Guidance Note On Preparation And Response To A Data Breach

An increased reliance on technology and the ubiquity of data storage online has led to businesses being increasingly vulnerable to the threat of cyber-attacks. The onset of the pandemic coupled with a shift towards remote work has exacerbated this vulnerability and led to a significant increase in the frequency and severity of data breaches. Businesses frequently find themselves victim to data breaches perpetrated by malicious external actors, employees with insider access, or the...

Suggestions To Curb The Menace Of Custodial Violence And Brutality: Targeting The Ill-Conceived Notion Of 'My Area, My Custody, And My Law'

The Rule of Law amiss the police lock-ups in our country, when stories of brutal custodial violence and torture by police (latin term 'politia') officials, slip through the walls of secrecy to shake the conscience of the common man, bringing to a disbelief that right to life is anywhere found vital in our democracy, with such gloomy state of affairs. Constitutional principles, statutory laws and all safeguards find a failure to protect the fundamental and basic right i.e. dignity of life,...

Advocates' Welfare Fund – Is There A Need To Have A True Self-Adhesive (Self-Sticking) Stamp In Delhi?

"He who has health has hope; he who has hope has everything"- Arabian proverb. The Delhi's culture of litigation has one thing common for the learned advocates to have experienced regularly, and yes, for the others too, including the court clerks, and that is the Advocates' Welfare Fund stamp, which is being pasted on the Vakalatnama for its admissibility in the court of law. Traditionally and in fact now also, without any substantial exceptions but with few aberrations, and during ever...

Right To Information: Necessary Checks And Balances Of The Public Private Partnership Model

What is a Public Private Partnership Model? Public-Private Partnership Model or the PPP model is an arrangement between government and private sector for the provision of public assets and/or public services in which private organizations participate in decision making and production of the goods and services that has been provided by the public sector and in which the private sector shares the risks. Public-private partnerships allow large-scale government projects, such as roads, ...

My Lord, It's not about 'Your Honour'!

"You cannot force someone to respect you, but you can refuse to be disrespected", a quote, though by someone unknown, truly encapsulates the natural principle of human tendencies, which, in all circumstances, cannot be so regulated through rules and procedures, as the subjects are products of emotions largely, than of logic. The fluid nature and fine line of distinguishable difference between respect and disrespect, tends to define the relations in personal and professional space, and is...

Doorstep Delivery Of Certified Copies From Delhi District Courts: Whether An Experience Of Reality Or Aberration?

The adjournments, for whatever reason(s), have been an Achilles' heel for the litigant, if not alone for the justice system. The sense of seriousness towards the menace adjournments create, although subtly and in a tolerant manner in the system, gets pinching attention, when the like treatment is meted out to the litigant and the counsels, with repeated dates by the copying agency, for getting the certified copies of the judicial records. The system and its functionaries, may have ...

The Development Of Corporate Criminal Liability In India

The attribution of criminal liability to corporations has been a contentious subject since the eighteenth century, when they became more ubiquitous. Legal systems across the globe have since adopted various approaches to locate a balance between ensuring that public interest is adequately protected and that the regulatory environment is favourable for trade and commerce.Classically, criminal liabilities were only seen to be attributed to quasi-public corporations when there were claims of...

Denial Of Voting Rights To Undertrial Prisoners: An Unreasonable And Unjust Disqualification

When discussing the definition of democracy, Abraham Lincoln's words come to mind. He defined democracy as "Government of the people, by the people, for the people." This definition of democracy by former U.S. President speaks volumes and captures the essential feature of democracy – People or Citizens. One of the most important features of a democracy is its focus on active participation of the people as citizens in the political and civic life. In a democracy, people have the...

Sweeping Reforms To India's Securities Regulations

Late last month, the Securities & Exchange Board of India (SEBI) took several key decisions in its board meeting, including: the introduction of a gold exchange framework;the establishment of a social stock exchange;stricter norms for related party transactions; andrelaxed criteria for delisting and superior voting rights framework. This update discussed the key changes and analyses their impact on India's securities market. Framework for a gold exchange In an attempt...

An Alternative To Section 66A Of The Information Technology Act, 2000: Revisiting Shreya Singhal Case

In the 21st century, the Internet has become a facet of this modern era. Marking the century as the commencement of the digital world and the digital revolution. Concerning the steps taken by the Indian government to digitize probably everything, we have reached a stage where 'Online World' has become a part of our daily life. A considerable amount of time is spent by most of the people online. This has also let us evolve with various legislations to deal with crimes of the Cyberworld...

Prepaid Payment Instruments – The Future Of Online Payments

Numerous technological innovations, revolutionary progress in Fintech and the ever-growing use of Prepaid Payment Instruments ("PPIs") has led to regular amendments in the Master Directions on issuance and Operation of Prepaid Payment Instruments[1] ("Previous Master Directions"). Therefore, Reserve Bank of India ("RBI") has now issued a consolidated master directions on PPIs on August 27, 2021[2] ("New Master Directions"). Certain new changes have also been made in the New Master...

Emergency Arbitration In India – Concept And Beginning

In the gamut of a sound and systematized International Arbitration, an emergency relief is often described as an "Achille's Heel"[1]. Emergency Arbitration (EA) in the guise of an emergency relief is an upcoming concept in the field of arbitration suitable for those who want to protect their assets and evidence that might otherwise be altered or lost. Such arbitration is usually agreed to and arranged by the parties themselves without recourse to a Tribunal at the first instance. The...