a public electronic communications network.

A person guilty of an offence under this Section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

Sub-sections (1) and (2) do not apply to anything done in the course of providing

a program service (within the meaning of the Broadcasting Act 1990 (c.42)). Improper use of public electronic communications network-

This section has no associated Explanatory Notes

(1) A person is guilty of an offence if he-

(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he-

(a) sends by means of a public electronic communications network, a message that he knows to be false,

(b) causes such a message to be sent; or

(3) A person guilty of an offence under this Section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) Sub-sections (1) and (2) do not apply to anything done in the course of providing a program service [within the meaning of the Broadcasting Act 1990 ( c .42)]

[6] Section 2 (v) explain: Information like data, message, text, images, sound, voice, codes, computer program, software and database or micro film or computer generated micro film or computer generated micro film.

[7] Article 19. Protection of specific rights like freedom of speech, etc. : (2) Nothing in clause (1)'s subclause (a) shall impair the operation of any law already in effect or forbid the State from enacting any law that places reasonable limitations on the exercise of the rights granted by that subclause in the interests of India's sovereignty and integrity, the State's security, friendly relations with other States, public order, decency, or morality, or in relation to contempt of court, defamation, or incitement to an offence.

[10] The Constitution of India, Art. 14, 1950

[11] DR. FAROOQ AHMAD, CYBER LAW IN INDIA 394 (5^th ed. 2019)

[12] (No date) Social Media Crimes. Available at: https://cpms- cid.wb.gov.in/portal/cybercrime/social-media- crimes.html#:~:text=The%20most%20commonly%20reported%20and,when%20to% 20call%20the%20police. (Accessed: 18 November 2023).

[13] V.D.DUDEJA, CYBER CRIME AND LAW ENFORCEMENT 41 (ed. 2018)

[14] Social Media Crimes. Available at: https://cpms- cid.wb.gov.in/portal/cybercrime/social-media- crimes.html#:~:text=The%20most%20commonly%20reported%20and,when%20to% 20call%20the%20police. (Accessed: 18 November 2023).

[15] Social Media Crimes. Available at: https://cpms- cid.wb.gov.in/portal/cybercrime/social-media- crimes.html#:~:text=The%20most%20commonly%20reported%20and,when%20to% 20call%20the%20police. (Accessed: 18 November 2023).

[16] NANDAN KAMATH, LAW RELATING TO COMPUTERS INTERNET & E- COMMERCE 227 (5^th ed. 2012)

[17] Social Media Laws and its Implications (2023), Free Law, Available at: https://www.freelaw.in/legalarticles/Social-Media-Laws-and-its- Implications#:~:text=Social%20Media%20Laws%20are%20required,for%20protectin g%20the%20prohibited%20content. (Accessed: 18 November 2023).

[18] The Information Technology Act, Section 66-A, 2000

[19] The Information Technology Act, Section 69-A, 2000

[20] The Information Technology Act, Section 67-B, 2000

[21] Social Media Laws and its Implications (2023), Free Law, Available at: https://www.freelaw.in/legalarticles/Social-Media-Laws-and-its- Implications#:~:text=Social%20Media%20Laws%20are%20required,for%20protectin g

[29] India introduces stricter regulation for social media platforms (2023), dig. watch, Available at: https://dig.watch/updates/india-introduces-stricter-regulation-for-social-media

platforms#:~:text=The%20new%20rules%20stipulate%20that,unit’%20that%20governs%20these%20platforms

(Accessed: 18 November 2023).

[1] Ayushma Sharma, Bhopal Gas Tragedy Case Study, 30^th July 2019, https://blog.ipleaders.in/bhopal-gas-trag- edy-case-study-2/

[2] Business Standard, what was Bhopal Gas Tragedy, 3^rd may 2022, https://www.business-stand- ard.com/about/what-is-bhopal-gas-tragedy

[3] Rishikha Singh, Bhopal Gas Tragedy after 38 years: Why the govt is demanding compensation now, 3^rd De- cember 2022, 4:20 IST, https://indianexpress.com/article/explained/bhopal-gas-tragedy-1984-explained- 8303103/

[4] Edward Broughton, The Bhopal disaster and its aftermath: a review, 10^th May 2005, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1142333/=

[5] NDTV correspondent, Bhopal disaster: The ignored Warnings, 14^th June 2010, 6:54 IST, https://www.ndtv.com/india-news/bhopal-disaster-the-ignored-warnings-420495

[6] Edward Broughton, The Bhopal disaster and its aftermath: review, 10^th May 2005, https://ehjournal.bio- medcentral.com/articles/10.1186/1476-069X-4-6#:~:text=On%20Decem- ber%203%201984%2C%20more,death%20for%20many%20thousands%20more.

[7] Byjus, Bhopal Gas Tragedy – [December 2, 1984] This day in History, https://www.ncbi.nlm.nih.gov/pmc/arti- cles/PMC1142333/

[8] Greenpeace, 37 years after Bhopal Gas tragedy, 2^nd December 2021, https://www.greenpeace.org/in- dia/en/story/12546/37-years-after-bhopal-gas-tragedy/

[9] Anup Dutta, Bhopal gas tragedy victims face agonising neglect even after 37 years, 3^rd December 2021, 16:29 IST, https://www.thehindu.com/news/national/other-states/tributes-protest-mark-37th-anniversary-of-bhopal- gas-tragedy/article37822244.ece

[10] Priyankha das Gupta, Bhopal Gas Tragedy: Consequences, Aftermath and Conviction, 14^th June 2014, https://currentaffairs.adda247.com/bhopal-gas-tragedy

[11] Divya Trivedi, Bhopal gas tragedy victims were used as guinea pigs for COVID vaccine trials, 12^th February 2021, https://frontline.thehindu.com/the-nation/bhopal-gas-tragedy-victims-used-for-covaxin-trial-illegal/arti- cle33641560.ece

[12] Ashutosh Shukla, 37 years on, Bhopal gas tragedy victims and accused wait for justice, 17^th October 2021, 13:36 IST, https://timesofindia.indiatimes.com/city/bhopal/37-years-on-bhopal-gas-tragedy-victims-and-ac- cused-wait-for-justice/articleshow/87079943.cms

[13] Pradyumna K Mishra, Ravindra M Samarth, Neelam Pathak, Subodh K Jain, Smita Banerjee, Kewal K Maudar, Bhopal Gas Tragedy: review of clinical and experimental findings after 25 years, 19th March 2009, https://pubmed.ncbi.nlm.nih.gov/19819

[14] S. Muralidhar, UNSETTLING TRUTHS, UNTOLD TALES, 17^th January 2004, https://www.ielrc.org/con- tent/w0405.pdf

[15] Union Carbide Cooperation, Union Carbide's Response Efforts to the Tragedy and the Settlement, Union Car- bide's Response Efforts to the Tragedy and the Settlement

[16] Business & Human rights Centre, Union Carbide/Dow lawsuit (re Bhopal, filed in India), 11st April 2010, https://www.business-humanrights.org/en/latest-news/union-carbidedow-lawsuit-re-bhopal/

[17] Deepikanuals, Legal Aspects of the Bhopal Gas Tragedy, 28th May 2019, http://www.legalservice- sindia.com/article/373/Legal-Aspects-of-the-Bhopal-Gas-Tragedy.html#:~:text=The%20proceed- ings%20were%20initiated%20under,and%20personal%20safety%20of%20others.

[18] Y K Tyagi, A Rosencranz, Some international law aspects of the Bhopal disaster, 23rd August 2020, https://pubmed.ncbi.nlm.nih.gov/3059509/

[19] Dr. Rhyddhi Chakraborty, Case Study: Bhopal Gas Tragedy (1983-84), 4th September 2018, 17:34 IST, https://ethicalengineer.ttu.edu/studies/case-study-bhopal-gas-tragedy

[20] Sreekanth Khandkar & Suman Dubey, From the India Today archives (1984) | Bhopal gas tragedy: Will the wounds ever heal?, 6^th December 2022, 19:12 IST, https://www.indiatoday.in/india-today-insight/story/from- the-india-today-archives-1984-bhopal-gas-tragedy-will-the-wounds-ever-heal-2306048-2022-12-06

[21] Britannica, Bhopal disaster, 26^th November 2022, https://www.britannica.com/event/Bhopal-disaster

[22] Arpithaupendra, THE LEGAL AND MORAL IMPLICATIONS OF THE BHOPAL GAS TRAGEDY, 14th

May 2014, https://twoeyesmakeonesight.wordpress.com/2012/05/14/the-legal-and-moral-implications-of-the- bhopal-gas-tragedy/

[23] Dr. Nakka Sai Bhaskar Reddy, Bhopal Gas Tragedy – 20 years after, 6th February 2011, 19:06 IST 25 Bridget Hanna, Bhopal: Unending Disaster, Enduring Resistance, 17^th April 2007, https://scholar.har- vard.edu/files/bridgethanna/files/Unending_Disaster.pdf

[24] Heba Ali, Concept of Absolute Liability, 14^th May 2019, https://blog.ipleaders.in/concept-absolute-liability/

[25] https://indiankanoon.org/doc/409589/#:~:text=%E2%80%94Whoever%20commits%20culpable%20homi-

cide%20not,causing%20death%2C%20or%20of%20causing

[26] https://indiankanoon.org/doc/24023684/#:~:text=(1)%20Whoever%20fails%20to%20comply,may%20ex-

tend %20to%20one%20lakh

[1] 65B. Admissibility of electronic records. —

(1)Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: —

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

(a) by a combination of computers operating over that period; or

(b) by different computers operating in succession over that period; or

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, —

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section: -

(a) infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;

(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation. — For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.

[2] TOMASO BRUNO & ANR. V. STATE OF UTTAR PRADESH

The present case dealt with the death of a foreigner who came along with other foreigners, being charged for his murder but were acquitted as the CCTV footages being the best evidence were not shown which could have easily proven the guilt of the accused persons, instead of beating around the bush on the prosecution side

The judgment delivered in Tomaso Bruno case degraded the position of law with respect to the admissibility of secondary electronic evidence and this brings a direct conflict between this case and the Anvar P.V.

case

[3] Ins by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).

[4] Subs by Act 10 of 2009, s. 52(e), for “digital signature” (w.e.f. 27-10-2009).

[5] Ins by Act 21 of 2000, s. 92 and the second Schedule (w.e.f. 17-10-2000).

[6] Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000). ⁷ Subs. by Act 10 of 2009, s. 52, for Digital Signature (w.e.f. 27.10.2009).

[8] Paul Roberts, Adrian Zuckerman, (2004). Criminal evidence. Oxford Univ. Press.

[9] Prashant Mali, Electronic Evidence/Digital Evidence & Cyber law in India,

[10] May, Richard, and Steven Powles. 2007. Criminal evidence. London: Thomson/Sweet & Maxwell

[11] Largent v. Reed 24, the plaintiff claimed that a recent accident had made her life rather complicated, despite the defendant producing Facebook posts and images of the event that proved she had gone to the gym and was in a good mood while going about her daily activities. She was ordered to provide the court with her Facebook login information so that it can conduct additional research on the issue.

[12] the Honorable Supreme Court has expressed opposing opinions over how to read Section 65B. It was made clear what section 65B included in the case of Arjun v. Kailash

[13] The Supreme Court's earlier decisions, Anvar P V v. P K Basheer[hereinafter referred to as Anvar v. Basheer], Shahfi Mohammad v. State of Himachal Pradesh [hereinafter referred to as Shahfi Mohammad Case], and Tomaso Bruno v. State of Uttar Pradesh [hereinafter referred to as Tomaso Bruno Case] [hereinafter referred to as Tomaso Bruno Case.

[14] The Hon'ble Supreme Court in the Tomaso Bruno Case didn't refer to the earlier judgment of Anvar v

Basheer and held that "section 65B was not a complete code". The view taken by the Supreme Court in the Shahfi Mohammad Case created more confusion on the issue whether the requirement of a certificate under 65B (4) is mandatory or not.

[2] A.K. Gopalan v. Madras, AIR 1950 SC 27.

[4] For instance, Raja Narayanlal Bansilal v. Mistry, AIR 1961 SC 29; RC Mehta v. West Bengal, AIR 1970 SO 940.

[5] Satish v. Sharma, AIR 1954 SC 300; Mohd Dastagir v. Madras, AIR 1960 SC 756.

[6] State of Bombay v. Kathi Kaiu Oghad, AIR 1961 SC 1801.

[8] Mohd. Dastagir v State of Madras, AIR 1960 SC 756.

[11] Information given to the Rajya Sabha by the Minister for Home Affairs, Amrit Bazar Patrika, Calcutta, dated July 22, 1982.

[13] See Baxi, The Crisis of the Indian Legal System 227-28 (1982).

[14] AIR 1979 SC 1360 at 1369, 1377, and 1819. Also Kadra Pahadiya v. Bihar, AIR 1982 SCU 67.

[15] The Rule of Law and Human Rights 29 (1966).

[20] See the statement of the Minister of Home Affairs in Rajya Sabha on July 19, 1982, 123 Rajya Sabha Report 219.

[21] R.V. Kelkar, "Law of Arrest: Problems and Incongruities," 22 JILI 314, 316 (1980). Also D.C. Pandey,-Search for an Action Against Illegal Arrest", ibid, at 328.

[23] Life Behind Bar, Times of India, dated May 23,24 and 25, 1983

[24] Kumkum Chadha, The Indian Jail 9-10 (1983).

[1] M/S Satyam Computer Services vs. Directorate of Enforcement 2018 Writ Petition No 37487 of 2012.

[2] Madan Lal Bhasin, ‘Corporate Accounting Fraud: A Case Study of Satyam Computers Limited’ [2013] OJA 26.

[3] Varottil Umakanth, ‘Evolution and Effectiveness of Independent Directors in Indian Corporate Governance’ Hastings Business Law Journal, Vol. 6, No. 2, p. 281

[4] ArjyaMajumdar, ‘Class action suit – Genesis, Analysis and Comparison’ [2014] HNLUJ 23

[17] (Chapter XVI of the Companies Act, which deals with "Prevention of Oppression and Mismanagement").

[20] The Journal of Consumer Affairs Vol. 5. No.2 (Winter 1971),

pp. 140-153

Published By: Wiley

[21] The Supreme Court Review Vol. 1999 (1999), pp. 337-392

Published by : The University of Chicago Press.

[22] Public Choice

Vol. 41, No. 1 (1983), pp. 145-175

Published by Springer

[23] Harvard Law Review

Vol. 115, No. 3 (Jan., 2002), pp. 831-897 (67 pages)

Published by – Harvard Law Review Association.

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