INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

IS MARRIAGE A LICENSE TO RAPE?: A CRITICAL ANALYSIS OF THE NEED FOR CRIMINALISATION OF MARITAL RAPE IN INDIA BY - HARICHARAN V & SUJITHA V

Authors : HARICHARAN V & SUJITHA V

Registration ID : 106321 Published Paper ID: IJLRA6321 & IJLRA6322

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

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

Email Id : vharicharan7@gmail.com & sujithavijayanand@gmail.com

Page No : 14 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/11.2023-75739663/IS MARRIAGE A LICENSE TO RAPE?: A CRITICAL ANALYSI

CYBER SECURITY IN INDIA: CURRENT STATUS AND FUTURE PROSPECTS BY: SOUMYADEEP SARDAR

Authors : SOUMYADEEP SARDAR

Registration ID : 106320 Published Paper ID: IJLRA6320

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

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

Email Id : samplayz597@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/11.2023-73981512/CYBER SECURITY IN INDIA: CURRENT STATUS AND FUTURE

PROTECTION OF FARMERS RIGHTS, PLANT VARIETIES IN INDIA AND ITS IMPACT WITH REFERENCE TO THE GENETICALLY MODIFIED PLANTS: A LEGAL ANALYSIS BY - BHAGIRATHI H & KAVYASHREE AP

Authors : BHAGIRATHI H & KAVYASHREE AP

Registration ID : 106318 Published Paper ID: IJLRA6318 & IJLRA6319

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

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

Email Id : bhagirathihariharan3469@gmail.com & kavyashreeap1203@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/11.2023-69949115/PROTECTION OF FARMERS RIGHTS, PLANT VARIETIES IN I

ROLE OF ARTIFICIAL INTELLIGENCE IN CYBER SECURITY AND TO CURB CYBER CRIMES IN INDIA BY - TEJAL MILIND GUJAR

Authors : TEJAL MILIND GUJAR

Registration ID : 106317 Published Paper ID: IJLRA6317

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

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

Email Id : tejalgujar98@gmail.com

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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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Doi Link : https://www.doi-ds.org/doilink/11.2023-38164855/MANIFESTATIONS OF SOCIOPATHY IN FEMALES: AGGRESSIO

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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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

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

Email Id : Sharathkumar24276@gmail.com

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Doi Link : https://www.doi-ds.org/doilink/11.2023-91434381/AN ANALYSIS ON BHOPAL GAS TRAGEDY

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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Doi Link : https://www.doi-ds.org/doilink/11.2023-19633949/EVIDENTIARY VALUE OF ELECTRONIC EVIDENCE UNDER IND

International journal for legal research and analysis

Abbreviation:IJLRA

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^{^[2]} The Indian Penal Code, 1860, Exception to s. 375.

^{^[3]} Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490

[7] Independent Thought v. Union of India, AIR 2017 SC 4904.

^{^[9]} Kharak Singh v. State of UP, AIR 1963 SC 1295.

^{^[10]} Chandrima Das v. The Chairman, Railway Board, (2000) 4 SCC 75.

^{^[11]} C.E.S.C. Ltd. V. Subash Chandra, (1992) 1 SCC 441.

^{^[14]} Madhukar Narayan v. State of Maharashtra, AIR 1991 SC 207.

^{^[18]} Protection of Women from Domestic Violence Act, 2005.

^{^[19]} Rafiq v. State of Uttar Pradesh, 1980 Cr. L.J. 1344 SC.

[1] https://www.pwc.com/id/en/pwc-publications/services-publications/legal-publications/a-comparison-of-cybersecurity-regulations/india.html

[2] https://www.upguard.com/blog/cybersecurity-regulations-india

[3] https://fieldeffect.com/blog/what-is-the-future-of-cyber-security

[4] https://www.cyberralegalservices.com/detail-casestudies.php

[5] https://www.mha.gov.in/en/division_of_mha/cyber-and-information-security-cis-division/Details-about-Indian-Cybercrime-Coordination-Centre-I4C-Scheme

[6] Jamiepighin. (2003). Transgenic crops: How genetics is providing new ways to envision agriculture. The Science Creative Quarterly. 08.20.2006, Textbook, http://www.scq.ubc.ca/ transgenic-crops-how-genetics-is-providing-new-ways-to-envision-agriculture/

[7] THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001, § 2, Gazette of India Extraordinary, Part II, sec. 3(ii) ( 19th October, 2006)

[9] The Patents Act, 1970, § 3 ( http://www.ipindia.gov.in)

[11] Section 3(j) of the Patents Act reads as: “3. What are not inventions.—The following are not inventions within the meaning of this Act,—….(j) plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;…..”

[12] Malathi Lakshmikumaran, Genetically Modified Plants: The IP and Regulatory Concerns in India, , Innovation, Economic Development, and Intellectual Property in India and China( e book) , pg 368, ISBN 978-981-13-8102-7.

[13] Monsanto Technology LLC and Ors. vs. Nuziveedu Seeds Ltd. and Ors. (08.01.2019 SC) (MANU/SC/0027/2019)

[1] Selma Dilek, Hüseyin Çak?r and Mustafa Ayd?n,” Applications of Artificial Intelligence Techniques to Combating Cyber Crimes: A Review”, International Journal of Artificial Intelligence & Applications (IJAIA), Vol. 6, January 2015

[2] Selma Dilek, Hüseyin Çak?r and Mustafa Ayd?n, ”Applications of Artificial Intelligence Techniques to Combating Cyber Crimes: A Review”, International Journal of Artificial Intelligence & Applications (IJAIA), Vol. 6, January 2015

[3] Manveer Kaur, Sheveta Vashisht, Kumar Saurabhi, “Adaptive Algorithm for Cyber Crime Detection”, International Journal of Computer Science and Information Technologies (IJCSIT), Vol. 3 (3), 4381 – 4384, 2012

[4] Jheel Somaiya, Dhaval Sanghavi, Chetashri Bhadane, ”A Survey: Web based Cyber Crimes and Prevention Techniques”, International Journal of Computer Applications (0975 – 8887), Volume 105, November 2014

[5] Halder, D. Jaishankar, K, ”Cyber crime and the Victimization of Women: Laws, Rights, and Regulations”. Hershey, PA, USA: IGI Global. ISBN 978-1-60960-830-9

[6] Vineet Kandpal and R. K. Singh, ”Latest Face of Cybercrime and Its Prevention In India”, International Journal of Basic and Applied Sciences, Vol. 2, Pp. 150- 156, 2013

[7]Advocate,VivekTripathi,”InternetCrime”,www.cyberlawsindia.net,Available:http://www.cyberlawsindia.net/internet-crime.html

[8] T N Shankar, Neural Networks, LAXMI Publications Pvt.Ltd, 2008

[9]J. S. Russell, P. Norvig, Artificial Intelligence: A Modern Approach, Upper Saddle River, Prentice Hall, New Jersey, USA, 2003

[10] G. Luger, W. Stubblefield, Artificial Intelligence: Structures and Strategies for Complex Problem Solving, Addison Wesley, 2004

[11] Jacques Ferber, Multi-Agent System: An Introduction to Distributed Artificial Intelligence, Harlow: Addison Wesley Longman, 1999

[12] UKCI, “Workshop on Computational Intelligence”, ukci.cs.manchester.ac.uk, Avaliable: http://ukci.cs.manchester.ac.uk/intro.html

[13] N. A. Alrajeh and J. Lloret,” Intrusion Detection Systems Based on Artificial Intelligence Techniques in Wireless Sensor Networks,” International Journal of Distributed Sensor Networks, Vol.2013, Article ID 351047.

[14] https://en.wikipedia.org/wiki/Intrusion_detection_system

[15] Gang Wang, Jinxing Hao, Jian Ma, and Lihua Huang, ”A new approach to intrusion detection using Artificial Neural Networks and fuzzy clustering”, Elsevier Ltd 2010

[16] E. Tyugu, ”Artificial intelligence in cyber defense”, In Proceedings of the 3rd International Congress on Cyber Conflict (ICCC), pp. 1–11,2011.

[17] Ankur Modi & Arunabh Chattopadhyay, Threat Intelligence in India: An Overview, 18 Int'l J. Comp. Applications 14 (2018).

[18] S. Dilek, Hak?r and M. Ayd?n,"Applications Of Artificial Intelligence Techniques To Combating Cyber Crimes: A Review", International Journal of Artificial Intelligence & Applications (IJAIA), vol. 6, no. 1, 2015.

[19]Muhammad Adnan Hashmi, Abubakr Muhammad, and Syed Muhammad Ali Abbas, "Artificial Intelligence Techniques for Cybersecurity: An Overview of Use Cases," IEEE Access, vol. 8, 2020, pp. 192267-192281.

[20] S. Singh and S. Silakari, "A Survey of Cyber Attack Detection Systems", IJCSNS International Journal of Computer Science and Network Security, vol. 9, no. 5, 2009.

[22] https://www.niti.gov.in/sites/default/files/2023-03/National-Strategy-for-Artificial-Intelligence.pdf

[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.

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