With the proliferation of web-based technology and the benefits it brings the concept of cybercrime has also increased in number. In India, the law which regulates the crimes connected to these criminal acts is known as the Information Technology Act, of 2000, which was further changed to become the IT Amendment Act, in 2008.
Hacking has become a common occurrence nowadays and cybercrime within India is growing exponentially. Many government websites were hacked, and are still insecure. The most frequent and commonly reported cyber-crimes targeting women are pornography, cyberstalking and morphing, online harassment and defamatory or irritating messages trolling or bullying, blackmailing, threats, intimidating, email-spoofing, and impersonation. So, it’s important to be aware of when and when to report cyber crimes and what preventative actions you can take to prevent it.
What is Cybercrime?
In simple words, cyber crimes in India are illegal criminal acts that are committed with the aid of technology. There’s no precise definition of cyber crime, however if they carried out any criminal or illegal activity using computers as the principal means of execution, it’s an act of white-collar criminality.
Cyber cell services are present in every state and are ready to handle cyber-related concerns in India.
The number of complaints of cyber-related crimes on the internet or offline has been increasing in India. Therefore, cyber cell police or cyber police have been able to identify various kinds of cyber crimes.
Types of Cyber Crimes in India:
According to the law on cybercrime in India, various types of cyber-related crimes have been recognized.
- Hacking – It is among the most prevalent kinds of cybercrime in India. If someone hacks into a computer of another in order to access an individual’s private and sensitive data, like bank information and email accounts, for example. Since everything is now digital, that increases the possibility of hackers gaining access to your information.
- Cyber Stalking – After hacking, the vast majority of cyber-crime online concerns or cell-related complaints are related to cyber-stalking. This is the crime of harassment online on the internet and is usually directed at women. It is similar to offline stalking just done online.
- Online Theft – Criminals gain access to the information that is associated with the victims’ personal accounts at the bank or credit card, debit cards, and other private information on the internet.
- Cyber Bullying – When the internet, mobiles or social networks are used for harassing, defaming, intimidating or harassing a person.
- Cyber Terrorism – If someone is threatened with extortion, or anything similar, it’s the crime of cyber terrorists.
- Child soliciting and abuse – If a child is contacted via the internet with the purpose of creating child pornography.
Phishing, software piracy, and denial of service attacks (DOS) are just a few different cyber-crime cases from India which you can read stories about.
How to register a Cyber Crime Complaint?
The crime investigation team has set up many cybercrime units in various cities in India and taking care of the investigations and reports of cybercrime. At present, all towns in India have a designated criminal cell for cybercrime. You can file a case whenever you want to the cyber-police or the criminal investigation department in person or online. In order to punish cyber-related crimes, the first and most important first step is to make a complaint against the perpetrator. You must make a formal complaint to the cybercrime division in any jurisdiction. In your written complaint, you must include your name, contact information, and address for mailing. It is important to address your letter to the head of the Cyber Crime Cell in the city where you filed your cybercrime report.
In accordance with the IT Act, a cyber crime is a matter that falls within the scope of international jurisdiction, which means that a cyber-related crime complaint may be filed with any cyber cell india, irrespective of the place where it was originally committed or the place where the victim is currently residing/ staying.
How to report an FIR for a Cyber Crime?
If you don’t have access to one of the cyber-based cells in India, You can submit a First Information Report (FIR) at your nearby police station. If your complaint isn’t accepted, then you should approach the city’s Commissioner or Judicial Magistrate.
Certain cybercrime offenses fall under the IPC. You can register a cyber crime FIR at the nearest local police station to report them. It is mandatory under Section 154 of CrPC, for every police officer to record the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed.
How to file a Cyber Crime Complaint online?
The online portal where a victim can file a cyber crime complaint is https://cyber crime.gov.in/Accept.aspx, an initiative of the Government of India that caters to complaints pertaining to online Child Pornography (CP), Child Sexual Abuse Material (CSAM) or sexually explicit content such as Rape/Gang Rape (CP/RGR) content and other cyber crimes such as social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, and online cyber trafficking. It also gives users the option to report anonymously about the reporting of Child Pornography (CP) or sexually explicit content, such as Rape/Gang Rape (RGR) content. You can follow the steps below to report cyber crimes online.
STEP 1: Go to https://cyber crime.gov.in/Accept.aspx
STEP 2: Click on ‘Report other cyber crimes’ on the menu.
STEP 3: Click on ‘File a Complaint’.
STEP 4: Read the conditions and accept them.
STEP 5: Register your mobile number and fill in your name and State.
STEP 6: Fill in the relevant details about the offense.
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What is the Divorce Procedure and Divorce Types in India?
The divorce procedure in India begins with the filing of the divorce petition and ends with the final order of the divorce. The procedure of divorce is divided into six stages, which include filing of the petition, service of summons, response, trial, interim orders and final order.
A dissolution of marriage can be done through a petition in a court of law. When a court passes a divorce decree, it brings an end to the marriage. Along with the separation of husband and wife, it involves the division of property, assets, and custody of the child.
Types of divorce under Hindu law :-
Mutual divorce: Section 13-B is the part of the Hindu Marriage Act that governs mutual divorce. The name suggests that in mutual divorce, both of the parties are still married. The husband and wife express their consent for a peaceful separation. There are issues relating to alimony and child custody that have to be decided by the husband and wife. There are two prerequisites for filing a divorce with mutual consent One is mutual consent. The second is that they need to be living separately for at least one year.
Contested Divorce: A contested divorce is a divorce that is initiated by either spouse. Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a divorce, some of which are cruel, unsound mind, communicable disease or a partner who has not had a common occurrence for over seven years.
Irretrievable breakdown of marriage :-
Irretrievable breakdown of marriage means that the spouses are unable to live happily together. It is called irretrievable breakdown of the marriage when the relationship reaches an extent where it is impossible to repair the marriage. There is no affection between the husband and the wife, the couple are living separately, there are frequent quarrels, or one of the spouses is having an extramarital affair, which leads to the breakdown of the marriage.
There is no codified law that provides for the irretrievable breakdown of marriage as a ground for divorce at the moment. It is different from mutual consent divorce as it does not depend on the will of the parties but is looked at by the court as to whether the marriage can be saved or not based on facts and evidence.
The grounds for obtaining a contested divorce
Section 13 of the Hindu Marriage Act explains what grounds can be used to get a divorce.
- Adultery- It is a criminal offense for either of the spouses to have sexual relations with someone outside the marriage.
- Cruelty- Willful acts can cause danger to the body, limb, life or to the mental health. Causing pain, abusing, torturing mentally or physically is what it can include.
- Desertion- Desertion is when a husband leaves his wife for another woman without any intentions of coming back. You shouldn’t have to wait more than two years before leaving your partner.
- Religion Conversion- It can be considered as a ground for divorce in a Hindu marriage if either of the spouses ceases to be a Hindu.
- Mental Disorder- Unsoundness of mind, mental illness or mental disorder which makes the person abnormally aggressive.
- Spouse not heard of- Either a husband or wife who doesn’t hear from his / her spouse for more than seven years can be considered as grounds for divorce.
There are 3 other grounds for divorce which are only available to the wife :
- Husband has been guilty of rape
- The wife was married in urderage (before the age of 15)
- The wife and husband have not been living together for more than one year
Real Estate (Regulation & Development) Act, 2016
The real estate industry, which was for so long afflicted by a lack of transparency and regulatory structures, has been revived through the passing of the RERA Act. It is expected to boost confidence in investors and increase the growth of the industry. This will also ensure that the fraudulent designs of developers and builders who have ill intentions do not deceive the buyer who is gullible. This article offers an in-depth analysis of law.
What is RERA?
RERA, or the Real Estate (Regulation and Development) Act, 2016 is a law aimed at protecting homeowners’ rights and creating an environment of fairness and transparency within. The Act eliminates the flaws of the current regime and replaces it with a new one that clarifies the rights of homeowners and the guidelines and rules that developers must follow. Additionally, the RERA defines the norms that govern the construction of real estate-related projects which aim to bring more transparency and accountability to the process. Furthermore, it is also stated that the RERA stipulates the establishment of a Real Estate Regulatory Authority and an Appellate Authority in every state to handle complaints from purchasers and investors in real estate should the developer is found to have committed a wrong.
Impact of RERA
RERA has streamlined the advances granted by banks and financial institutions by allowing loans only to legitimate buyers by requiring registration. The registration process can only be granted after the filing of the required documentation and approvals. This is now in use in a majority of states and is becoming the standard for the management of the real estate in the entire country. This has led to rules that protect buyers and investors and thus aid in the growth of the real estate industry, by attracting more investors.
Benefits to Buyers under RERA:
- In the first place, it is the RERA Act and allied rules that stop promoters and builders from taking consumers for a ride, by ensuring prompt completion of projects.
- The Act helps in bringing transparency by preventing any buyer from being in the dark. It also limits the potential for the indirect accumulation of black money.
- “Agreement for Sale Rules” has put an end to the unilateral contract and market exploitation of buyers.
- The Real Estate Regulatory Authority and the Appellate Tribunals help facilitate the speedier efficient, more effective, and quicker resolution of disputes related to the real estate market.
- The Act also provides equity to operations.
- The Act has clarified “carpet area” objectively, so there are no different standards used for carpet area calculation among different builders.
- The Act ensures that people who invest have access to information about the projects they’re considering investing in.
- The same interest rate for a delay has been introduced to equalize the consequences of delays in payment made by the buyer and the consequences for builders who cannot finish the project on time.
- The Act requires the promoter or the builder to establish an account in an escrow account for each project. In addition, the funds from each project are kept in the escrow account for that project which prevents the loss of funds
- Making false promises in the form of defective titles, faulty promises, and poor quality projects was stopped by the introduction of this Act because it offers compensatory and countermeasures needed to deal with the above situations.
- Additionally, the establishment of a state Authority to resolve grievances favors consumers by providing a forum that can provide a specific resolution to grievances instead of general relief that is not specific as provided through the Consumer Disputes Redressal Forum.
Benefits to Developers under RERA:
- The Act is a way to encourage genuine developers, providing greater security for professional businesspeople who are well-intentioned in the field.•
- As we have mentioned before, The Act introduces accountability and transparency into the mix.
- The Act increases confidence in investors, resulting in more investments flowing into the industry. It also increases the opportunities for foreign investments (FDI, ECB) in the real estate market.
A step-by-step guide to file RERA complaint:
STEP 1: Visit the State’s official website and file the complaint on the said portal’s complaint registration page. One can easily find the link to the same.
STEP 2: The said link leads to the complaint form, where all the relevant details including Name, Address, Contact details, and Project details need to be filled up with supporting documents.
STEP 3: Finally, after the filling of the form, the complainant can pay the complaint registration fee and complete the process. The said complaint will be taken up by the respective authority.
It is essential that buyer is aware of their rights prior to purchasing their homes. They must be provided with more information than they did prior to introducing the Act. Buyers or owners dissatisfied with the actions of the agents or promoters can easily contact the authorities in real estate to get a swift and effective resolution of their disputes. It is anticipated that these disputes will be resolved slowly.
Since you see that the RERA Act is fairly new legislation, it is essential to be aware of the array of rights that you can specifically claim. It is also crucial to connect with the top attorneys in the field to help you assert your rights under RERA. My Advo can aid you with this issue.
