MEDIA LAWS & ETHICS

Unit 1
Introduction

Press Laws:
A free press is very important and essential for the effective functioning of a
democracy. A free press has also been described as the oxygen of democracy; one
cannot survive without the other. Our actual experience since Independence, and
especially in the last decade or so, also suggests that a free and vigilant Press is
vital to restrain corruption and injustice at least to the extent that public opinion can
be roused as a result of press investigations and comments.
The press serves as a powerful antidote to any abuse of power by government
officials and as a means for keeping the elected officials responsible to the people
whom they were elected to serve. The democratic credentials of a state are judged
today by the extent of the freedom press enjoys in that state. At this present
juncture of time, as we approached the sixth decade of our freedom, it is essential
to keep in mind, the pertinence of freedom of press, which is regarded as the fourth
pillar of democracy.
A further dimensions to the freedom of expression is added by the existence of
mass society in which communication among citizen can take place only through
the use of media like the Press and broadcasting and not directly which prevails
both technical and in the Indian context, financial, the importance of the Press is
even more crucial.
History of Freedom of Press in India
The beginnings of the struggle for free speech in India date back to 18th century
British India. The history of the freedom of press in India is inseparable from the
history of the nationalist movement. The nationalist movement for a free India was
fought with repression of the freedom of speech and expression through a series of
legislations aimed at stifling the possibility of a consolidated outery against colonial
subjugation. That the press played an invaluable role in generating political
consciousness is evident from the fact that the British government found it
necessary to introduce repressive enactments from time to time neutralise the
power of the print medium.

National objectives
Freedom of Press: Constitutional Perspective
Where it is left to me to decide whether we should have a government without
newspapers, or newspapers without a government, I should not hesitate a moment
to prefer the latter.
1. The Preamble to the Indian Constitution resolves to secure for all the citizens of
India, liberty of thought, expression and belief.
2. From Article 19(1)(a) of the Indian Constitution, i.e. Freedom of Speech and
Expression, the media derives its rights.It is a fundamental right.3 Freedom of Press
is not specifically mentioned under the Indian Constitution, but it is included under
Article 19(1)(a) of Constitution of India. Article 19 (1)(a) of the Constitution from
which the media derives its rights guarantees to every citizen of India, Article 19(1)
(a) reads :
19. (1) All citizens shall have the right
(a) to freedom of speech and expression; The exceptions to the right guaranteed
under Article 19(1)(a) are contained in Article 19(2) which reads:
Nothing in sub clause (a) of Clause (1) shall affect the operation of any existing
law, or prevent the state from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said Sub-Clause
in the interests of the sovereignty and integrity of India, the security of the state,
friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence.
Freedom of Press and Legislative Privileges
Legislative Privilege
To enable legislators to effectively perform their functions, to discuss and debate
matters of importance without fear or favour, without hindrance or obstruction, the
Constitution confers special rights on Parliament and the State Legislatures.
Freedom of press and legislative privileges - conflict of :
The conflicts of freedom of press guaranteed under Art.19(1)(a) and the legislative
under Art.105 and Art.194 are unavoidable. ..
The Supreme Court M.S.M. Sharma v. Sri Krishna Sinha, held that under the scheme
of the Constitution of India, the legislature have the right and privilege to prohibit

absolutely the publication of the report of the debates and the proceedings in the
floors of the houses and the houses are competent to impose punishment for
breach of such privileges. Thus the freedom of speech and expression as contained
in Art. 19(1)(a) is subjected to Art.105(3) and Art.194(3) of the Constitution. The
privilege of Legislature prevails over the fundamental right to freedom of speech
and expression. The reports of the proceedings in newspapers are protected under
the Parliamentary Proceedings (Protection of Publication of Act. 1977.
The Parliament has the power to power to the publication of its proceedings and
prescribe punishment the resolution of the house of Parliament. In case of conflict
between the fundamental right to freedom of speech and expression and the
privilege of Legislature, the privilege of Legislature shall privilege the fundamental
fight freedom of speech and expression.
In case of any conflict between the privilege of the Parliament under Art.105(3) of
the Constitution and the freedom of speech and expression, the inconsistency has
to be resolved by harmonious construction of the provisions. Article 19(1)(a) being
general in nature must give away to the special provision under Art.105(3) of the
Constitution.
Recommendations for Ensuring Freedom of Press
1. Codification of Legislative Privileges
A complementary measure will be to insist upon the codification of legislative
privileges, with the proviso that where a breach of privilege is alleged, the
legislature should only be permitted to file a complaint, the decision regarding
whether contempt is proved and, if so, the punishment to be awarded is left to a
Court of Law. The idea that the legislature should itself be both the accuser and the
judge might have had a historical reason in England; but there is not reason for such
a fundamentally unjust approach to be accepted in our context.
2. The Main Goal - Growth with Freedom
What should never be overlooked when thinking of the Press in the Indian context is
that it is only a free Press which can help develop a body of citizens who are well
informed both regarding current events and also about the problems facing the
country; and the alternatives available for tackling them. It is only such a Press that
can enable a young democracy like India to survive, and also help its development

in a manner where social justice is ensured and the interests of the common people
served.
3. Importance of Constitutional Amendment
All the difficulties in the way of ensuring that the Press can have the maximum
freedom to carry out its function of collecting facts about different facets of national
life, analysing them and commenting upon them so as to keep the general body of
citizens in our young democracy well informed show that the Press requires some
special protection. Many authorities have held that the Right to Freedom of Speech
conferred by Article 19(1) of the Constitution is adequate to protect the freedom of
the Press. Further, due regard has to be given to the recommendations made by the
National Commission to Review the Working of the Constitution (NCRWC). They have
recommended the inclusion of Freedom of Press-media under Article 19(1)(a).
4. Press Needs To Improve
The inadequacies of the Indian Press need not be connived at. There is no doubt
that private business and those who control it, are treated by most newspapers with
kidgloves. This partly is because of the ownership of many newspapers and
therefore the philosophy of those who are appointed to senior journalistic positions.
It is seen that the editors and journalists cannot have adequate freedom of
collecting and disseminating facts and offering comments as they are under the
pressure of the capitalist owners. So, the pressure of the capitalist owners should be
minimized.
5. Positive Assistance To Independent Papers
At the same time, it is important that steps are taken positively to make it possible
for independent papers to survive and develop. Assistance to them should be
provided through general institutions meant to help the growth of independent
entrepreneurs, including small ones.
6. The State, should stop becoming the Main Threat
This resistance is necessary because experience all over the world, as well as our
own experience since Independence, suggest that the State remains the source of
the most potential threat to Press freedom.
Media and Social Responsibility: The Normative Argument
The normative view of the press argues that the conduct of the media has to take
into account public interests. The main public interest criterions that the media

need to consider include freedom of publication, plurality in media ownership,

diversity in information, culture and opinion, support for the democratic political
system, support for public order and security of the state, universal reach, quality of
information and culture disseminated to the public, respect for human rights and
avoiding harm to individuals and the society (McQuil, 2005).
The social responsibilities expected from media in the public sphere were deeply
grounded with the acceptance of media as the fourth estate, a term coined by
Edmund Burke in England. With the formation of the 1947 Commission on the
Freedom of the Press the social responsibility of media became a strong debating
point. It was formed in the wake of rampant commercialization and sensationalism
in the American press and its dangerous trend towards monopolistic practices. The
report of the Hutchins Commission, as it was called, was path breaking on its take
on social responsibility and the expected journalistic standards on the part of the
press. The theory of social responsibility which came out of this commission was
backed by certain principles which included media ownership is a public trust and
media has certain obligations to society; news media should be fair, objective,
relevant and truthful; there should be freedom of the press but there is also a need
for self regulation; it should adhere to the professional code of conduct and ethics
and government may have a role to play if under certain circumstances public
interest is hampered.
Media and Indian Democracy
The political system in India is close in spirit to the model of liberal democracy. In
the constitution of India the power of the legislature, executive and judiciary have
been thoroughly demarcated. The party system in operation is a competitive one
with flexibility of roles of government and opposition. There is also freedom of the
press, of criticism and of assembly (Pelinka 2003). Indian democracy has always
attracted attention worldwide and has made scholars to ponder over the secret of
its success amidst considerable odds. In India diversity is almost everywhere and it
is not a developed nation. The problems of poverty and inequality in distribution of
income have been constant irritants. Nevertheless, till today democracy has
survived in the country. The role of media in India, the largest democracy of the
world is different from merely disseminating information and entertainment.

Educating the masses for their social upliftment needs to be in its ambit as well. In a
country where there is large scale poverty, unemployment and underdevelopment
media has a responsibility towards developmental journalism. It has a role to play
behind formation of public opinion which can force the political parties to address
the core issues haunting the country's progress. However, public opinion can be
manipulated by vested interests to serve their own goals.
Media can conceal facts and project doctored ideas to influence the electorate and
thereby the voting outcome. Values like objectivity and truthfulness in presentation
of news and ideas can be totally done away with.

In

India

public

service

broadcasting

was

given

much

importance

after

independence. It was used as a weapon of social change. AIR (All India Radio) and
Doordarshan, the public service broadcasters in the country had the responsibility of
providing

educational

programs

apart

from

information

and

entertainment.

However, it needs to be taken note of that the public service broadcasting system in
the country was closely identified with the state. A monopolistic media structure
under state control has the threat of becoming the mouthpiece of the ruling elite.
The scenario was bound to change with the opening up of Indian economy in a bid
to integrate with the global system. It signalled the emergence of a competitive
market in the field of media with public service broadcasters getting challenges
from private entities. This, however, had the seeds of a new problem of ownership.
Ownership pattern of media across the globe and in India is a cause for concern.
There are big corporate houses who own newspapers and television networks. A
higher concentration of ownership increases the risk of captured media (Corneo,
2005). Media independence in such a scenario gives way to safeguarding the
interest of the owners who may not serve social responsibilities. The space for
plurality of ideas is eroded sending ominous signals for democracy. Bogart (1995)
opines that in many democratic countries media ownership has reached dangerous
levels of concentration. He has cited the examples of News Corporation's (owned by
Rupert Murdoch) 37 % share in United Kingdom's national newspaper circulation
and Silvio Berlusconi's ownership of top three commercial television channels, three

pay TV channels and various newspapers and magazine in Italy which act as his
political mouthpieces.
Transnational powerful media organizations are in operation in India post
liberalisation. These are big multinational corporations who own a chunk of the
mass media market ranging from newspapers, television, radio, book publishing to
music industry. Five of worlds largest media conglomerate include General Electric,
Walt Disney, News Corporation, Time Warner, Viacom and CBS. In India there are big
players like the Times Group and ABP who rule the roost in the media arena. In a bid
to open up the Indian market 26% foreign direct investment has been allowed in
news publication and 74% has been allowed in non news segments by the
Government. 100% foreign direct investment is available in the film industry. 100%
FDI is also allowed in television software production subject to certain government
norms. Cable networks and FM Radio networks have FDI limits of 49% and 20%
respectively

(FICCI

and

PwC,

2006).Research

undertaken

by

PricewaterhouseCoopers has shown the FDI investment trend across mass media in
India. Virgin Media Asia has a holding in HT media's foray into FM radio.
Therefore, across mass media options have opened up for availability of
transnational homogeneous content. The growth of media conglomerates and their
powerful presence has raised fears of manipulation of ideas by a powerful few
detrimental to the democratic fabric. The corporate giants have also engaged in
severe competition among themselves dishing out news and content which is
primarily dominated by sensationalization, sleaze and glitz to capture wider
markets. The disturbing trend that has emerged in the present media scenario is the
use of media in the battle between rival political groups (Coronel, 2003). In fact, this
new phenomenon is in operation in India with newspapers and news channels
taking sides while presenting facts. The same event can be presented in two
contrasting manners in two newspapers or two television channels. Coronel argues
that promotion of hate speech in place of constructive debate and creating an
atmosphere of suspicion rather than social trust has the danger of making people
cynic about the democratic setup leading to its breakdown.

While discussing the dangers associated with the developments in media it needs to
be said that media in India has also undertaken roles which have strengthened
democracy. The media as a watchdog of the democratic system has unearthed its
various shortcomings. Investigative reporting in print and television media has
helped in exposing large scale corruptions which have robbed the nation. The
Commonwealth Games Scam, the Adarsh Housing Society Scam, Cash for Vote
Scam and the Bofors Scam are the highpoints of the Indian media. Across
newspapers and television channels voices have been raised when the bureaucracy,
judiciary or other public functionary have crossed the laxman rekha. There have
also been initiatives to promote community media for the citizens to air their
concerns. This is a significant leap towards alternative media usage which is distant
from the dominant structure. Here the importance lies more in participatory
communication right from the grassroots rather than communication which flows
top down. Various television channels have also given the space for ordinary
citizens to air their views in the form of citizen journalists thereby promoting
democratic participation. Newspapers have educated the masses by informing them
of the developments in the field of science and technology. They have also
expressed strong

views against prejudices which

harm the society.

Much

developmental news has also been aired through the medium of radio. Its
comparative low cost and wide acceptance among poorer sections have made it a
potent tool for expressing ideas beneficial to the public.
Internet, a relatively newer entrant in the field of mass media, has proved to be
more democratic than newspaper and television (Coronel, 2003). Internet has
provided the opportunity for citizens who are conversant with the medium to
express their views about a number of issues. In many cases groups have been
formed by likeminded people who discuss and debate over a number of decisions on
the part of the government and seek new ideas for way ahead. The power of the
internet can be easily judged from the developments in Egypt in recent times. Social
networking sites like Facebook and Twitter were used to garner support against the
regime of President Hosni Mubarak (Kuwait Times, 2010). Internet has been used by
various public service organizations and N.G.Os to inform people about their
objectives and also to make them aware of various initiatives on the part of the
government as well as non government organisations for social upliftment. In
internet the barrier to communication is minimal which helps in the formation of a

participative environment. There is also greater empowerment of the users through

higher level of interactivity and flexibility in choice of media outlets. The potential of
the medium lies in its ability to be more personalized by offering user-created
content (Flew, 2009). Nevertheless, there is the threat of advertising revenues
influencing media outputs. Those who control considerable wealth have the
opportunity to sway public opinion in their favour with the help of mass media. In
the 2G scam the Radia Tapes controversy brought in focus the journalist, politician
and industrial conglomerate nexus (Jebaraj, 2010). Developments like these are a
threat to democracy and undermine the media fraternity. Advertisements in
newspapers, television, radio and at times the internet have become a part of the
present election campaigns. Candidates with better funds have the edge over
others in being voted to office because they can buy newspaper space and
considerable air time (Coronel, 2003).

Responsibilities of the press

Freedom of Press
Freedom means absence of control, interference or restrictions. Hence, the
expression Freedom of press means the right to print and publish without any
interference from the state or any other public authority. But this, Freedom, like
other freedoms, cannot be absolute but is subject to well known exceptions
acknowledge in the public interests, which in India are enumerate in Article 19(2) of
the constitution.
The prime purpose of the free press guarantee is regarded as creating a fourth
institution outside the government as an additional check on the three official
branches:

Executive.
Legislative.
Judiciary

Significance of Freedom of Press

Press plays an educative and mobilizing role in moulding public opinion and can be
instrument of social change, for the freedom of Press is regarded as the mother of
all other liberties in a democratic society.

The press serves as a powerful solution of power by government officials and as a

mean for keeping the elected officials responsible to the people whom they were
elected to serve. A Free press stands as one of the great interpreters between the
Government and the people. So, the freedom of Press has to be protected and at
the same time, the freedom of individual even in the press should also be protected,
preserved and any attempt to encroach the freedom of press has to be prevented.
Rights and Privileges
Parliament, the Government and the people communicate with each other through
the Press and other mass media, which includes the electronic media, viz.
television, radio and film. By law and convention, what applies to the Press applies
to the other media as well. Among the mass media, the Press plays an important
role in parliamentary life. The Press has two main aspects, as a part of what is
known as information industry and as a factor in the formulation of opinion. In both
respects, it has to act with responsibility to be effective or reliable. The Press is still
the main medium of mass communication. Besides its educative role, it can help in
exposing the weaknesses of the democratic system and point out how these can be
rectified. Often the Press struggles hard to unearth the administrative lapses,
scandals and shortcomings, gives expression to public grievances and difficulties
and reports on how policies are being carried out. Most of the raw material for
parliamentary questions, motions and debates comes from the daily Press and this
is an important instrument on which a member of Parliament relies. Simultaneously
the Press keeps the people informed of what is happening in Parliament. This twoway traffic enables the Press to maintain an important and strong link between the
public and the Parliament.
It is of paramount national importance that the proceedings of Parliament are
communicated to the people who are interested in knowing as to what laws are
passed by the Parliament. The Press can discharge this function effectively only if it
enjoys, what is termed as "Freedom of the Press".
Freedom of the Press has not been expressly provided for in the Constitution, but is
implicit in the Fundamental Right pertaining to the Freedom of Speech and
Expression guaranteed to the citizens under article 19 (1) (a) of the Constitution of

India. The term "Freedom of

Speech and Expression", includes the liberty to

propagate not only ones views but also the right to print matters which have been
borrowed from someone else or are printed under the direction of that person and
also includes the liberty of publication and circulation. Every right carries with it a
responsibility. Likewise, every freedom carries with it an obligation. It is primarily for
the Press itself to determine what are its corresponding responsibilities and
obligations.
Considering the space that is devoted in the Print media to parliamentary matters
and the volume of information that is given, the Press in India fulfils a great need,
felt alike by the members of Parliament and the public. It is through the Press and
other mass media that Parliament enjoys so much publicity and it is through them
that Parliament gathers information which helps it to supervise and control the
Executive effectively.

The Press is often called an extension of Parliament.

Privileges of the Press

In its relations with Parliament, the Press enjoys some privileges. Indeed, our
Constitution confers absolute immunity from proceedings in any court of law on all
persons connected with the publication of the proceedings of either House of
Parliament, if such a publication is made by or under the authority of the House. The
statutory protection given in this regard applies to the publication in newspapers or
broadcasts by wireless telegraphy of substantially true reports of any proceedings of
either House of Parliament, provided such reports are for the public good and are
not actuated by malice. It has also to be noted that this protection has been given
within the overall limitation that Parliament has the power to control and, if
necessary, to prohibit the publication of its debates or proceedings and to punish for
the violation of its orders. Generally, there are no restrictions imposed on reporting
of the proceedings of the Houses. But, if the proceedings of the Houses or for that
matter, of its Committees are reported mala fide or if there is any gross
misrepresentation or suppression of the speeches of particular members, it is
certainly a breach of privilege and contempt of the House warranting punishment.
Similarly, the Press cannot publish the proceedings or evidence given before or any
document presented to a Parliamentary Committee before these have been laid on
the Table of the House. The Press is not expected to disclose the proceedings or
decisions of a secret sitting of the House till the ban or secrecy has been lifted. It

has also to ensure that portions of debates expunged from the proceedings of the
House by the Presiding Officer are not published. In other words, there can be no
freedom of the Press at the cost of privileges of Parliament.
Freedom of the press and Reasonable Restrictions
The freedom of press comes within the ambit of freedom of speech & expression. In
a democracy, freedom of press is highly essential as it (the press) acts as a
watchdog on the three organs of a democracy viz. the legislature, the executive &
the judiciary. But, the freedom of press is not absolute in nature. It is subject to
certain restrictions which are mentioned in Article 19(2) of the Constitution. The
following are the grounds of restrictions laid down in Article19(2) :1) Sovereignty & Integrity of India
2) Security of the State
3) Friendly relations with Foreign States
4) Public Order
5) Decency or Morality
6) Contempt of Court
Article 19 - The Constitution of India
All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(g) to practise any profession, or to carry on any occupation, trade or business

Defamation
The word defamation is driven from Latin word Diffamare. Semantics or Etymology
of the Latin word Diffamare provides that it means 'Spreading evil report about
someone'. Thus, defamation is nothing but causing damage to reputation of
another. Thus the question of defamation is primarily linked up with ones
reputation.
Every man is entitled to have his reputation. A man's reputation is his property.
Depending upon perception of that man, reputation is more valuable to him than
any other property. Reputation is the state of being held in high esteem and honor
or the general estimation that the public has for a person. Reputation depends on
opinion, and opinion is the main basis of communication of thoughts and
Information amongst humans. In simpler words, reputation is nothing but enjoyment
of good opinion on the part of others. So, the right to have reputation involves right
to have reputation inviolate or intact.
The cause of action for defamation has been recognized from the very beginning of
our civilization. People have been resorting to mutual fights to smoothen out the
wrong done to their reputation. But, the concept of defamation has evolved much
earlier. Referring to research1, right to have ones reputation preserved intact has
long been recognized in India.
Defamation.Whoever, by words either spoken or intended to be read, or by signs
or by visible representations, makes or publishes any imputation concerning any
person intending to harm, or knowing or having reason to believe that such
imputation will harm, the reputation of such person, is said, except in the cases
hereinafter expected, to defame that person. Explanation 1.It may amount to
defamation to impute anything to a deceased person, if the imputation would harm
the reputation of that person if living, and is intended to be hurtful to the feelings of
his family or other near relatives. Explanation 2.It may amount to defamation to
make an imputation concerning a company or an association or collection of
persons as such. Explanation 3.An imputation in the form of an alternative or
expressed ironically, may amount to defamation. Explanation 4.No imputation is
said to harm a persons reputation, unless that imputation directly or indirectly, in

the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers
the credit of that person, or causes it to be believed that the body of that person is
in a loathsome state, or in a state generally considered as disgraceful.

Section 499
Defamation
Section 500
Punishment for defamation
Section 501
Printing or engraving matter known to be defamatory
Section 502
Sale of printed or engraved substance containing defamatory matter
Section 503
Criminal intimidation
Section 504
Intentional insult with intent to provoke breach of the peace
Section 505
Statements conducing to public mischief
Conducing - To contribut e or lead to a specific result:
Section 506
Punishment for criminal intimidation

Section 507
Criminal intimidation by an anonymous communication
Intimidation (also called cowing) is intentional behavior that "would cause a person
of ordinary sensibilities" fear of injury or harm.
Sedition
Sedition is defined by Section 124A of the Indian Penal code.
124A. Sedition Whoever, by words, either spoken or written, or by signs, or by
visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards,the Government
established by law in India, shall be punished with imprisonment for life and with
fine.

In law, sedition is overt conduct, such as speech and organization, that is deemed
by the legal authority to tend toward insurrection against the established order.
Sedition often includes subversion of a constitution and incitement of discontent (or
resistance) to lawful authority. Sedition may include any commotion, though not
aimed at direct and open violence against the laws. Seditious words in writing are
seditious libel. A seditionist is one who engages in or promotes the interests of
sedition.
Sedition is defined by Section 124A of the Indian Penal code. The section had been
inserted into the IPC by Imperial Legislative Council Act No. 27 of 1870. The original
section was substituted with a new one by Act 4 of 1898. The section currently
reads:
124A. Sedition Whoever, by words, either spoken or written, or by signs, or by
visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards,[a] the Government
established by law in[b] India,[c] shall be punished with imprisonment for life,[d] to

which fine may be added, or with imprisonment which may extend to three years, to
which fine may be added, or with fine.

Explanation 1. The expression disaffection includes disloyalty and all

feelings of enmity.
Explanation 2. Comments expressing disapprobation of the measures of
the Government with a view to obtain their alteration by lawful means,
without exciting or attempting to excite hatred, contempt or disaffection, do

not constitute an offence under this section.

Explanation 3. Comments expressing disapprobation of the administrative
or other action of the Government without exciting or attempting to excite
hatred, contempt or disaffection, do not constitute an offence under this
section.[8]

Obscenity
Obscenity is a difficult term to explain as it is intricately linked to the moral values
of the society. The Courts have laid down a principle saying that the test to
determineobscenity is whether the tendency of the matter, charged with obscenity
is to deprave and corrupt those whose minds are open to such immoral influences
and into whose hands a publication of this sort may fall. If it does, the matter falls
within the purview of obscenity. The concept of obscenity differs from country to
country depending on the moral standards of contemporary society.

The Encyclopedia definition of Obscenity states, 'By English law it is an indictable

misdemeanor to show an obscene exhibition or to publish any obscene matter,
whether it be writing or by pictures, effigy or otherwise.' The precise meaning of
"obscene" is, however, decidedly ambiguous. It has been defined as something
offensive to modesty or decency, or expressing or suggesting unchaste or lustful
ideas or being impure, indecent or lewd".
Section 292 of Indian Penal Code, 1860 deals with Sale, etc., of obscene books, etc..

Section 292-A
Printing etc. of grossly indecent or scurrilous matter or matter intended for
blackmail

The Press and Registration of Books Act, 1867

During the rein of the British Government in India writing of books and other
informatory material took a concrete shape and with the advent of printing presses
various books on almost all the subjects and periodicals touching every aspect of
life started appearing. Thrust on education gave an impetus to this with the result
that lot of printed material became available. Those in the field of writing,
publishing and printing gave a thought to organise a system for keeping a record of
the publications. The then East India Company was urged to keep a record of the
publications. An attempt was made by the authorities to make a collection of the
books and other publications emanating from the various printing presses
throughout India. Board of Directors of East India company issued an instruction
that copies of every important and interesting work published in India should be
despatched to England to be deposited in the library of India House. Such an
instruction had a slow impact. Again the Royal Asiatic Society in London urged the
then Secretary of State for India to repeat the instruction of the late Board of
Directors of East India Company and also desired that catalogues of all the works
published in India should be sent to England. A system of voluntary registrations of
publications was evolved but it failed. It was found necessary to establish a system
of compulsory sale to Government, of three copies of each work in India. To achieve
this purpose a Bill was introduced in the Legislature for the regulation of printing
presses and newspaper for the preservation of copies of books and periodicals
containing news printed in the whole of India and for the registration of such books
and periodicals containing news.
Statement of Objects and Reasons
It has for many years been the endeavour of the authorities to make a collection of
the books and other publications emanating from the various printing presses at
work throughout the country.
It was an instruction of the late Court of Directors of the East India Company, that
copies of every important and interesting work published should be despatched to
England to be deposited in the library at the India House. And again, on the urgent
requisition of the Royal Asiatic society in London, the Secretary of State for India

repeated the instructions of the late Court of Directors, and desired also that
catalogues of all works published in India should be sent to England.
The above instructions had special reference to the province of Lower Bengal, and
the local authorities of this province were set in motion, and on a plan suggested by
Mr. Talboys Wheeler of the Home Office, and matured by Mr. Robinson, Bengali
Translator to the Government of Bengal, a system of registration of books on terms
advantageous to publishers was notified, and a catalogue of books published in the
province of Lower Bengal was prepared.
But this catalogue had necessarily to be prepared by its editor, not with the books
before him, but from such imperfect and scattered notices and advertisements of
such books as he could collect from newspapers and other such sources, and was
found therefore to be to a great extent, and essentially, incorrect, and the
registration system completely broke down, there having been but three application
for registration in the course of some nine months. To send to England catalogues
essentially and to a considerable extent incorrect, of or such books as can be routed
out by private and perfunctory enquiries, is manifestly of no sort of use.
Yet the catalogue prepared in 1862, imperfect as it was, showed a list of some one
thousand and five hundred books of more or less interest and importance, all
published within the last ten or fifteen years, and it is notorious that, in the province
of Lower Bengal at least, there has been of late years very great activity in the
literary world, and every year shows no inconsiderable increase in the number of
works, original or re-printed, published, and in the number of printing presses
established.
The literature of a country is no doubt an index of the opinion and condition of the
people, and such an index it is essential to good government that the rulers of a
country should posses. In the interest, too, of history and of the scholars of Europe,
it is undoubtedly wise to provide that a complete collection of the publications of
the press of this country should be made as well in this country as in England. It
cannot, too, but be of benefit to authors and publishers that catalogues of their

works, and to a very limited extent copies of the works themselves, should be
accessible to the public at certain well-known places.
Systems of voluntary registration of publications have been found to fail, and it is
therefore proposed by this Bill to establish a system of compulsory sale to
Government of three copies of each book or similar work printed in India. One copy
of the work will be sent to England, and the two others, after the book has been
registered, will be kept in this country, to be deposited in places the proposed new
Museum for instance where they will be carefully preserved. A list of works
registered will be published each quarter in the Official Gazette.
It is not quite clear that the provisions of the proposed Bill are as yet required in any
province other than that of Lower Bengal, but in as much as the said provisions are
reasonable and simple, and in as much as it is certain that with the spread of
education there will arise in the other provinces of the Empire, as there has arisen in
Bengal, a corresponding activity in literature, it is provided that the Bill may be
extended by notification to any part of the Empire.
Act 25 of 1867
The Bill was passed by the Legislature and it came on the statute book as the Press
and Registration of Books Act, 1867 (25 of 1867). The nomenclature of the Act has
been given by the Indian Short Titles Act, 1897 (14 of 1897).
The Press and Registration of Books Act, 1867
An Act for the regulation of printing-presses and newspapers, for the preservation of
copies of books and newspapers printed in India and for the registration of such
books and newspapers.
Whereas it is expedient to provide for the regulation of printing-presses and of
newspapers, for the preservation of copies of every book and newspaper printed in
India and for the registration of such books and newspapers;
1.(1) In this Act, unless there shall be something repugnant in the subject of
context" Book" includes every volume, part of division of a volume, and pamphlet,
in any language, and every sheet of music, map, chart or plan separately printed;

["Editor" means the person who controls the selection of the matter that is
published in a newspaper;]
Magistrate" means any person exercising the full powers of a Magistrate and
includes a "Magistrate of Police"
"Newspaper"means any printed

periodical

work

containing

public

news

or

other

than

comments on public new"

"Paper"means

any

document,

including

newspaper,

book;"prescribed" means prescribed by rules made by the Central Government

under section 20A;
"Press Registrar" means the Registrar of newspapers for India appointed by the
Central Government under section 19A and includes any other person appointed by
the Central Government to perform all or any of the functions of the Press Registrar;
"Printing" includes cyclostyling and printing by lithography;
"Register" means the Register of newspapers maintained under section 19B.
(2) Any reference in this Act to any law, which is not in force in the State of Jammu
and Kashmir, shall, in relation to that State, be construed as a reference to the
corresponding law in force in that State.
OF PRINTING-PRESSES AND NEWSPAPERS
3. Every book or paper printed within India shall have printed legibly on it the name
of the printer and the place of printing, and (if the book or paper be published [the
name] of the publisher and the place of publication.
4. (1) No person shall, within[India], keep in his possession any press for the printing
of books or paper, who shall not have made and subscribed the following
declaration before [the District, Presidency or Sub-Divisional Magistrate] within
whose local jurisdiction such press may be: "I, A. B., declare that I have a press for
printing at__,"
And this last blank shall be filled up with a true and precise description of the place
where such press may be situated.
(2) As often as the place where a press is kept is changed, a new declaration shall
be necessary:

Provided that where the change is for a period not exceeding sixty days and the
place where the press is kept after the change is within the local jurisdiction of the
Magistrate referred to in sub-section (1), no new declaration shall be necessary if__
(a) a statement relating to the change is furnished to the said Magistrate within
twenty-four hours thereof; and
(b) The keeper of the press continues to be the same.
5. No newspaper shall be published in India, except in conformity with the rules
hereinafter laid down:
(1) [Without prejudice to the provisions of section 3], every copy of every such
newspaper shall contain the name of the person who is the editor thereof printed
clearly on such copy as the name of the editor of that newspaper;

(2) The printer and the publisher of every such newspaper shall appear in person or
by agent authorized in this behalf in accordance with rules made under section 20,
before a District, Presidency or Sub-divisional Magistrate within whose local
jurisdiction such newspaper shall be printed or published . . ., and shall make and
subscribe, in duplicate, the following declaration;
"I, A.B., declare that I am the printer (or publisher, or printer and publisher) of the
newspaper entitiled__and to be printed or published, or to be printed and published,
as the case may be) at. . . ."
And the last blank in this form of declaration shall be filled up with a true and
precise account of the premises where the printing or publication is conducted:
[(2A) Every declaration under rule (2) shall specify the title of the newspaper, the
language in which it is to be published and the periodicity of its publication and
shall contain such other particulars as may be prescribed.]
[(2B) Where the printer or publisher of a newspaper making a declaration under rule
(2) is not the owner thereof, the declaration shall specify the name of the owner and

shall also be accompanied by an authority in writing from the owner authorizing

such person to make and subscribe such declaration .
(2C) A declaration in respect of a newspaper made under rule (2) and authenticated
under section 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its Language or the periodicity of its
publication is changed, the declaration shall cease to have effect and a new
declaration shall be necessary before the publication of the newspaper can be
continued.
(2E) As often as the ownership of a newspaper is changed, a new declaration shall
be necessary.]
(3) As often as the place of printing or publication is changed, a new declaration
shall be necessary:
(4) Provided that where the change is for a period not exceeding thirty days and the
place of printing or publication after the change is within the local jurisdiction of the
Magistrate referred to in rule (2), no new declaration shall be necessary if__
(a) a statement relating to the change is furnished to the change is furnished to the
said Magistrate within twenty-four hours thereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues
to be the same.

(5) Every declaration made in respect of a newspaper shall be void, where the
newspaper does not commence publication__
(a) within six weeks of the authentication of the declaration under section 6,in the
case of a newspaper to be published once a week or oftener; and

(b) within three months of the declaration, in the case of any other newspaper,
and in every such case, a new declaration shall be necessary before the newspaper
can be published.
(6) Where, in any period of three months, any daily, tri-weekly, biweekly or
fortnightly newspaper publishes issues the number of which is less than half of what
should have been published in accordance with the declaration made in respect
thereof, the declaration shall cease to have effect and a new declaration shall be
necessary before the publication of the newspaper can be continued.
(7)Where any other newspaper has ceased publication for a period exceeding
twelve months, every declaration made in respect thereof shall cease to have
effect, and a new declaration shall be necessary before the newspaper can be republished.
(8) Every existing declaration in respect of a newspaper shall be cancelled by the
Magistrate before whom a new declaration is made and subscribed in respect of the
same:
Provided that no person [Who does not ordinarily reside in India or] who has not
attained majority in accordance with the provision of the Indian Majority Act,1875
(IX of 1875) or of the law to which he is subject in respect of the attainment of
majority, shall be permitted to make the declaration prescribed by this section, nor
shall any such person edit a newspaper.
Penalty for contravening the provisions of s, 5. See under s, 15, Post.
5A. (1) No person who has made and subscribed a declaration in respect of any
press under section 4 of the Jammu and Kashmir State Press and Publication Act 1 of
1989 shall keep the press in his possession for the printing of books or papers after
the expiry of a period of two months from the date of commencement of the Press
and Registration of Books (Amendment) Act,1965 unless before the expiry of that
period he makes and subscribes a fresh declaration in respect of that press under
section 4 of this Act.

(2) Every person who has subscribed to any declaration in respect of a newspaper
under section 5 of the Jammu and Kashmir State Press and Publication Act,1989,
shall cease to be the editor, printer or publisher of the newspaper mentioned in
such declaration after the expiry of a period of two months from the date of
commencement of the Press and Registration of Book subscribes a fresh declaration
in respect of that newspaper under rule (2) of the rules laid down in section 5 of this
Act.
6. Each of the two originals of every declaration so made and subscribed as is
aforesaid, shall be authenticated by the signature and Official Seal of the Magistrate
before whom the said declaration shall have been made; [Provided that where any
declaration is made and subscribed under section 5 in respect of a newspaper, the
declaration shall not, save in the case of newspaper, owned by the same person, be
so authenticated unless the Magistrate [is, on inquiry from the Press Registrar,
satisfied] that the newspaper proposed to be published does not bear a title which
is the same as, or similar to, that of any other newspaper published either in the
same language or in the same State.]
One of the said originals shall be deposited among the records of the office of the
Magistrate, and the other shall be deposited among the records of the High Court of
Judicature, or [other principal Civil Court of original jurisdiction for the place where]
the said declaration shall have been made.
The Officer-in-charge of each original shall allow any person to inspect that original
on payment of a fee of one rupees.
[A copy of the declaration attested by the official seal of the Magistrate, or a copy of
the order refusing to authenticate the declaration, shall be forwarded as soon as
possible to the person making and subscribing the declaration and also to the Press
Registrar.]
7. In any legal proceeding whatever, as well civil as criminal, the production of a
copy of such declaration as is aforesaid, attested by the seal of some court
empowered by this act to have the custody of such declaration [or, in the case of
the editor, a copy of the newspaper containing his name printed on it as that of the
editor] shall be held (unless the contrary be proved) to be sufficient evidence, as

against the person whose name shall be subscribed to such declaration, [or printed
on such newspaper, as the case may be] that the said person was printer or
publisher, or printer and publisher (according as the words of the said declaration
may be) of every portion of every [newspaper] whereof the title shall correspond
with the title of the [newspaper] mentioned in the declaration [or the editor of every
portion of that issue of the newspaper of which a copy is produced].
8. [If any person has subscribed to any declaration in respect of a newspaper under
section 5 and the declaration has been authenticated by a Magistrate under section
6 and subsequently that person ceases to be the printer or publisher of the
newspaper mentioned in such declaration, he shall appear before any District,
Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the
following declaration:
"I, A.B., declare that I have ceased to be the printer or publisher or printer and
publisher of the newspaper entitled___".]
Each original of the latter declaration shall be authenticated by the signature and
seal of the Magistrate before whom the said latter declaration shall be filed along
with each original of the former declaration.
The officer-in-charge of each original of the latter declaration shall allow any person
applying to inspect that original on payment of a fee of one rupee, and shall give to
any person applying a copy of the said latter declaration, attested by the seal of the
Court having custody of the original, on payment of a fee of two rupees.
In all trials in which a copy, attested as is aforesaid, of the former declaration shall
have been put in evidence, it shall be lawful to put in evidence a copy, attested as
is aforesaid, of the latter declaration, and the former declaration shall not be taken
to be evidence that the declarant was at any period subsequent to the date of the
latter declaration, printer or publisher of the newspaper therein mentioned.
[A copy of the latter declaration attested by the official seal of the Magistrate shall
be forwarded to the Press Registrar.]
[8A. If any person, whose name has appeared as editor on a copy of a newspaper,
claims that he was not the editor of the issue on which his name has so appeared,
he may, within two weeks of his becoming aware that his name has been so
published, appear before a District, Presidency or Sub-divisional Magistrate and

make a declaration that his name was incorrectly published in that issue as that of
the editor thereof, and if the Magistrate after making such inquiry or causing such
inquiry to be made as he may consider necessary is satisfied that such declaration
is true, he shall certify accordingly, and on that certificate being given the
provisions of section 7 shall not apply to that person in respect of that issue of the
newspaper.
The Magistrate may extend the period allowed by this section in any case where he
is satisfied that such person was prevented by sufficient cause from appearing and
making the declaration within that period.]
[8B. If, on an application made to him by the Press Registrar or any other person or
otherwise, the Magistrate empowered to authenticate a declaration under this Act,
is of opinion that any declaration made in respect of a newspaper should be
cancelled, he may, after giving the person concerned an opportunity of showing
cause against the action proposed to be taken, hold an inquiry into the matter and
if, after considering the cause, if any, shown by such person the matter and if, after
considering the cause, if any, shown by such person and after giving him an
opportunity of being heard, he is satisfied that___
(i) the newspaper, in respect of which the declaration has been made, is being
published, in contravention of the provisions of this Act or rules made there under;
or
(ii) the newspaper mentioned in the declaration hears a title which is the same as,
or similar to, that of any other newspaper published either in the same language or
in the same State; or
(iii) the printer or publisher has ceased to be the printer or publisher of the
newspaper mentioned in such declaration; or
(iv) the declaration was made on false representation or on the concealment of any
material fact or in respect of a periodical work which is not a newspaper; the
Magistrate may, by order, cancel the declaration and shall forward as soon as
possible a copy of the order to the person making or subscribing the declaration and
also to the Press Registrar.]

[8C. (1) Any person aggrieved by an order of a Magistrate refusing to authenticate a

declaration under section 6 or canceling a declaration under section 8B may, within
sixty days from the date on which such order is communicated to him, prefer an
appeal to the Appellate Board to be called the Press and Registration Appellate
Board consisting of a Chairman and another member to be nominated by the Press
Council of India, established under section 4 of the Press Council Act, 1978, from
amongst its members:
Provided that the Appellate Board may entertain an appeal after the expiry of the
said period, if it is satisfied that the appellant was prevented by sufficient cause
from preferring an appeal in time .
(2) On receipt of an appeal under this section, the Appellate Board may, after calling
for the records from the Magistrate and after making such further inquiries as it
thinks fit, confirm, modify or set aside the order appealed against.
(3) Subject to the provisions contained in sub-section (2), the Appellate Board may,
by order, regulate its practice and procedure.
(4) The decision of the appellate Board shall be final.]
9. Printed[ * * * ] copies of the whole of every book which shall be printed [ * * * ] in
India after the Act shall come into force, together with all maps, prints or other
engravings belonging thereto, finished and colored in the same manner as the best
copies of the same, shall, notwithstanding any agreement (if the book be published)
between the printer and publisher thereof, be delivered by the printer at such place
and to such officer as the State Government shall, by notification in the Official
Gazette, from time to time, direct and free of expense to the Government, as
follows, that is to say;
(a) in any case, within on calendar month after the day on which may such book
shall first be delivered out of the press, one such copy, and
(b) if within one calendar year from such day the State Government shall require the
printer to deliver other such copies not exceeding two in number, then within one
calendar month after the date on which any such requisition shall be made by the

State Government on the printer, another such copy, or two other such copies, as
the State Government may direct, the copies so delivered being bound, sewed or
stitched together and upon the best paper on which any copies of the book shall be
printed [* * *].
The publisher or other person employing the printer shall, at a reasonable time
before the expiration of the said month, supply him with all maps, prints and
engravings finished and colored as aforesaid, which may be necessary be enable
him to comply with the requirements aforesaid.
Nothing in the former part of this section shall apply to___
(i) any second or subsequent edition of a book in which edition no additions or
alterations either in the letter-press or in the maps, book prints or other engravings
belonging to the book have been made, and a copy of the first or some preceding
edition of which book has been delivered under this Act, or
(ii) any newspaper published in conformity with the rules laid down in section 5 of
this Act.
10. The officer to whom a copy of a book is delivered under the last foregoing
section shall give to the printer a receipt in writing therefor.
11. The copy delivered pursuant to clause (a) of the first paragraph of section 9 of
this Act shall be disposed of as the State Government shall from time to time
determine. Any copy or copies delivered pursuant to clause (b) of the said
paragraph shall be transmitted to the [Central Government].
11A. The printer of every newspaper in India shall deliver at such place and to such
officer as the State Government may, by notification in the Official Gazette, direct,
and free of expense to the Government as soon as it is published.
12. Whoever shall print or publish any book or paper otherwise than in conformity
with the rule contained in section 3 of this Act shall, on conviction before a
Magistrate, be punished by fine not imprisonment for a term not exceeding [six
month]or by both.

13. Whoever shall keep in his possession any such press as aforesaid, [in
contravention of any of the provision contained in section 4 of this Act] shall on
conviction before a Magistrate, be punished by fine not exceeding [two thousand]
rupees, or by simple imprisonment for a term not exceeding[six months], or by
both.
14. Any person who shall, in making[any declaration or other statement] under the
authority of this Act, make a statement which is false, and which he either knows or
believes to be false or does not believe to be true, shall on conviction before a
Magistrate, be punished by fine not exceeding [two thousand] rupees, and
imprisonment for a term not exceeding[six months].
15. [(1)] Whoever shall[edit], print or publish may [newspaper]without conforming
to the rules hereinbefore laid down, or whoever shall [edit], print or publish, or shall
cause to be[edited], printed or published, any [newspaper] knowing that the said
rules have not been observed with respect to [that newspaper], shall, on conviction
before a Magistrate, be punished with fine out exceeding[two thousand] rupees, or
imprisonment for a term not exceeding [six months], or both.
[(2)] Where an offence is committed in relation to a newspaper under sub-section
(1), the Magistrate, also cancel the declaration in respect of the newspaper.
[15A. If any person who has ceased to be a printer or publisher of any newspaper
fails or neglects to make a declaration in compliance with section 8, he shall, on
conviction before a Magistrate, be punishable by fine not exceeding two hundred
rupees.]
16. If any printer of any such book as is referred to in section 9 of this Act shall
neglect to deliver copies of the same pursuant to that section, he shall for every
such default forfeit to the Government such sum not exceeding fifty rupees as a
Magistrate having jurisdiction in the place where the book was printed may, on the
application of the officer to whom the copies should have been delivered or of any
person authorized by that officer in this behalf, determine to be in the
circumstances a reasonable penalty for the default and in addition to such sum,

such further sum as the Magistrate may determine to be the value of the copies
which the printer ought to have delivered.
If any publisher or other person employing any such printer shall neglect to supply
him, in the manner prescribed in the second paragraph of section 9 of this Act, with
the maps, prints or engravings which may be necessary to enable him to comply
with the provisions of that section, such publisher or other person shall for every
such default forfeit to the Government such sum not exceeding fifty rupees as such
a Magistrate as aforesaid may, on such an application as aforesaid, and, in addition
to such sum, such further sum as the Magistrate may determine to be the value of
the maps, prints or engravings which such publisher or other person ought to have
supplied.
[16A. If any printer or any newspaper published in India neglects to deliver copies of
the same in compliance with section 11A, he shall, on the complaint of the officer to
whom copies should have been delivered or of any person authorized by that officer
in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the
place where the newspaper was printed, with fine which may extend to fifty rupees
for every default,]
[16B. If any publisher of any newspaper published in India neglects to deliver copies
of the same in compliance with section 11B, he shall, on the complaint of the Press
Registrar, he punishable, on conviction by a Magistrate having jurisdiction in the
place where the newspaper was printed, by fine, which may extend to fifty rupees
for every default.]
17. Any sum forfeited to the Government under section 16 may be recovered, under
the warrant of the Magistrate determining the sum, or of his successor in office, in
the manner authorized by the "Code of Criminal Procedure", for the time being in
force, and within the period prescribed by the Indian Penal Code (45 of 1860), for
the levy of a fine.
REGISTRATION OF BOOKS
18. There shall be kept at such office, and by such officer as the State Government
shall appoint in this behalf, a book to be called a Catalogue of Books printed in
India, wherein shall be registered a memorandum of very book which shall have

been delivered pursuant to clause (a) of the first paragraph of section 9 of this Act.
Such memorandum shall (so far as may be practicable) contain the following
particular (that is to say);
(1) the title of the book and he contents of the title-page, with a translation into
English of such title and contents, when the same are not in the English Language;
(2) the language in which the book is written;
(3) the name of the author, translator or editor of the book or any part thereof;
(4) the subject;
(5) the place of printing and the place of publication;
(6) the name or firm of the printer and the name or firm of the publisher;
(7) the date of issue from the press or of the publication;
(8) the number of sheets, leaves or pages;
(9) the size;
(10) the first, second or other number of the edition;
(11) the number of copies of which the edition consists;
(12) whether the book is printed [cyclostyled or lithographed];
(13) the price at which the book is sold to the public; and
(14) the name and residence of the proprietor of the copyright or of any portion of
such copyright.
Such memorandum shall be made and registered in the case of each book as soon
as practicable after the delivery of the copy thereof pursuant to clause (a) of the
first paragraph of section 9.
19. The memoranda registered during each quarter in the said Catalogue shall be
published in the Official Gazette as soon as may be after the end of such quarter,
and a copy of the memoranda so published shall be sent to the Central
Government.
REGISTRATION OF NEWSPAPERS
19A. The Central Government may appoint a Registrar of newspapers for India and
such other officers under the general superintendence and control of the Press
Registrar as may be necessary for the purpose of performing the function assigned
to them by or under this Act and may, by general or special order ; provide for the
distribution or allocation of function to be performed by them under this Act.

19B. (1) The Press Registrar shall maintain in the prescribed manner a Register of
newspaper.
(2) The Register shall, as far as may be practicable, contain the following particulars
about every newspaper published in India, namely;
(a) the title of the newspaper;
(b) the language in which the newspaper is published;
(c) periodicity of the publication of the newspaper;
(d) the name of the editor, printer and publisher of the newspaper;
(e) the place of printing and publication;
(f) the average number of pages per week;
(g) the number of days of publication in the year;
(h) the average number of copies printed, the average number of copies sold to the
public and the average number of copies distributed free to the public, the average
being calculated with reference to such period as may be prescribed;
(i) retail selling price per copy;
(j) the names and addresses of the owners of the newspaper and such other
particulars relating to ownership as may be prescribed;
(k) any other particulars, which may be prescribed.
(3) On receiving information from time to time about the aforesaid particulars, the
Press Registrar shall cause relevant entries to be made in the Register and may
make such necessary alterations or corrections therein a may be required for
keeping the Register up-to-date.
19C. On receiving from the Magistrate under section 6 a copy of the declaration in
respect of a newspaper, [and on the publication of such newspaper, the Press
Registrar shall] as soon as practicable thereafter, issue a certificate of registration in
respect of that newspaper to the publisher thereof.
19D. It shall be the duty of the publisher of very newspaper-(a) to furnish to the
Press Registrar an annual statement in respect of the newspaper at such time and
containing such of the particulars referred to in sub-section (2) of section 19B as
may be prescribed; (b) to publish in the newspaper at such times and such of the
particulars relating to the newspaper referred to in sub-section (2) of section 19B as
may be specified in this behalf by the Press Registrar.

19E. The publisher of very newspaper shall furnish to the Press Registrar such
returns, statistics and other information with respect to any of the particulars
referred to in sub-section (2) of section 19B as the Press Registrar may from time to
time require.
19F. The Press Registrar or any gazetted officer authorized by him in writing in this
behalf shall, for the purpose of the collection of any information relating to a
newspaper under this Act, have access to any relevant record or document relating
to the newspaper in the possession of the publisher thereof, and may enter at any
reasonable time any premises where he believes such record or document to be and
may inspect or take copies of the relevant records or documents or ask any
question necessary for obtaining any information required to be furnished under this
Act.
19G. The Press Registrar shall prepare, in such form and at such time each year as
may be prescribed, an annual report containing a summary of the information
obtained by him during the previous year in respect of the newspapers in India and
giving an account of the working of such newspaper , and copies thereof shall be
forwarded to the Central Government.
19H. On the application of any person for the supply of the copy of any extract from
the Register and on payment of such fee as may be prescribed, the Press Registrar
shall furnish such copy to the applicant in such form and manner as may be
prescribed.
19-I. Subject to the provisions of this Act and regulation made there under, the Press
Registrar may delegate all or any of his powers under this Act to any officer
subordinate to him.
19J. The Press Registrar and all officers appointed under this Act shall be deemed to
be public servants within the meaning of section 21 of the Indian Penal Code (45 of
1860).

19K. If the publisher of any newspaper___

(a) refuses of neglects to comply with the provision of section 19D or section 19E;
publishes in the newspaper in pursuance of clause(b) of section 19D any
particulars relating to the newspaper which he has reason to believe to be false;
He shall be punishable with fine, which may extend to five hundred rupees.
19L. If any person engaged in connection with the collection of information under
this Act willfully discloses any information or the contents of any return given or
furnished under this Act otherwise than in execution of his duties under this Act or
for the purposes of the prosecution of an offence under this Act or under the Indian
Penal Code, he shall be punishable with imprisonment for a term which may extend
to six month, or with fine which may extend to one thousand rupees, or with both. 3

3 http://www.karmayog.org/centralgovtacts/centralgovtacts_6350.htm accessed on 4th Sep 2015

Contempt of Court
Contempt of court, often referred to simply as "contempt", is the offense of being
disobedient to or disrespectful towards a court of law and its officers in the form of
behavior that opposes or defies authority, justice, and dignity of the court.[1][2] It
manifests itself in willful disregard of or disrespect for the authority of a court of law,
which is often behavior that is illegal because it does not obey or respect the rules
of a law court.[3][4] When a court decides that an action constitutes contempt of
court, it can issue a court order that in the context of a court trial or hearing
declares a person or organization to have disobeyed or been disrespectful of the
court's authority, called "found" or "held in contempt"; this is the judge's strongest
power to impose sanctions for acts that disrupt the court's normal process.
A finding of being in contempt of court may result from a failure to obey a lawful
order of a court, showing disrespect for the judge, disruption of the proceedings
through poor behaviour, or publication of material deemed likely to jeopardize a fair
trial. A judge may impose sanctions such as a fine or jail for someone found guilty of
contempt of court. Judges in common law systems usually have more extensive
power to declare someone in contempt than judges in civil law systems. The client
or person must be proven to be guilty before he/she will be punished.

Unit 2
MEDIA LAWS
Mass Media laws in India have a long history and are deeply rooted in the countrys
colonial experience under British rule. The earliest regulatory measures can be
traced back to 1799 when Lord Wellesley promulgated the Press Regulations, which
had the effect of imposing pre-censorship on an infant newspaper publishing
industry. The onset of 1835 saw the promulgation of the Press Act, which undid
most of, the repressive features of earlier legislations on the subject.
Freedom of the Media- in India:
"The press [is] the only tocsin of a nation. [When it] is completely silenced... all
means of a general effort [are] taken away." --Thomas Jefferson
"Right to Freedom of Speech and Expression" is a fundamental right of the
citizens of India. This is mentioned in Part III of the Constitution of India - Article
19(1).This Article is so wide in scope that Freedom of the Press is included in
Freedom of Speech and Expression. It includes the right of free propagation and free
circulation without any previous restraint on publication.The freedom of speech and
expression does not give right to every possible use of language. It would lead to
disorder and anarchy.The Article 19(2) of the Constitution imposes the security of
the state, friendly relations with foreign states, public order, decency of morality or
in relation to contempt of court, defamation or incitement to an offense.Whenever,
emergency is declared in a country, these rights remain suspended.All our
governments have preferred press freedom to be linked with social and
fundamental responsibilities and the obligation to report objectively.Taking into
consideration the constraints of the Indian model of democracy and socialism and
the objectives laid in the Preamble of the Constitution or its Directive Principles of
the State Policy, the second Press Commission has advocated that the press should
be neither an adversary nor an ally of the Government, but a constructive critic.The
press is a great social asset, for it has to serve the entire community of varying
minds with its raw material for though, as also to act as a watch-dog by exercising
its role to warn and curb forces of repression, corruption and divisiveness.The
freedom of press is the mother of all other freedoms. This freedom can be used to
create a brave new world or to bring about universal catastrophe.(Disaster) .There

are media laws which curtail press freedom and the right of the citizen to
information, as well as right to freedom of speech and expression, besides the
restrictions imposed by constitution.
Press freedom can be weighed from two sides.
1. The external and internal pressures such as interference by political and business
leaders, pressure from advertisers, physical attacks on the press people, and so on.
2. Various media laws, such as the Indian Penal Code, 1860, Indian Telegraph Act,
1885,The Copy Right Act, 1957, impose restrictions on the exercise of the right of
freedom of
speech and expression by the press.The second Press Commission has suggested
certain amendments in the existing press laws to expand the scope of press
freedom and at the same time to project the right to privacy of the individual and
prevent

newspapers

from

indulging

into

free

style

of

character

assassination.Freedom of the press is the freedom of communication &

expression

through

vehicles

including

various

electronic

media

&

published materials. While such freedom mostly implies the absence of

interference from an overreaching state, its preservation may be sought through
constitutional or other protection.
THE LAW OF COPYRIGHTS
Copyright is a right given by the law to creators of literary, dramatic, musical and
artistic works and producers of cinematograph films and sound recordings. In fact, it
is a bundle of rights including, inter alia, rights of reproduction, communication to
the public, adaptation and translation of the work.
Copyright ensures certain minimum safeguards of the rights of authors over their
creations, thereby protecting and rewarding creativity. Creativity being the keystone
of progress, no civilized society can afford to ignore the basic requirement of
encouraging the same. Economic and social development of a society is dependent
on creativity. The protection provided by copyright to the efforts of writers, artists,
designers, dramatists, musicians, architects and producers of sound recordings,
cinematograph films and computer software, creates an atmosphere conducive to
creativity, which induces them to create more and motivates others to create.
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic
works and cinematograph films and sound recordings from unauthorized uses.

Unlike the case with patents, copyright protects the expressions and not the ideas.
There is no copyright in an idea.
A work means any of the following, namely, a literary, dramatic, musical or artistic
work, a cinematograph film, or a sound recording.
Copyright subsists throughout India in the following classes of works:
o

Original literary, dramatic, musical and artistic works;

Cinematograph films; and

Sound recordings.

An artistic work meanso

a painting, a sculpture, a drawing (including a diagram, map, chart or

plan), an engraving or a photograph, whether or not any such work
possesses artistic quality;

a work of architecture; and

any other work of artistic craftsmanship.

"Musical work" means a work consisting of music and includes any graphical
notation of such work but does not include any words or any action intended
to be sung, spoken or performed with the music. A musical work need not be

written down to enjoy copyright protection.

Sound recording" means a recording of sounds from which sounds may be
produced regardless of the medium on which such recording is made or the
method by which the sounds are produced. A phonogram and a CD-ROM are

sound recordings.
"Cinematograph film" means any work of visual recording on any medium
produced through a process from which a moving image may be produced by
any means and includes a sound recording accompanying such visual
recording and "cinematograph" shall be construed as including any work
produced by any process analogous to cinematography including video films.

Copyright protects the rights of authors, i.e., creators of intellectual property in the
form of literary, musical, dramatic and artistic works and cinematograph films and
sound recordings.
In the case of a literary or dramatic work the author, i.e., the person who creates
the work.

In the case of a musical work, the composer.

In the case of a cinematograph film, the producer.

In the case of a sound recording, the producer.

In the case of a photograph, the photographer.

In the case of a computer generated work, the person who causes the work
to be created.

TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is
an international agreement administered by the world Trade Organization (WTO)
that sets down minimum standards for many forms of Intellectual Property (IP)
regulation as applied to nationals of other WTO Members. It was negotiated at the
end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in
1994.
The TRIPS agreement introduced intellectual property law into the international
trading system for the first time and remains the most comprehensive international
agreement on intellectual property to date. In 2001, developing countries,
concerned that developed countries were insisting on an overly narrow reading of
TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha
declaration is a WTO statement that clarifies the scope of TRIPS, stating for example
that TRIPS can and should be interpreted in light of the goal "to promote access to
medicines for all."

Specifically, TRIPS requires WTO members to provide Copyrights, covering content

producers including performers, producers of sound recordings and broadcasting
organizations; geographical indications , including appellations of origin;industrial
design;

integrated

circuit

layout

-design;patents;new

plant

varieties;trademarks;trade dress;

and undisclosed or confidential information.

TRIPS also specifies enforcement

procedures, remedies, and dispute resolution

procedures. Protection and enforcement of all intellectual property rights shall meet
the objectives to contribute to the promotion of technological innovation and to the

transfer and dissemination of technology, to the mutual advantage of producers and

users of technological knowledge and in a manner conducive to social and economic
welfare, and to a balance of rights and obligations

THE AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES (TRIMS)

The Agreement on Trade-Related Investment Measures (TRIMs) are rules that apply
to the domestic regulations a country applies to foreign investors, often as part of
an industrial policy . The agreement was agreed upon by all members of the world
trade organization. The agreement was concluded in 1994 and came into force in
1995. The WTO was not established at that time, it was its predecessor, the GATT
(General Agreement on Trade and Tariffs. The WTO came about in 1994-1995.)
Policies such as local content requirements and trade balancing rules that have
traditionally been used to both promote the interests of domestic industries and
combat restrictive business practices are now banned. Trade-Related Investment
Measures is the name of one of the four principal legal agreements of the WTO
trade treaty. TRIMs are rules that restrict preference of domestic firms and thereby
enable international firms to operate more easily within foreign markets.

INTERNATIONAL INTELLECTUAL PROPERTY LAW

International intellectual property law is a patchwork area of intersecting
multilateral and bilateral agreements and their resulting harmonization of national
laws. It has become an increasingly important and frequently litigated area,
particularly in the patent, copyright, and trademark arenas. In addition, in the past
few decades, there have been louder calls for the protection of domain names,

databases, software, and traditional knowledge. Many of these cutting edge

intellectual property issues are addressed on an international level through the
World Intellectual Property Organization (WIPO). Along with new forms of protection,
the trend towards globalization in the trade arena has had a direct effect on the
harmonization of national intellectual property laws through the World Trade
Organization (WTO) and regional trade organizations. With increased interest in
international intellectual property law, there are now numerous high quality
electronic resources that cover various facets of this ever-changing area.

Intellectual Property is a frequently used term without a particularly concrete

definition. For the purposes of this guide, it will be defined as products of the mind.
Such products could be the trade name McDonald's, a treatise on economics, a
database of soup recipes, an invention to sort DNA strands, or the design of a
restaurant. Intellectual property law concerns itself with the protection of these
products. The most common forms of protection are patent, copyright, trademark,
and trade secret law. Other areas of intellectual property law include rights of
publicity, moral rights, misappropriation, unfair competition, geographic indications
of origin, database protection, licensing, trade dress, plant variety protection,
integrated circuit protection, and paracopyright (including laws that prohibit
circumventing anti-piracy technology).
One important note is that often physical property contains, within it, intellectual
property. A machine might be based on a patented idea or a book might have
copyrighted text. As such, intellectual property laws often define both what can and
cannot be done with the intellectual property itself and what one can do with a copy
of that property that you lawfully possess.
In doing international intellectual property research, one will often see terms such
as neighboring rights (sound recording performances and other works seen as
needing less protection than copyright in civil law countries) and industrial
property (patents and trademarks as distinguished from copyrights, neighboring
rights, and other methods of protecting artistic works). For the purposes of this
guide, these terms are all subsumed under the term intellectual property.

CONTEMPT OF COURT ACT 1971

Anything that curtails or impairs the freedom of limits of the judicial

proceedings

Any conduct that tends to bring the authority and administration of Law into
disrespect or disregard or to interfere with or prejudice parties or their
witnesses during litigation.

Consisting of words spoken or written which obstruct or tend to obstruct the

administration of justice

Publishing words which tend to bring the administration of Justice into

contempt, to prejudice the fair trial of any cause or matter which is the
subject of Civil or Criminal proceeding or in anyway to obstruct the cause of
Justice.

Contempt of Court Position Under the Constitution

Constitution of India -Art. 129 :Supreme Court to be a court of record.The
Supreme Court shall be a court of record and shall have all the powers of such a
court including the power to punish for contempt of itself.
Art.215: High Courts to be courts of record.Every High Court shall be a court of
record and shall have all the powers of such a court including the power to punish
for contempt of itself.
Art.144:Civil and judicial authorities to act in aid of the Supreme Court.All
authorities, civil and judicial, in the territory of India shall act in aid of the Supreme
Court.
Art.141. Law declared by Supreme Court to be binding on all courts. The law
declared by the Supreme Court shall be binding on all courts within the territory of
India.
142. Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc. (1) The Supreme Court in the exercise of its jurisdiction may pass
such decree or make such order as is necessary for doing complete justice in any
cause or matter pending before it, and any decree so passed or order so made shall
be enforceable throughout the territory of India in such manner as may be

prescribed by or under any law made by Parliament and, until provision in that
behalf is so made, in such manner as the President may by order prescribe.
Art.261. (1) Full faith and credit shall be given throughout the territory of India to
public acts, records and judicial proceedings of the Union and of every State.

Civil Contempt
Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been
defined as wilful disobedience to any judgment, decree, direction, order, writ or
other process of a court or wilful breach of an undertaking given to a court.
Criminal Contempt
Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has
been defined as the publication (whether by words, spoken or written, or by signs,
or by visible representation, or otherwise) of any matter or the doing of any other
act whatsoever which:
(i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of,
any court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial
proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner.
The Contempt of Courts Act,1971
Objective: To define & limit powers of certain courts in punishing contempt of courts
& to uphold the majesty and dignity of law courts and their image in the minds of
the public is no way whittled down.
Contempt of court " - civil contempt or criminal contempt.
Civil contempt " - willful disobedience to any judgment, decree, direction, order, writ
or other process of a court or willful breach of an undertaking given to a court ;
[Sec. 2 (b)]

Criminal contempt " - publication (whether by words. spoken or written, or by signs,

or by visible representations, or otherwise) of any matter or the doing of any other
act whatsoever which(i) scandalizes or tends to scandalize, or lowers or tends to lower the
authority of, any court ; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any
judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the
administration of justice in any other manner ; [Sec. 2 (c)]
Punishment for the contempt of court
High Court and Supreme Court are bestowed with the power to punish for the
contempt of the court. Under Section 12 of Contempt of Court Act, 1971, a
contempt of court can be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or
with both.
However, in civil cases if the court considers that a fine will not meet the ends of
justice and that a sentence of imprisonment is necessary shall, instead of
sentencing him to simple imprisonment, direct that the he be detained in a civil
prison for such period not exceeding six months as it may think fit.
The court is not supposed to impose a sentence for contempt of court in excess of
what is prescribed under this section either in respect of itself or of a court
subordinate to it.
An accused may be discharged or the punishment awarded may be remitted on
apology being made by the accused to the satisfaction of the court. An apology is
not supposed to be rejected merely on the ground that it is qualified or conditional if
the accused makes it bona fide.
Essentials of civil contempt of court
1. the making of a valid court order,
2. knowledge of the order by respondent,
3. ability of the respondent to render

compliance, and
4. willful disobedience of the order.
The Limitation period for actions of contempt is a period of one year from the date
on which the contempt is alleged to have been committed [u/S. 20 of the Act ]
Hearing of cases of criminal contempt to be by Benches.
Every case of criminal contempt under section 15 shall be heard and determined by
a Bench of not less than two Judges. [Sec 18 ]

Appeals.
(1) An appeal shall lie as of right from any order or decision of High Court in the
exercise of its jurisdiction to punish for contempt(a) where the order or decision is that of a single Judge, to a Bench of not less than
two Judges
of the Court ;
(b) where the order or decision is that of a Bench, to the Supreme Court : [Sec. 19]
Limitation for Appeal
An appeal under sub-section (1) shall be filed(a) in the case of an appeal to a Bench of the High Court, within thirty
days ;
(b) in the case of an appeal to the Supreme Court, within sixty days,
from the date of the order appealed against. [Sec 19 (4) ]
Contempt of court by a company
In case the person found guilty of contempt of court in respect of any undertaking
given to a court is a company, the person who at that time, was in charge of, and
was responsible to, the company for the conduct of business of the company shall
be deemed to be guilty of the contempt and the punishment may be enforced, with
the leave of the court, by the detention in civil prison of such person. However, that
person can be exempted from liability if such person proves that the contempt was

committed without his knowledge or that he exercised all due diligence to prevent
its commission.
Liability of Director, Manager, Secretary or other officer of the company
If the contempt of court referred to therein has been committed by a company and
it is provided that the contempt has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manger,
secretary or other officer of the company, such director, manager , secretary or
other officer shall also be deemed to be guilty of the be contempt and the
punishment will be enforced against them as well, with the leave of the court, by
the detention in civil prison of such director, manager, secretary or other officer.
Defenses allowed in Contempt proceeding
Clause (b) of Section 13 of Contempt of Court Act, 1971 that was introduced
recently by 2006 amendment, allows the accused to raise the defense of
justification by truth of such contempt, if the court is satisfied that it is in public
interest and the request for invoking the said defence is bona fide. However, no
court shall impose a sentence under this Act for a contempt of court unless it is
satisfied that the contempt is of such a nature that it substantially interferes, or
tends substantially to interfere with the due course of justice.
INDIAN PENAL CODE
The Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive
code intended to cover all substantive aspects of criminal law. The code was drafted
in 1860 on the recommendations of first law commission of India established in
1834 under the Charter Act of 1833 under the Chairmanship of Thomas Babington
Macaulay. It came into force in British India during the early British Raj period in
1862. However, it did not apply automatically in the Princely states, which had their
own courts and legal systems until the 1940s. The Code has since been amended
several times and is now supplemented by other criminal provisions. Based on IPC,
Jammu and Kashmir has enacted a separate code known as Ranbir Penal Code
(RPC).

After the departure of the British, the Indian Penal Code was inherited by Pakistan
as well, much of which was formerly part of British India, and there it is now called
the Pakistan Penal Code. Even after the independence of Bangladesh (Formerly
known as East Pakistan) from Pakistan (Formerly known as West Pakistan), it
continued in force there. It, the Indian Penal Code, was also adopted by the British
colonial authorities in Burma, Ceylon (now Sri Lanka), the Straits Settlements (now
part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes
in those countries.The Ranbir Penal Code applicable in that state of Jammu and
Kashmir of India, is also based on this Code.
History
The draft of the Indian Penal Code was prepared by the First Law Commission,
chaired by Thomas Babington Macaulay in 1834 and was submitted to GovernorGeneral of India Council in 1837. Its basis is the law of England freed from
superfluities, technicalities and local peculiarities. Elements were also derived from
the Napoleonic Code and from Edward Livingston's Louisiana Civil Code of 1825.
The first final draft of the Indian Penal Code was submitted to the Governor-General
of India in Council in 1837, but the draft was again revised. The drafting was
completed in 1850 and the Code was presented to the Legislative Council in 1856,
but it did not take its place on the statute book of British India until a generation
later, following the Indian Rebellion of 1857. The draft then underwent a very
careful revision at the hands of Barnes Peacock, who later became the first Chief
Justice of the Calcutta High Court, and the future puisne judges of the Calcutta High
Court, who were members of the Legislative Council, and was passed into law on 6
October 1860.The Code came into operation on 1 January 1862. Unfortunately,
Macaulay did not survive to see his masterpiece come into force, having died near
the end of 1859.
Objective
The objective of this Act is to provide a general penal code for India. Though not an
initial objective, the Act does not repeal the penal laws which were in force at the
time of coming into force in India. This was so because the Code does not contain all
the offences and it was possible that some offences might have still been left out of

the Code, which were not intended to be exempted from penal consequences.
Though this Code consolidates the whole of the law on the subject and is exhaustive
on the matters in respect of which it declares the law, many more penal statutes
governing various offences have been created in addition to the code.
Structure
The Indian Penal Code of 1860, sub-divided into twenty three chapters, comprises
five hundred and eleven sections. The Code starts with an introduction, provides
explanations and exceptions used in it, and covers a wide range of offences.
Section - 124A. Sedition Whoever, by words, either spoken or written, or by signs,
or by visible representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards, the Government
established by law in India, shall be punished with imprisonment for life, to which
fine may be added, or with imprisonment which may extend to three years, to which
fine may be added, or with fine.

Explanation 1. The expression disaffection includes disloyalty and all

feelings of enmity.

Explanation 2. Comments expressing disapprobation of the measures of

the Government with a view to obtain their alteration by lawful means,
without exciting or attempting to excite hatred, contempt or disaffection, do
not constitute an offence under this section.

Explanation 3. Comments expressing disapprobation of the administrative

or other action of the Government without exciting or attempting to excite
hatred, contempt or disaffection, do not constitute an offence under this
section

Section 495 in The Indian Penal Code

Same offence with concealment of former marriage from person with whom
subsequent marriage is contracted.Whoever commits the offence defined in the
last preceding section having concealed from the person with whom the subsequent
marriage is contracted, the fact of the former marriage, shall be punished with
imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine.

Section 496 in The Indian Penal Code

Marriage ceremony fraudulently gone through without lawful marriage.Whoever,
dishonestly or with a fraudulent intention, goes through the ceremony of being
married, knowing that he is not thereby lawfully married, shall be punished with
imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine.
Section 497 in The Indian Penal Code
497. Adultery.Whoever has sexual intercourse with a person who is and whom he
knows or has reason to believe to be the wife of another man, without the consent
or connivance of that man, such sexual intercourse not amounting to the offense of
rape, is guilty of the offense of adultery, and shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with
both. In such case the wife shall not be punishable as an abettor.

Section 498 in The Indian Penal Code

498. Enticing or taking away or detaining with criminal intent a married woman.
Whoever takes or entices away any woman who is and whom he knows or has
reason to believe to be the wife of any other man, from that man, or from any
person having the care of her on behalf of that man, with intent that she may have
illicit intercourse with any person, or conceals or detains with that intent any such
woman, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.

Section 499 in The Indian Penal Code

499. Defamation.Whoever, by words either spoken or intended to be read, or by
signs or by visible representations, makes or publishes any imputation concerning
any person intending to harm, or knowing or having reason to believe that such

imputation will harm, the reputation of such person, is said, except in the cases
hereinafter expected, to defame that person.
Section 500 in The Indian Penal Code
Punishment for defamation.Whoever defames another shall be punished with
simple imprisonment for a term which may extend to two years, or with fine, or with
both.
Section 501 in The Indian Penal Code
Printing or engraving matter known to be defamatory. Whoever prints or engraves
any matter, knowing or having good reason to believe that such matter is
defamatory of any person, shall be punished with simple imprisonment for a term
which may extend to two years, or with fine, or with both.
Code of Criminal Procedure, 1973
The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for
administration of substantive criminal law in India. It was enacted in 1973 and came
into force on 1 April 1974.It provides the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence, determination of guilt
or innocence of the accused person and the determination of punishment of the
guilty. Additionally, it also deals with public nuisance, prevention of offences and
maintenance of wife, child and parents.
At present, the Act contains 528 Sections, 2 Schedules and 56 Forms. The Sections
are divided into 37 Chapters.
History
In medieval India, subsequent to the conquest by the Muslims, the Mohammedan
Criminal Law came into prevalence. The British rulers passed the Regulating Act of
1773 under which a Supreme Court was established in Calcutta and later on at
Madras and in Bombay. The Supreme Court was to apply British procedural law
while deciding the cases of the Crowns subjects. After the Rebellion of 1857, the
crown took over the administration in India. The Criminal Procedure Code, 1861 was
passed by the British parliament. The 1861 code continued after independence and
was amended in 1969. It was finally replaced in 1972.

Classification of Offences under the Code

Cognizable and Non-cognizable Offences
Main article: Cognizable offence
Cognizable offences are those offences for which a police officer may arrest without
court mandated warrant in accordance with the first schedule of the code. For noncognizable cases the police officer may arrest only after being duly authorized by a
warrant. Non-cognizable offences are, generally, relatively less serious offences
than cognizable ones.
Summons-Case and Warrant-Case
Under Section 204 of the code, a Magistrate taking cognizance of an offence is to
issue summons for the attendance of the accused if the case is a summons case. If
the case appears to be a warrant case, he may issue a warrant or summons, as he
sees fit. Section 2(w) of the Code defines summons-case as, a case relating to an
Offence, and not being a warrant-case. Section 2(x) of the Code defines warrantcase as, a case relating to an Offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.
Bailable and Non-bailable
According to Section 2(a), bailable offence are offences listed under the First
Schedule as bailable or made bailable under any other law for the time being in
force. All other offences are non-bailable.
Territorial extent, Scope and Applicability
The Criminal Procedure Code is applicable in the whole of India except in the State
of Jammu and Kashmir. The Parliament's power to legislate in respect of Jammu &
Kashmir is curtailed by Article 370 of the Constitution of India.
Provided that the provisions of this Code, other than those relating to Chapters VIII,
X and XI thereof, shall not apply(a) to the State of Nagaland, (b) to the tribal areas,

Section 108 in The Companies Act, 1956

108. Transfer not to be registered except on production of instrument of transfer.

A company shall not register a transfer of shares in, or debentures of, the company,
unless a proper instrument of transfer duly stamped and executed by or on behalf
of the transferor and by or on behalf of the transferee and specifying the name,
address and occupation, if any, of the transferee, has been delivered to the
company along with the certificate relating to the shares or debentures, or if no
such certificate is in existence, along with the letter of allotment of the shares or
debentures: Provided that where, on an application in writing made to the company
by the transferee and bearing the stamp required for an instrument of transfer, it is
proved to the satisfaction of the Board of directors that the instrument of transfer
signed by or on behalf of the transferor and by or on behalf of the transferee has
been lost, the company may register the transfer on such terms as to indemnity as
the Board may think fit: Provided further that nothing in this section shall prejudice
any power of the company to register as shareholder or debenture holder any
person to whom the right to any shares in, or debentures of, the company has been
transmitted by operation of law. 2 3 (1A) Every instrument of transfer of shares shall
be in such form as may be prescribed, and(a) every such form shall, before it is signed by or on behalf of the transferor and
before any entry is made therein, be presented to the prescribed authority,
being a person
Section 144
Section 144 of the Criminal Procedure Code (CrPC) of 1973, empowers a magistrate
to prohibit an assembly of more than ten people in an area. According to sections
141-149 of the Indian Penal Code (IPC), the maximum punishment for engaging in
rioting is rigorous imprisonment for 3 years and/or fine. Every member of an
unlawful assembly can be held responsible for a crime committed by the group.
Obstructing an officer trying to disperse an unlawful assembly may attract further
punishment.
The section was used for the first time in 1861 by the British Raj, and thereafter
became an important tool to stop all nationalist protests during the Indian
independence movement, and its use in independent India remains controversial as
little has changed. It is often used to prevent protests or demonstrations, even the
law doesn't use the terms, though it does mention "riot". The issue was further

highlighted following the protests in the aftermath of the 2012 Delhi gang rape.
When in December, 2012, a special executive magistrate imposed prohibitory
orders around India Gate, a popular location for public protests, under the section
for up to six months. In January 2013, the Delhi High Court issued a notice to Delhi
Police in this regard as it found the orders contrary to the fundamental rights of
citizens.
Indian Telegraph Act, 1885
The Indian Telegraph Act, 1883 is the enabling legislation in India which governs the
use of wired and wireless telegraphy, telephones, teletype, radio communications
and digital data communications. It gives the Government of India exclusive
jurisdiction and privileges for establishing, maintaining, operating, licensing and
oversight of all forms of wired and wireless communications within Indian territory. It
also authorizes government law enforcement agencies to monitor/intercept
communications and tap phone lines under conditions defined within the Indian
Constitution. The act came into force on October 1, 1885. Since that time, numerous
amendments have been passed to update the act to respond to changes in
technology.

UNIT III
Right to information Act 2005
Object of the Right to Information Act

The basic object of the Right to Information Act is to empower the citizens, to
promote transparency and accountability in the working of the Government, to
contain corruption, and to enhance peoples participation in democratic process
thereby making
Our democracy work for the people in a real sense. It goes without saying that an
informed citizen is better equipped to keep necessary vigil on the instruments of
governance and make the government more accountable to the governed. The Act
is a big step towards making the citizens informed about the activities of the
Government.1

What is Information?
Information is any material in any form. It includes records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form. It also
includes information relating to any private body which can be accessed by the
public authority under any law for the time being in force. 1

What is a Public Authority?

A "public authority" is any authority or body or institution of self government
established or constituted by or under the Constitution; or by any other law made
by the
Parliament or a State Legislature; or by notification issued or order made by the
Central Government or a State Government. The bodies owned, controlled or
substantially financed by the Central Government or a State Government are also
public authorities. Non-Government organisations substantially financed by the
Central Government or a State Government also fall within the definition of public
authority. The substantial financing by the Central Government or a State
Government may be direct or indirect. The Act does not define substantial financing.
Various courts/Information Commissions have been deciding on this issue on case to
case basis, depending upon the merits of each case. 1

Right to Information under the Act

A citizen has a right to seek such information from a public authority which is held
by the public authority or which is held under its control. This right includes
inspection of work, documents and records; taking notes, extracts or certified copies
of documents or records; and taking certified samples of material held by the public
authority or held under the control of the public authority. It is important to note
that only such information can be supplied under the Act that is available and
existing and is held by the public authority or is held under the control of the public
authority. The Public Information Officer is not supposed to create information that is
not a part of the record
of the public authority. The Public Information Officer is also not required to furnish
information which require drawing of inference and/or making of assumptions; or to
interpret information; or to solve the problems raised by the applicants; or to furnish
replies to hypothetical questions.
A citizen has a right to obtain information from a public authority in the form of
diskettes, floppies, tapes, video cassettes or in any other electronic mode or
through print-outs provided such information is already stored in a computer or in
any other device.
The information to the applicant should ordinarily be provided in the form in which
it is sought. However, if the supply of information sought in a particular form would
disproportionately divert the resources of the public authority or may cause harm to
thesafety or preservation of the records, supply of information in that form may be
denied.
In some cases, the applicants expect the Public Information Officer to give
information in some particular proforma devised by them on the plea that they have
a right to get information in the form in which it is sought. It need be noted that the
provision in the Act simply means that if the information is sought in the form of
photocopy, it shall be provided in the form of photocopy, or if it is sought in the form
of a floppy or in any other electronic mode, it shall be provided in that form, subject
to the conditions given in the Act. It does not mean that the PIO shall re-shape the
information.
Some Information Seekers request the Public Information Officers to cull out
information from some document(s) and give such extracted information to them. A
citizen has a right to get material from a public authority which is held by or under
the control of that public authority. The Act, however, does not require the Public
nformation Officer to deduce some conclusion from the material and supply the
conclusion so deduced to the applicant. It means that the Public Information Officer
is required to supply the material in the form as held by the public authority, but
not to do research on behalf of the citizen to deduce anything from the material and
then supply it to him.

Right to Information Vis-a-Vis other Acts

The RTI Act has over-riding effect vis--vis other laws. It implies that if any of the
provisions of the RTI Act are not consistent with any other law for the time being in
force including the Official Secrets Act, 1923, the provisions of the RTI Act would
have effect.

Appeals
If an applicant is not supplied information within the prescribed time of thirty days
or 48 hours, as the case may be, or is not satisfied with the information furnished to
him, he may prefer an appeal to the first appellate authority who is an officer senior
in rank to the Public Information Officer. Such an appeal should be filed within a
period of thirty days from the date on which the limit of 30 days of supply of
information is expired or from the date on which the information or decision of the
Public Information Officer is received. The appellate authority of the public authority
shall dispose of the appeal within a period of thirty days or in exceptional cases
within 45 days of the receipt of the appeal.
If the first appellate authority fails to pass an order on the appeal within the
prescribed period or if the appellant is not satisfied with the order of the first
appellate authority, he may prefer a second appeal with the Information
Commission within ninety days from the date on which the decision should have
been made by the first appellate authority or was actually received by the
appellant.
Complaints
If any person is unable to submit a request to a Public Information Officer either by
reason that such an officer has not been appointed by the concerned public
authority; or the Assistant Public Information Officer has refused to accept his or her
application or appeal for forwarding the same to the Public Information Officer or
the appellate authority, as the case may be; or he has been refused access to any
information requested by him under the RTI Act; or he has not been given a
response to a request for information within the time limit specified in the Act; or he
has been required to pay an amount of fee which he considers unreasonable; or he
believes that he has been given incomplete, misleading or false information, he can
make a complaint to the Information Commission.
Third Party Information
Third party in relation to the Act means a person other than the citizen making a
request for information. The definition of third party includes a public authority
other than the public authority to which the request has been made.

Disclosure of Third Party Information

Information including commercial confidence, trade secrets or intellectual property,
the disclosure of which would harm the competitive position of a third party, is
exempt from disclosure. Such information should not be disclosed unless the
competent authority is satisfied that larger public interest warrants the disclosure of
such information.
In regard to a third party information which the third party has treated as
confidential, the Public Information Officer should follow the procedure as given in
part IV viz. FOR PUBLIC INFORMATION OFFICERS. The third party should be given
full opportunity to put his case for non-disclosure if he desires that the information
should not be disclosed.

The Information Technology ACT, 2008

An Act to provide legal recognition for the transactions carried our by means of
electronic data
interchange and other means of electronic communication, commonly referred to as
"Electronic
Commerce", which involve the use of alternatives to paper based methods of
communication and
storage of information , to facilitate electronic filings of documents with the
Government agencies and
further to amend the Indian Penal Code, Indian Evidence Act, 1872,, The Bankers'
Books Evidence
Act, 1891, and the Reserve Bank of India Act, 1934 and for matters connected
therewith or incidental
thereto.
Short Title, Extent, Commencement and Application
(1) This Act may be called the Information Technology Act, 2000. [As Amended by
Information
technology (Amendment) Act 2008]
P.S: Information Technology (Amendment) Bill 2006 was amended by Information
Technology Act

Amendment Bill 2008 and in the process, the underlying Act was renamed as
Information Technology
(Amendment) Act 2008 herein after referred to as ITAA 2008.
(2) It shall extend to the whole of India and, save as otherwise provided in this Act,
it applies also
to any offence or contravention hereunder committed outside India by any person.
(3) It shall come into force on such date as the Central Government may, by
notification, appoint
and different dates may be appointed for different provisions of this Act and any
reference in any such
provision to the commencement of this Act shall be construed as a reference to the
commencement of
that provision.[Act notified with effect from October 17, 2000. Amendments vide
ITAA-2008 notified
with effect from....]
(4) (Substituted Vide ITAA-2008) Nothing in this Act shall apply to documents or
transactions specified in the First Schedule by way of addition or deletion of entries
thereto.
(5) (Inserted vide ITAA-2008) Every notification issued under sub-section (4) shall
be laid
before each House of Parliament

Notable features of the ITAA 2008 are:

Focusing on data privacy

Focusing on Information Security

Defining cyber caf

Making digital signature technology neutral

Defining reasonable security practices to be followed by corporate

Redefining the role of intermediaries

Recognizing the role of Indian Computer Emergency Response Team

Inclusion of some additional cyber crimes like child pornography and cyber
terrorism

Authorizing an Inspector to investigate cyber offences.

Image 1. Case Study

Image 2. Case Study

Image 3. Case Study

Image 3. Case Study

4

http://www.slideshare.net/NIIConsulting/it-act-2000-penalties-offences-with-case-studies accessed on 2nd Sep

2015

LAWS REALTED TO CONSUMER RIGHTS

The definition of Consumer right is 'the right to have information about the quality,
potency, quantity, purity, price and standard of goods or services, as it may be the
case, but the consumer is to be protected against any unfair practices of trade. It is
very essential for the consumers to know these rights.
However there are strong and clear laws in India to defend consumer rights, the
actual plight of consumers of India can be declared as completely dismal. Out of the
various laws that have been enforced to protect the consumer rights in India, the
most important is the Consumer Protection Act, 1986. According to this law,
everybody, including individuals, a firm, a Hindu undivided family and a company,
have the right to exercise their consumer rights for the purchase of goods and
services made by them. It is significant that, as consumer, one knows the basic

rights as well as about the courts and procedures that follow with the infringement
of ones rights.
In general, the consumer rights in India are listed below:
The right to be protected from all kind of hazardous goods and services
The right to be fully informed about the performance and quality of all goods
and services
The right to free choice of goods and services
The right to be heard in all decision-making processes related to consumer
interests
The right to seek redressal, whenever consumer rights have been infringed
The right to complete consumer education
The Consumer Protection Act, 1986 and several other laws like the Weights,
Standards & Measures Act can be formulated to make sure that there is fair
competition in the market and free flow of correct information from goods and
services providers to the ones who consume them. In fact, the degree of consumer
protection in any country is regarded as the right indicator of the progress of the
country.There is high level of sophistication gained by the goods and services
providers in their marketing and selling practices and different types of promotional
tasks viz. advertising resulted in an increasing requirement for more consumer
awareness and protection. The government of India has realized the condition of
Indian consumers therefore the Ministry of Consumer Affairs, Food and Public
Distribution has incorporated the Department of Consumer Affairs as the nodal
organization to protect the consumer rights, redress the consumer grievances and
promote the standards governing goods and services provided in India.
If there is infringement of rights of consumer then a complaint can be made under
the following circumstances and reported to the close by designated consumer
court:

The goods or services purchased by a person or agreed to be

purchased by a person has one or more defects or deficiencies in any
respect

A trader or a service provider resort to unfair or restrictive practices of

trade

A trader or a service provider if charges a price more than the price

displayed on the goods or the price that was agreed upon between the
parties or the price that was stipulated under any law that exist

Goods or services that bring a hazard to the safety or life of a person offered for
sale, unknowingly or knowingly, that cause injury to health, safety or life.

Who is a Consumer?
Any individual who purchases products or services for his personal use and not for
manufacturing or resale is called a consumer. A consumer is one who is the decision
maker whether or not to buy an item at the store, or someone who is influenced by
advertisement and marketing. Every time someone goes to a store and buys a shirt,
toy, beverage or anything else, they make a decision as a consumer. Consumer
refers to any person who purchases some goods for a consideration that has been
either paid or promised to pay or partly paid and partly promised, or found under
any system of deferred payment and does include any user of this type of goods
other than the person who purchases these types of goods for consideration paid or
promised or partly paid or partly promised, or under any type of system of deferred
payment when this type of use is done with the agreement of such person, and
does not include a person who gets such goods for resale or for any business
purpose or hires or avails of some services for a consideration which has been paid
or promised or partly paid and partly promised, or under some system of deferred
payment as well as includes some beneficiary of such services other than the
people who hire or avail of the services for consideration paid or promised, or partly
paid and partly promised, or under any system of deferred payment, when such
services are provided having the approval of the first described person and does not
include a person who takes such services for any business purposes.

Consumer Law
India has developed specific routes for asserting the rights of consumers.
The Consumer Protection Act of 1986 defines consumer law in India. This legislation
helps to protect consumers from any kind of exploitation by availing the means for
hearing and considering and finally settling disputes. This Act also stipulates the
goods and service providers responsibilities. In the year 1987, the provisions of this
Act became binding legally.

Consumer Courts
To lessen the time period taken to sort out consumer disputes, the Act permits the
creation of quasi-judicial bodies to be formed at district level, state as well as
central government levels. There are at present 604 District Forums along with 34
State Commissions, with the National Consumer Disputes Redressal Commission
functioning at the final level. India boosts itself to be the only country having
specific courts for hearing consumer grievances as per the CUTS Centre for
Consumer Action Research and Training.

Marketing
This Act provides consumers protection against the marketing of services and goods
that might be injurious to life or property. It also provides consumers the right to
have accurate information about a product or service's quantity, purity, quality,
standard and potency. There should be a competitive price at which goods and
services should be offered to the consumers.

Defective Goods

A consumer having possession of a product which is defective can seek recompense

from a jurisdictional Consumer Forum. This forum would need the manufacturer to
come over the defect, give a replacement product, and refund the consumer's
money or should pay compensation for the defect cause loss or any injury to the
consumer. In case the product found is hazardous, then the forum may order the
manufacturer for desisting in its manufacture.

Consumer Protection Act 1986

Enacted in 1986 by an Act of the Parliament of India, Consumer Protection Act
remains a valuable aspect for study in the context of Indian consumers rights or
interests. This Act plays pivotal role to develop provision with an aim to establish
various consumer councils especially the authorities of similar nature to ensure that
consumers disputes are settled comprehensively for the best possible resolution of
matters associated with them.

Consumer Protection Council

There is provision for national, state and district level establishment of Consumer
Protection Councils with an aim to develop awareness amongst the consumers.

Central Consumer Protection Council

The Central Government establishes it with the involvement of following members
in its team:

Council Chairman is the Minister of Consumer Affairs of Government of India

Some members as prescribed representing official and non-official members

and who are very much in line with the specific interests and approaches.

State Consumer Protection Council

Any Indian State Government can establish it through the following members in its
team:

State Governments Minister in Charge of Consumer Affairs to serve as

Chairman of Council.

Rest team members comprise of officials and non-officials selected from

those with expertise in similar areas of interest for whom State Government does
recommendations for selection.

The Central Government might nominate at least ten such members in its
discretion for the representation of official or non-official members of similar
nature.

Such councils established on State Levels are bound to meet for possible solutions
whenever necessities occur. They must meet at least twice a year without any
failure.

http://www.consumerrights.org.in/consumer-protection-act-1986.htm accessed on 1st Sept 2015

LAWS OF HUMAN RIGHTS

What are human rights?
In order to live with dignity certain basic rights and freedoms are necessary, which
all Human beings are entitled to, these basic rights are called Human Rights
Human rights demand recognition and respect for the inherent dignity to ensure
that everyone is protected against abuses which undermine their dignity, and give
the opportunities they need to realize their full potential, free from discrimination.
Human rights include civil and political rights, such as:
# The right to freedom of expression
# The right to freedom of religion or conscience
# The right to property
# The right to freedom of assembly
# The right to privacy
# The right to vote.
Human rights also cover economic and social rights, such as:
# The right to an adequate standard of living
# The right to adequate food, housing, water and sanitation
# The rights you have at work
# The right to education.
Human rights belong to everyone, everywhere, regardless of nationality, sexuality,
gender, race, religion or age. The foundation of modern human rights is
the Universal Declaration of Human Rights (UDHR). The 30 articles of the
Declaration were adopted in 1948 by the United Nations General Assembly, and
over time these have been integrated into national laws and international treaties.
The core values of the UDHR - human dignity, fairness, equality, non-discrimination
- apply to everyone, everywhere.

Short title, extent and commencement

(1) This Act may be called the Protection of Human Rights Act, 1993.
(2) It extends to the whole of India.
Provided that it shall apply to the State of Jammu and Kashmir only in so far as it
pertains to the matters relatable to any of the entries enumerated in List I or List lll
in the Seventh Schedule to the Constitution as applicable to that State.
(3) It shall be deemed to have come into force on the 28th day of September, 1993.
CHILD LABOUR ACTS
THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 (ACT NO. 61 OF
1986)
An Act to prohibit the engagement of children in certain employments and to
regulate the
conditions of work of children in certain other employments.
Be it enacted by Parliament in the Thirty-Seventh Year of the Republic of India as
follows: -1. Short title, extent and commencement.
(1) This Act may be called the Child
Labour (Prohibition and Regulation) Act, 1986.
(2) It extends to the whole of India.
(3) The provisions of this Act, other than Part III, shall come into force at once, and
Part III shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed
for different States and for different classes of establishments.
OBJECT:
To prohibit the engagement of children in certain employments and to
regulate the conditions of work or children in certain other employments.
DEFENITION:
Child: Child means a person who has not completed his fourteen years of age.

WOMENS RIGHTS
The principle of gender equality is enshrined in the Indian Constitution in its
Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The
Constitution not only grants equality to women, but also empowers the State to
adopt measures of positive discrimination in favour of women. Within the framework
of a democratic polity, our laws, development policies, Plans and programmes have
aimed at womens advancement in different spheres. India has also ratified various
international conventions and human rights instruments committing to secure equal
rights of women. Key among them is the ratification of the Convention on
Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.
CONSTITUTIONAL PROVISIONS
The Constitution of India not only grants equality to women but also empowers the
State to adopt measures of positive discrimination in favour of women for
neutralizing the cumulative socio economic, education and political disadvantages
faced by them. Fundamental Rights, among others, ensure equality before the law
and equal protection of law; prohibits discrimination against any citizen on grounds
of religion, race, caste, sex or place of birth, and guarantee equality of opportunity
to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a),
39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.
Constitutional Privileges
(i)

Equality before law for women (Article 14)

(ii)

The State not to discriminate against any citizen on grounds only of

religion, race, caste, sex, place of birth or any of them (Article 15
(i))

(iii)

The State to make any special provision in favour of women and

children (Article 15 (3))

(iv)

Equality of opportunity for all citizens in matters relating to

employment or appointment to any office under the State (Article
16)

(v)

The State to direct its policy towards securing for men and women
equally the right to an adequate means of livelihood (Article 39(a));
and equal pay for equal work for both men and women (Article
39(d))

(vi)

To promote justice, on a basis of equal opportunity and to provide

free legal aid by suitable legislation or scheme or in any other way
to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities (Article 39 A)

(vii)

The State to make provision for securing just and humane

conditions of work and for maternity relief (Article 42)

(viii)

The State to promote with special care the educational and

economic interests of the weaker sections of the people and to
protect them from social injustice and all forms of exploitation
(Article 46)

(ix)

The State to raise the level of nutrition and the standard of living of
its people (Article 47)

(x)

To promote harmony and the spirit of common brotherhood

amongst all the people of India and to renounce practices
derogatory to the dignity of women (Article 51(A) (e))

(xi)

Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in
every Panchayat to be reserved for women and such seats to be
allotted by rotation to different constituencies in a Panchayat
(Article 243 D(3))

(xii)

Not less than one- third of the total number of offices of

Chairpersons in the Panchayats at each level to be reserved for
women (Article 243 D (4))

(xiii)

Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in

every Municipality to be reserved for women and such seats to be

allotted by rotation to different constituencies in a Municipality
(Article 243 T (3))
(xiv)

Reservation of offices of Chairpersons in Municipalities for the

Scheduled Castes, the Scheduled Tribes and women in such manner
as the legislature of a State may by law provide (Article 243 T (4))

LEGAL PROVISIONS
To uphold the Constitutional mandate, the State has enacted various legislative
measures intended to ensure equal rights, to counter social discrimination and
various forms of violence and atrocities and to provide support services especially
to working women.
Although women may be victims of any of the crimes such as 'Murder', 'Robbery',
'Cheating' etc, the crimes, which are directed specifically against women, are
characterized as 'Crime against Women'. These are broadly classified under two
categories.
The Crimes Identified Under the Indian Penal Code (IPC)
Rape (Sec. 376 IPC)
Kidnapping & Abduction for different purposes ( Sec. 363-373)
Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
Torture, both mental and physical (Sec. 498-A IPC)
Molestation (Sec. 354 IPC)
Sexual Harassment (Sec. 509 IPC)
Importation of girls (up to 21 years of age)
The Crimes identified under the Special Laws (SLL)
Although all laws are not gender specific, the provisions of law affecting women
significantly have been reviewed periodically and amendments carried out to keep

pace with the emerging requirements. Some acts which have special provisions to
safeguard women and their interests are:
The Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956 with amendment in 2005
Immoral Traffic (Prevention) Act, 1956
The Maternity Benefit Act, 1961 (Amended in 1995)
Dowry Prohibition Act, 1961
The Medical Termination of Pregnancy Act, 1971
The Contract Labour (Regulation and Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Prohibition of Child Marriage Act, 2006
The Criminal Law (Amendment) Act, 1983
The Factories (Amendment) Act, 1986
Indecent Representation of Women (Prohibition) Act, 1986
Commission of Sati (Prevention) Act, 1987
The Protection of Women from Domestic Violence Act, 2005
SPECIAL INITIATIVES FOR WOMEN
National Commission for Women
In January 1992, the Government set-up this statutory body with a specific mandate
to study and monitor all matters relating to the constitutional and legal safeguards
provided for women, review the existing legislation to suggest amendments
wherever necessary, etc.
Reservation for Women in Local Self -Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure onethird of the total seats for women in all elected offices in local bodies whether in
rural areas or urban areas.

The National Plan of Action for the Girl Child (1991-2000)

The plan of Action is to ensure survival, protection and development of the girl child
with the ultimate objective of building up a better future for the girl child.
National Policy for the Empowerment of Women, 2001
The Department of Women & Child Development in the Ministry of Human Resource
Development has prepared a National Policy for the Empowerment of Women in
the year 2001. The goal of this policy is to bring about the advancement,
development and empowerment of women.

UNIT IV
CYBER LAW OF INDIA :
INTRODUCTION
Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation
and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a
gamut of new age crimes that are addressed by the Information Technology Act, 2000.

Cyber crimes can be categorized in two ways

The Computer as a Target :-using a computer to attack other computers.
e.g. Hacking, Virus/Worm attacks, DOS attack etc.
The computer as a weapon :-using a computer to commit real world crimes.
e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.
Cyber Crime regulated by Cyber Laws or Internet Laws.
Technical Aspects
Technological advancements have created new possibilities for criminal activity, in particular the criminal misuse
of information technologies such as

a. Unauthorized access & Hacking:Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function
resources of a computer, computer system or computer network.
Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner
or the person in charge of a computer, computer system or computer network.
Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use readymade computer programs to attack the target computer. They possess the desire to destruct and they get the kick
out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card
information, transferring money from various bank accounts to their own account followed by withdrawal of
money.
By hacking web server taking control on another persons website called as web hijacking
b. Trojan Attack:The program that act like something useful but do the things that are quiet damping. The programs of this kind are
called as Trojans.
The name Trojan Horse is popular.
Trojans come in two parts, a Client part and a Server part. When the victim (unknowingly) runs the server on its
machine, the attacker will then use the Client to connect to the Server and start using the trojan.
TCP/IP protocol is the usual protocol type used for communications, but some functions of the trojans use the UDP
protocol as well.

c. Virus and Worm attack:A program that has capability to infect other programs and make copies of itself and spread into other programs is
called virus.
Programs that multiply like viruses but spread from computer to computer are called as worms.
d. E-mail & IRC related crimes:-

1. Email spoofing
Email spoofing refers to email that appears to have been originated from one source when it was actually sent
from another source. Please Read
2. Email Spamming
Email "spamming" refers to sending email to thousands and thousands of users - similar to a chain letter.
3 Sending malicious codes through email
E-mails are used to send viruses, Trojans etc through emails as an attachment or by sending a link of website which
on visiting downloads malicious code.
4. Email bombing
E-mail "bombing" is characterized by abusers repeatedly sending an identical email message to a particular
address.
5. Sending threatening emails
6. Defamatory emails
7. Email frauds
8. IRC related
Three main ways to attack IRC are: "verbal8218;?#8220; attacks, clone attacks, and flood attacks.
e. Denial of Service attacks:Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby
denying access of service to authorized users.

HACKERS

In the computer security context, a hacker is someone who seeks and exploits weaknesses in a computer
system or computer network. Hackers may be motivated by a multitude of reasons, such as profit, protest,
challenge, enjoyment, or to evaluate those weaknesses to assist in removing them. The subculture that has

evolved around hackers is often referred to as the computer underground and is now a known community. While
other uses of the word hacker exist that are related to computer security, such as referring to someone with an
advanced understanding of computers and computer networks, they are rarely used in mainstream context.
[citation needed] They are subject to the longstanding hacker definition controversy about the term's true
meaning. In this controversy, the term hacker is reclaimed by computer programmers who argue that someone who
breaks into computers, whether computer criminal (black hats) or computer security expert (white hats), is more
appropriately called a cracker instead. Some white hat hackers [who?] claim that they also deserve the
title hacker, and that only black hats should be called "crackers".

A white hat hacker, also rendered as ethical hacker, is, in the realm of information technology, a person who is
ethically opposed to the abuse of computer systems. Realization that the Internet now represents human voices
from around the world has made the defense of its integrity an important pastime for many. A white hat generally
focuses on securing IT systems, whereas a black hat (the opposite) would like to break into them.
Terminology
The term white hat hacker is also often used to describe those who attempt to break into systems or networks in
order to help the owners of the system by making them aware of security flaws, or to perform some other
altruistic activity. Many such people are employed by computer security companies; these professionals are
sometimes called sneakers. Groups of these people are often called tiger teams.
A black hat is a person who compromises the security of a computer system without permission from an authorized
party, typically with malicious intent. The term white hat is used for a person who is ethically opposed to the
abuse of computer systems, but is frequently no less skilled. The term cracker was coined by Richard Stallman to
provide an alternative to using the existing word hacker for this meaning.[1] The somewhat similar activity of
defeating copy prevention devices in software which may or may not be legal in a country's laws is actually
software cracking.

Grey hat
A grey hat hacker lies between a black hat and a white hat hacker. A grey hat hacker may surf the Internet and
hack into a computer system for the sole purpose of notifying the administrator that their system has a security
defect, for example. They may then offer to correct the defect for a fee. [18] Grey hat hackers sometimes find the
defect of a system and publish the facts to the world instead of a group of people. Even though grey hat hackers
may not necessarily perform hacking for their personal gain, unauthorized access to a system can be considered
illegal and unethical.

Elite hacker
A social status among hackers, elite is used to describe the most skilled. Newly discovered exploits circulate
among these hackers. Elite groups such as Masters of Deception conferred a kind of credibility on their members.

Script kiddie
A script kiddie (also known as a skid or skiddie) is an unskilled hacker who breaks into computer systems by using
automated tools written by others (usually by other black hat hackers), hence the term script (i.e. a prearranged
plan or set of activities) kiddie (i.e. kid, childan individual lacking knowledge and experience, immature), usually
with little understanding of the underlying concept.

Neophyte
A neophyte ("newbie", or "noob") is someone who is new to hacking or phreaking and has almost no knowledge or
experience of the workings of technology and hacking.

Blue hat
A blue hat hacker is someone outside computer security consulting firms who is used to bug-test a system prior to
its launch, looking for exploits so they can be closed. Microsoft also uses the term BlueHat to represent a series of
security briefing events.

Hacktivist
A hacktivist is a hacker who utilizes technology to publicize a social, ideological, religious or political message.
Hacktivism can be divided into two main groups:

Nation state
Intelligence agencies and cyberwarfare operatives of nation states.

Organized criminal gangs

Groups of hackers that carry out organized criminal activities for profit.

CYBER TERRORISM

Cyberterrorism Activities involving website defacement or denial-of-service attacks; and,

Freedom of information Making information that is not public, or is public in non-machine-readable formats,
accessible to the public.

There is a lot of misinterpretation in the definition cyber-terrorism, the word consisting of familiar "cyber" and less
familiar "terrorism". While "cyber" is anything related to our tool of trade, terrorism by nature is difficult to
define. Even the U.S. government cannot agree on one single definition. The old maxim, "One man's terrorist is
another man's freedom fighter" is still alive and well.

CYBER STALKING
Cyberstalking is a crime in which the attacker harasses a victim using electronic communication, such as email or instant messaging (IM), or messages posted to a Web site or a discussion group. A cyberstalker relies upon
the anonymity afforded by the Internet to allow them to stalk their victim without being detected. Cyberstalking
messages differ from ordinary spam in that a cyberstalker targets a specific victim with often threatening
messages, while the spammer targets a multitude of recipients with simply annoying messages.

SPAMMING
The sending of multiple unsolicited e-mails or text messages, usually for marketing purposes.

Spamming is

the sending of an unsolicited email. What this means is that you send an email,
generally an ad of some sort, to someone who has not requested to receive that
information from you.

CRYPTOGRAPHY
Cryptography is a method of storing and transmitting data in a particular form so
that only those for whom it is intended can read and process it.
Cryptography is closely related to the disciplines of cryptology and cryptanalysis.
Cryptography includes techniques such as microdots, merging words with images,
and other ways to hide information in storage or transit. However, in today's
computer-centric

world,

cryptography

scrambling plaintext (ordinary

text,

is

most

sometimes

often

referred

associated
to

as

with

cleartext)

intociphertext (a process called encryption), then back again (known as decryption).

Individuals who practice this field are known as cryptographers.
Modern cryptography concerns itself with the following four objectives:
1) Confidentiality (the information cannot be understood by anyone for whom it was
unintended)
2) Integrity (the information cannot be altered in storage or transit between sender
and intended receiver without the alteration being detected)
3) Non-repudiation (the creator/sender of the information cannot deny at a later
stage his or her intentions in the creation or transmission of the information)
4) Authentication (the sender and receiver can confirm each other?s identity and
the origin/destination of the information)
DIGITAL SIGNATURE
A digital signature (not to be confused with a digital certificate) is a mathematical
technique used to validate the authenticity and integrity of a message, software or
digital document.
The digital equivalent of a handwritten signature or stamped seal, but offering far
more inherent security, a digital signature is intended to solve the problem of
tampering and impersonation in digital communications. Digital signatures can
provide the added assurances of evidence to origin, identity and status of an
electronic document, transaction or message, as well as acknowledging informed
consent by the signer.

In many countries, including the United States, digital signatures have the same
legal significance as the more traditional forms of signed documents. The United
States Government Printing Office publishes electronic versions of the budget,
public and private laws, and congressional bills with digital signatures.
A digital signature (not to be confused with a digital certificate) is a mathematical
technique used to validate the authenticity and integrity of a message, software or
digital document.
The digital equivalent of a handwritten signature or stamped seal, but offering far
more inherent security, a digital signature is intended to solve the problem of
tampering and impersonation in digital communications. Digital signatures can
provide the added assurances of evidence to origin, identity and status of an
electronic document, transaction or message, as well as acknowledging informed
consent by the signer.
In many countries, including the United States, digital signatures have the same
legal significance as the more traditional forms of signed documents. The United
States Government Printing Office publishes electronic versions of the budget,
public and private laws, and congressional bills with digital signatures.
Digital signatures are based on public key cryptography, also known as asymmetric
cryptography. Using a public key algorithm such as RSA, one can generate two keys
that are mathematically linked: one private and one public. To create a digital
signature, signing software (such as an email program) creates a one-way hash of
the electronic data to be signed. The private key is then used to encrypt the hash.
The encrypted hash -- along with other information, such as the hashing algorithm -is the digital signature. The reason for encrypting the hash instead of the entire
message or document is that a hash function can convert an arbitrary input into a
fixed length value, which is usually much shorter. This saves time since hashing is
much faster than signing.

COMPUTER VIRUSES
Computer viruses are small software programs that are designed to spread from
one computer to another and to interfere with computer operation.
What do computer viruses do?
Through the course of using the Internet and your computer, you may have come in
to contact with computer viruses. Many computer viruses are stopped before they
can start, but there is still an ever growing concern as to what do computer viruses
do and the list of common computer virus symptoms. A computer virus might
corrupt or delete data on your computer, use your email program to spread itself to
other computers, or even erase everything on your hard disk.
Computer viruses are often spread by attachments in email messages or instant
messaging messages. That is why it is essential that you never open email
attachments unless you know who it's from and you are expecting it.
Viruses can be disguised as attachments of funny images, greeting cards, or audio
and video files.
Computer viruses also spread through downloads on the Internet. They can be
hidden in illicit software or other files or programs you might download.
To help avoid computer viruses, it's essential that you keep your computer current
with the latest updates and antivirus tools, stay informed about recent threats, run
your computer as a standard user (not as administrator), and that you follow a few
basic rules when you surf the Internet, download files, and open attachments.
Once a virus is on your computer, its type or the method it used to get there is not
as important as removing it and preventing further infection.
CHILD PORNOGRAPHY

Child pornography is defined as any visual depiction of sexually explicit conduct

involving a minor (someone under 18 years of age). Visual depictions include
photographs, videos, digital or computer generated images indistinguishable from
an actual minor. Electronically stored data that can be converted into a visual image
of child pornography is also deemed illegal.
Another word for child pornography, child sexual abuse imagery is the term that
those working to put an end to this horrific crime have begun using instead of child
pornography. Child sexual abuse imagery is a more widely encompassing term, and
refers to content that depicts sexually explicit activities involving a child. Child
sexual abuse images and videos are most often documented with the purpose of
being shared widely for others to watch, and in so doing, victimizing the child many
times over.
Child pornography in India is illegal. In February 2009, the Parliament of
India passed the Information Technology (Amendment) Bill which made creation and
transmission of child pornography illegal. The bill also enables India's law
enforcement agencies to take action against those seeking child pornography. For
example, browsing for child pornography on the internet can lead to a 5-year term
in imprisonment and fine.

PRIVACY AND CYBER CRIME

Cyber crimes can involve criminal activities that are traditional in nature, such as
theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian
Penal Code. The abuse of computers has also given birth to a gamut of new age
crimes that are addressed by the Information Technology Act, 2000.
ELECTRONIC GOVERNANCE

Section 4 of the Indian IT Act, 2000 confers legal recognition to electronic records
.Paper based documents are equated with electronic records so long as they are
made available in electronic form and are accessible so as to be usable for a
subsequent reference. Section 5 confers legal recognition to digital signatures and
equates it with handwritten signatures. The authentication of such digital signatures

will be ensured by means of digital signatures affixed in such manner as the Central
Government prescribes.
Section 6 aims to eliminate red tapism and promote use of electronic records and
digital signatures in Government and its agencies. It provides for filing documents
online

with

governmental

authorities,

grant

of

licenses

/approvals

and

receipt/payment of money. Section 7 allows retention of electronic records akin to

paper based records to fulfill legal requirement of retention of records.
In case of the electronic as well as the traditionally printed gazette, it is stipulated
that publication of rules, regulations and notifications in the Electronic Gazette shall
also be legally recognized. Therefore, where the publication of any rule, regulation,
byelaw and notification is required to be published in the Official Gazette, such
requirement is satisfied if the same is published electronically. Further, where such
Official Gazette is published in both electronic as well as printed form, the date of
publication shall be the date of publication of the Official Gazette that was first
published, whatever may be the form. At the same time, no person can insist on
electronic filing of returns or records, as the Government needs sufficient time to set
up set infrastructure facilities that will enable them to conduct electronic
transactions in the future.

The Central Government has been conferred with the power to make rules in
respect of Digital Signature, interalia, the type, manner, format in which digital
signature is to be affixed and procedure of the way in which the digital signature is
to be processed

CYBER PLAGIARISM
Cyber plagiarism occurs when a person uses internet technology to locate, copy,
and submit the work of another without citing the source of information. With
greater access to Internet and it resources, the 21st Century learner can quickly
locate information and cut and paste that information into their own documents.

UNIT V
INFORMATION SOCIETY
By the turn of the millennium the use of the concept information society had
already become widespread and was not only an everyday term in the social
science vocabulary but was a term preferred by those involved in political planning,
political marketing and in the world of business. In addition, it had triumphantly
penetrated the language of the written and electronic media. However, it is exactly
because of this sudden popularity that the content(s) of the expression has become
diluted, and its use is now laden with contradictions and vagueness. What is
more, some overambitious counter concepts have been proposed. If there were a
generally accepted interpretation or definition based on the best arguments in the
professional and scientific literature of information society, it might be easier to
clarify the contentious questions and to restructure the sphere of problems that has
become increasingly chaotic. However, there are numerous information society
theories stemming from different areas of science built on diverging traditions.
Thus, instead of a systematization based on shared or common codes there is a
constant battle going on between individual and original information society
concepts.
The situation is exacerbated further by the concept of the information society
having developed separately from the very outset from that empirical Reality which
is information society, and when it was finally connected through numerous
alternative expressions it was already public ally accepted. This is why information
society studies became established at a very late stage, just before the turn of the
millennium, with one of its first tasks being to carry out a satisfactory logical
systematisation in regard to the subject explored. All this could be the basis for
serious professional discussions and debates and for the result to inform current
higher education curricula.
In the case of a highly abstract concept such as the information society short
definitions may emphasize
completely different aspects while one of the dimensions of the group of
phenomena of information and knowledge is the central element of organization.
We have chosen the following definitions from among fifty others:

 A society that organizes itself around knowledge in the interest of social control,
and the management
of innovation and change... (Daniel Bell)
A new type of society, where the possession of information (and not material
wealth) is the driving
force behind its transformation and development [] (and where) human
intellectual creativity flourishes. (Yoneji Masuda)
The information society is an economic reality and not simply a mental abstraction
...The slow
spread/dissemination of information ends [] new activities, operations and
products gradually
come to light. (John Naisbitt)
A society where [] information is used as an economic resource, the community
harnesses/exploits
it, and behind it all an industry develops which produces the necessary
information ... (Nick Moore)
A social structure based on the free creation, distribution, access and use of
information and knowledge [] the globalisation of various fields of life.
((Hungarian) National Strategy of Informatics, 1995)
A new type of society in which humanity has the opportunity to lead a new way of
life, to have a
higher standard of living, accomplish better work, and to play a better role in
society thanks to the
global use of information and telecommunication technologies. (Bla Murnyi)
INFORMATION LEGAL PRACTICES
Information law barristers work on cases that concern freedom of information, data
protection, human rights, confidentiality and privacy
A typical freedom of information case begins with a request to a public authority for
information. If that information is withheld, the requester can complain to the
Information Commissioner and both parties (the requester and the public authority)
have a right of appeal to a tribunal. Most tribunal hearings last for a day, with

witnesses giving evidence about the nature of the information requested and about
the public interests in withholding it or disclosing it.

The requester can be anyone an individual with a particular interest in a topic, a

journalist or a campaign group, for example. The other parties are the public
authority which has refused to disclose the information and, often, the Information
Commissioner. Unusually for a court, there are closed sessions where the disputed
information is considered without the requester present.

Data protection cases, on the other hand, are about ensuring that an individuals
personal data is stored and used fairly by third parties (in both the public and
private sectors). The Data Protection Act 1998 is used by individuals to get copies of
information held about them, to correct inaccurate information, to stop third parties
from continuing to hold personal information unnecessarily and (in limited
circumstances) to seek damages. Hearings take place in the county court or high
court.

Barristers in this area tend to also have a general public law practice, although a
few specialise almost entirely in information law. With preparation for hearings,
drafting documents and interesting advisory work to be done, you may spend about
a quarter of your time in court, and hearings can take place across the country.
Compared to some other areas of law, the work/life balance is fairly sensible,
although there will be the occasional urgent case and some evening and weekend
working in order to keep on top of everything.

THEFT OF INFORMATION
There have been a growing number of cases of information theft over the past few
years. While more and more electronic security measures have been going up to

protect people's possessions and information, these new technologies have bugs
and design flaws that are opening up whole new worlds for the technologically
advanced criminal.
Credit Card Number Theft
People are using credit cards for more and more of their purchases as time goes on.
This is opening up a larger and larger arena for credit card fraud. Credit cards are
especially easy to use fraudulently, because they require no extra identification
number to use. All that a thief needs is pure information-they don't need the card,
but just the number on the card. Recently, with people spending more on purchases
transacted over the internet, credit card fraud is becoming easier. Now thieves
never have to get within 5,000 miles of the people they are stealing from. All they
would need is a quick and dirty web site (which could be hosted for free, and
anonymously) advertising some fictional product, and including a form for buying
online. Instantly the perpetrators would have a list of credit card numbers linked
with names and mailing addresses, ready to use for anything they want.
ATM Spoofing
These crooks have pulled some impressively intricate heists. One group of criminals
set up a complete fake ATM machine inside a mall in Connecticut.. It looked and
worked just like a real one, except that after giving it your card and typing in your
pin, it would refuse you service saying it was out of order. It then had a record of the
card and PIN numbers of all the people who tried to use the machine.
PIN Capturing
Another group of criminals scoured the area across the street from a busy ATM,
looking for the perfect spot to hide a video camera aimed at the keys on the ATM
machine. They found such a spot and set up their camera. After each successful PIN
number identification that they recorded, one of the group members would go
check for a discarded receipt at the ATM. If they found one, the group had the card
number and the PIN number.

Database Theft

The previous criminal activities are all aimed at compiling databases of information
obtained fraudulently from people one by one. This takes time, and these people
only have limited amounts of time before their operations will be recognized and
shut down. This limits the number of people whose information these criminals can
obtain. There are, however, large databases of this kind of information that have
been built up slowly and legally by mild-mannered, legitimate internet companies.
For example, BMG Music Service lets customers give their credit card numbers when
they sign up, so they don't need to bother each time they make a purchase. There
are thousands of users of this service, many of whom likely use this feature.
Combine this with the fact that hundreds of computer systems are hacked into
every day, and we have a situation where hackers could steal an industrial-sized
database of this kind of information, and run wild.
Electronic Cash
We are already well on the way to a cash-free society. People now use ATM cards,
credit cards, and check-cards for a large percentage of their purchasing. As we
move further from a paper-money society, to a purely electronic economy, new
types of crime will emerge.
SCOPE OF DATA PROTECTION
The Privacy (Protection) Bill, 2013 ("Bill") does not provide any definition of
"privacy"; however, it focuses on the protection of personal and sensitive personal
data of persons. This Bill shall have an overriding effect on all existing provisions
directly or remotely related to privacy as section 3 provides that "no person shall
collect, store, process, disclose or otherwise handle any personal data of another
person except in accordance with the provisions of this Act an d any rules made
thereunder." However, it provides an exception to this rule under section 4 by
stating that "nothing in this Act shall apply to the collection, storage, processing or
disclosure of personal data for personal or domestic use."
This article attempts to understand the proposed new legislation in the offing and
examine if it will serve the purpose of the day and age when privacy concerns are
violated everyday in social media and public places. Even the government projects
like UIDAI that is collecting sensitive personal data of citizens have not been able to
ensure protection of privacy.

1. The domain of personal data

"Personal data" has been described to mean any data, which relates to a natural
person if that person can, whether directly or indirectly in conjunction with any
other data, be identified from it and includes sensitive personal data. Sensitive
personal data are the personal data as to the data subject's:
(i) Biometric data;
(ii) Deoxyribonucleic acid data;
(iii) Sexual preferences and practices;
(iv) Medical history and health;
(v) Political affiliation;
(vi) Commission, or alleged commission, of any offence;
(vii) Ethnicity, religion, race or caste; and
(viii) Financial and credit information.
This definition is different from the definition provided under The Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules, 2011 that came into effect from April 13, 2011. Though
the reasons for difference are unknown, yet the ambit of sensitive personal data has
been enhanced, which is a good step. However, it does not seem logical why a
person would generally keep political affiliation and caste and religion details
sensitive and personal.
2. Protection of personal data
There are specific provisions related to collection, storage, processing, transfer,
security, confidentiality, and disclosure of sensitive personal data in the Bill.
Consent of the data provider is a must for undertaking all the aforesaid activities.
However, there are several exceptions to this rule, which are as follows:
(i) Personal data may be collected without the prior consent of the data subject if it
is:
(a) necessary for the provision of an emergency medical service to the data
subject;
(b) required for the establishment of the identity of the data subject and the
collection is authorized by a law in this regard;

(c) necessary to prevent a reasonable threat to national security, defense or

public order; or
(d) necessary to prevent, investigate or prosecute a cognizable offence.
(ii) Any personal data may be processed for a purpose other than for which it was
collected or received if:
(a) the data subject grants the consent to the processing and only that
personal data that is necessary to achieve the other purpose is processed;
(b) it is necessary to perform a contractual duty to the data subject;
(c) it is necessary to prevent a reasonable threat to national security,
defense or public order; or
(d) it necessary to prevent, investigate or prosecute a cognizable offence.
(iii) Prior to a disclosure of personal data, the data controller or data processor, as
the case may be, seeking to disclose the personal data, shall inform the data
subject of the following details in respect of his personal data, namely:
(a) when it will be disclosed;
(b) the purpose of its disclosure;
(c) the security practices, privacy policies and other policies that will protect
it; and
(d) the procedure for recourse in case of any grievance in relation to it.
In addition to the above requirement of consent, no person shall collect, receive,
store, process or otherwise handle any personal data without implementing
measures, including, but not restricted to, technological, physical and
administrative measures, adequate to secure its confidentiality, secrecy, integrity
and safety, including from theft, loss, damage or destruction. Plus, the data
collector has to ensure the quality, accuracy and the fact that the data is up to date.
Further, for the protection of sensitive personal information the Bill provides that
notwithstanding anything contained in herein and the provisions of any other law for
the time being in force:
(a) no person shall store sensitive personal data for a period longer than is
necessary to achieve the purpose for which it was collected or received, or, if that

purpose has been achieved or ceases to exist for any reason, for any period
following such achievement or cessation;
(b) no person shall process sensitive personal data for a purpose other than the
purpose for which it was collected or received;
(c) no person shall disclose sensitive personal data to another person, or otherwise
cause any other person to come into the possession or control of, the content or
nature of any sensitive personal data, including any other details in respect thereof.
No person shall carry out any surveillance or intercept any communication of
another person without implementing measures, including, but not restricted to,
technological, physical and administrative measures, to secure the confidentiality
and secrecy of all information obtained as a result of the surveillance or interception
of communication, as the case may be, including from theft, loss or unauthorized
disclosure. Any person who carries out any surveillance or interception of any
communication, or who obtains any information, including personal data, as a result
of surveillance or interception of communication, shall be subject to a duty of
confidentiality and secrecy in respect of it.
Every competent organization shall, before the expiry of a period of 100 days from
the enactment of this Bill, designate as many officers as it deems fit as Privacy
Officers who shall be administratively responsible for all interceptions of
communications carried out by that competent organization. No person shall
disclose to any other person, or otherwise cause any other person to come into the
knowledge or possession of, the content or nature of any information, including
personal data, obtained as a result of any surveillance or interception carried out
under this Bill. Notwithstanding anything contained in this section,
(a) if the disclosure of any information, including personal data, obtained as a result
of any surveillance or interception of any communication is necessary to prevent a
reasonable threat to national security, defense or public order, or
(b) prevent, investigate or prosecute a cognizable offence, an authorized officer
may disclose the information, including personal data, to any authorized officer of
any other competent organization.
3. Punishment for offences related to personal data
If someone collects, receives, stores, processes or otherwise handles any personal
data without following the provisions of the Bill, he/she shall be punishable with
imprisonment and may also be liable to fine. The two crucial elements of crime are
mens rea and actus reus. When in an offence it is not necessary to establish mens
rea, they are strict liability offence and are generally the rare crimes. However, this
principle has not been followed in the Bill, wherein a clear reading of the provisions

related to offences provides that violation of the privacy conditions is a strict liability
criminal offence requiring no assessment of either intent or consequence of the
violation. Even the abetment and repeat offences and offences by companies have
been made cognizable and non bailable under the Bill.
When offence is committed by companies, every person who, at the time of the
offence was committed, was in charge of, and was responsible to, the company for
the conduct of the business of the company, as well as the company shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly. However, such person cannot be held liable if he proves that
the offence was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence. So, if it is proved that the
offence has been committed with the consent or connivance of, or is attributable to
any neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall be deemed to be
guilty of that offence, and shall be liable to be proceeded against and punished
accordingly. 6

http://psalegal.com/upload/publication/assocFile/IPR&TechnologyBulletin- IssueXXVIII.pdf?

utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original accessed on 3rd Sep 2015

INFORMATION TECHNOLOGY COPY RIGHT

Copyright is the legal term describing rights given to creators for their literary and artistic works. This includes
literary works such as novels, plays, newspapers, computer programs, databases, films and musical
compositions; and artistic works such as paintings, drawings, photographs and architecture. Alongside these
copyright-protected works, the copyright legal framework also provides protection for certain neighbouring
rights. These rights are similar, although often more limited and of shorter duration. Performing artists,
broadcasting organizations and producers of sound recordings are covered by these rights.

Copyright laws: Copyright Act, 1957 Data extraction involves copying, and hence copyright laws are first
ones that are analysed. Under Section 2 (o) of the Copyright Act, 1957, defines data compilation (or a data set)
as a literary work. Section 14 of the Copyright Act, 1957 further grants several exclusive rights in favour of the
copyright holder (content creator) as the first owner of such copyrighted works (the data compilation / data set)
namely: a. Right to reproduce data including storing it by any electronic means; b. Make copies of data; c.
Adapt data; d. Communicate data to the public; and e. Translation of data

Section 51 of the Copyright Act further provides that a copyright is deemed to be infringed if any of the above
enumerated rights under Section 14 are contravened without the permission of the copyright holder in the
course of trade.
However, there are two areas that should be ascertained before determining infringement. Ownership, and no
fair use exception. It is only the copyright holder / content owner can raise a claim. Hence in the case of a
content aggregator for various users, it is the users who own the copyright and not the content aggregator.
This scenario occurs for websites where users generate the content and the website is merely organizing the
display / formatting of the content. Section 52 of the Copyright Act lists various exceptions to copyright and
care should be taken that the content extracted has not been used under the purposes outlined for fair dealing.
Information Technology Act, 2002, as amended (IT Act): Section 10A of the IT Act provides for Validity of
contracts formed through electronic means Where in a contract formation, the communication of proposals,
the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed
in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable
solely on the ground that such electronic form or means was used for that purpose.
Accordingly clickwrap, browsewrap and other means of contract formation on the internet are covered under
this clause. And most websites provide services to consumers under either of these means for contract
formation. For example, if a person has to accept the terms of service, by clicking I Agree or typing in I
Agree it is commonly known as a clickwrap agreement. Under a browsewrap agreement, a user may
continue to use / browse a content owners website and consent of the user to the terms of the website are
implied because the user continues to browse the website. In India, there are no judicial precedents involving a
browsewrap or clickwrap agreement / contract.
Section 43 of the IT Act provides for a penalty in case a computer system is damages. Section 43 also
provides the relevant definitions to assess damage. The parts relevant to data extraction are reproduced and
highlighted below:
43. Penalty for damage to computer, computer system, etc.- If any person without permission of the
owner or any other person who is in charge of a computer, computer system or computer network,
(a) accesses or secures access to such computer, computer system orcomputer network; (b) downloads,
copies or extracts any data, computer data base information from such computer, computer system or
computer network including information or data held or stored in any removable storage medium;
(c) Introduces or causes to be introduced any computer contaminant or computer virus into any

computer, computer system or computer network; (d) damages or causes to be damaged and computer,
computer system or computer network, data, computer database or any other programmes residing in such
computer, computer system or computer network; (e) disrupts or causes disruption of any computer, computer
system or computer network; (f) denies or causes the denial of access to any person authorised to access any
computer, computer system or computer network by any means; (g, h).
Explanation. For the purposes of this section: (i) computer contaminant means any set of computer
instructions that are designed (a) to modify, destroy, record, transmit data or programme residing within a
computer, computer system or computer network; or (b) by any means to usurp the normal operation of the
computer, compute system, or computer network; (ii) computer database means a representation of
information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or
have been prepare in a formalised manner or have been produced by a computer, computer system or
computer network and are intended for use in a computer, computer system or computer network; (iii)
computer virus means any computer instruction, information, data or programme that destroys,
damages, degrades adversely affects the performance of a computer resources or attaches itself to
another itself to another computer resources and operates when a programme, date or instruction is executed
or some other even takes place in that computer resource; (iv) damage means to destroy, alter, delete, add,
modify or re-arrange any computer resource by any means.
Section 66 of the act provides a punishment for a term extending to three years, or a fine of Rupees Five Lacs,
or both for the acts referred to in Section 43.
In a case where data is extracted, there are, according to the provisions of Section 43, the following infractions:
(a) Accessing or securing access to: computers, computer systems or computer networks; (b) Downloading
from, copying or extracting data, data base information from computers, computer systems or computer
networks;
However, what is problematic is clause (c) as in the absence of any guideline, an argument could be made that
repeated access from a computer system to a content owners database / databases overloads the content
owners database system and computer systems hosting that database. This repeated access could be
defined as a computer contaminant or computer virus. In addition, if a content owner has to separately
provision additional server space, or devote additional severs / resources to cater to the content extractor, then
the content extractor could be considered to be a computer contaminant / virus as the actions of the content
extractor degrade the performance of the servers of the content owner.

There are no precedents under the Indian Information Technology Act that provide guidance as what
constitutes permissible data extraction. Hence terms of use of a website should be followed / adopted before
attempting data extraction. And in the case of doubt, prior permission from a content owner should be taken
before extracting data.

INTELLECTUAL PROPERTY

Intellectual property Right (IPR) is a term used for various legal entitlements which attach to certain types of
information, ideas, or other intangibles in their expressed form. The holder of this legal entitlement is generally
entitled to exercise various exclusive rights in relation to the subject matter of the Intellectual Property. The term
intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that
Intellectual Property rights may be protected at law in the same way as any other form of property. Intellectual
property laws vary from jurisdiction to jurisdiction, such that the acquisition, registration or enforcement of IP
rights must be pursued or obtained separately in each territory of interest. Intellectual property rights (IPR) can
be defined as the rights given to people over the creation of their minds. They usually give the creator an
exclusive right over the use of his/her creations for a certain period of time.
Intellectual property is an intangible creation of the human mind, usually expressed or translated into a tangible
form that is assigned certain rights of property. Examples of intellectual property include an author's copyright
on a book or article, a distinctive logo design representing a soft drink company and its products, unique design
elements of a web site, or a patent on the process to manufacture chewing gum.

What is Intellectual Property Rights? Intellectual property rights (IPR) can be defined as the rights given to
people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her
creations for a certain period of time. Intellectual property (IP) refers to creations of the mind: inventions, literary
and artistic works, and symbols, names, images, and designs used in commerce.

Categories of Intellectual Property One can broadly classify the various forms of IPRs into two categories:
IPRs that stimulate inventive and creative activities (patents, utility models, industrial designs, copyright, plant
breeders rights and layout designs for integrated circuits) and IPRs that offer information to consumers
(trademarks and geographical indications). IPRs in both categories seek to address certain failures of private

markets to provide for an efficient allocation of resources IP is divided into two categories for ease of
understanding:
1.

Industrial Property

2.

. Copyright

Industrial property,
which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and

Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights
related to copyright include those of performing artists in their performances, producers of phonograms in their
recordings, and those of broadcasters in their radio and television programs

Intellectual property shall include the right relating to:

i.

Literary, artistic and scientific works;

ii.

Performance of performing artists;

iii.

Inventions in all fields of human endeavour;

iv.

Scientific discoveries;

v.

Industrial designs;

vi.

Trademarks, service marks and etc;

vii.

Protection against unfair

PATENT

In 1911, the Indian Patents and Designs Act, 1911, (Act II of 1911) was brought in replacing all the previous
legislations on patents and designs. This Act brought patent administration under the management of Controller
of Patents for the first time. This Act was amended in 1920 to provide for entering into reciprocal arrangements
with UK and other countries for securing priority. In 1930, further amendments were made to incorporate, interalia, provisions relating to grant of secret patents, patent of addition, use of invention by Government, powers of
the Controller to rectify register of patent and increase of term of the patent from 14 years to 16 years. In 1945,
another amendment was made to provide for filing of provisional specification and submission of complete

specification within nine months. After Independence, it was felt that the Indian Patents & Designs Act, 1911
was not fulfilling its objective. It was found desirable to enact comprehensive patent law owing to substantial
changes in political and economic conditions in the country.
Accordingly, the Government of India constituted a committee under the Chairmanship of Justice (Dr.) Bakshi
Tek Chand, a retired Judge of Lahore High Court, in 1949, to review the patent law in India in order to ensure
that the patent system is conducive to the national interest. The Committee submitted its interim report on 4th
August, 1949 with recommendations for prevention of misuse or abuse of patent right in India and for
amendments to sections 22, 23 & 13 23A of the Patents & Designs Act, 1911 on the lines of the United
Kingdom Acts of 1919 and 1949. Based on the recommendations of the Committee, the 1911 Act was
amended in 1950 (Act XXXII of 1950) in relation to working of inventions and compulsory licence/revocation. In
1952, an amendment was made to provide compulsory licence in relation to patents in respect of food and
medicines, insecticide, germicide or fungicide and a process for producing substance or any invention relating
to surgical or curative devices, through Act LXX of 1952. The compulsory licence was also available on
notification by the Central Government. Based on the recommendations of the Committee, a bill was introduced
in the Parliament in 1953 (Bill No.59 of 1953). However, the bill lapsed on dissolution of the Lok Sabha. In
1957, the Government of India appointed Justice N. Rajagopala Ayyangar Committee to examine the question
of revision of the Patent Law and advise government accordingly. The report of the Committee, which
comprised of two parts, was submitted in September, 1959. The first part dealt with general aspects of the
patent law and the second part gave detailed note on the several clauses of the lapsed bill of 1953. The first
part also dealt with evils of the patent system and solution with recommendations in regard to the law. The
committee recommended retention of the patent system, despite its shortcomings. This report recommended
major changes in the law which formed the basis of the introduction of the Patents Bill, 1965. This bill was
introduced in the Lok Sabha on 21st September, 1965, which, however, lapsed. In 1967, an amended bill was
introduced which was referred to a Joint Parliamentary Committee and on the final recommendation of the
Committee, the Patents Act, 1970 was passed.

This Act repealed and replaced the 1911 Act so far as the patents law was concerned. However, the 1911 Act
continued to be applicable to designs. Most of the provisions of the 1970 Act were brought into force on 20th
April, 1972 with the publication of the Patents Rules, 1972. This Act remained in force for about 24 years till
December 1994 without any change. An ordinance effecting certain changes in the Act was issued on 31st
December 1994, which ceased to operate after six months. Subsequently, another ordinance was issued in

1999. This ordinance was later replaced by the Patents (Amendment) Act, 1999 that was brought into force 14
retrospectively from 1st January, 1995.

The amended Act provided for filing of applications for product patents in the areas of drugs, pharmaceuticals
and agro chemicals though such patents were not allowed. However, such applications were to be examined
only after 31st December, 2004. Meanwhile, the applicants could be allowed Exclusive Marketing Rights
(EMRs) to sell or distribute these products in India, subject to fulfillment of certain conditions. The second
amendment to the 1970 Act was made through the Patents (Amendment) Act, 2002 (Act 38 0f 2002). This Act
came into force on 20th May, 2003 with the introduction of the new Patents Rules, 2003 by replacing the earlier
Patents Rules, 1972. The third amendment to the Patents Act, 1970 was introduced through the Patents
(Amendment) Ordinance, 2004 with effect from 1st January, 2005. This Ordinance was later replaced by the
Patents (Amendment) Act, 2005 (Act 15 Of 2005) on 4th April, 2005 which was brought into force from 1st
January, 2005.

TRADEMARK

While some form of proprietary protection for marks in India dates back several millennia, Indias statutory
Trademarks Law dates back to 1860. Prior to 1940 there was no official trademark Law in India. Numerous
problems arouse on infringement, law of passing off etc and these were solved by application of section 54 of
the Specific Relief Act, 1877 and the registration was obviously adjudicated by obtaining a declaration as to the
ownership of a trademark under Indian Registration Act 1908. To overcome the aforesaid difficulties the Indian
Trademarks Act was passed in 1940, this corresponded with the English Trademarks Act. After this there was
an increasing need for more protection of Trademarks as there was a major growth in Trade and Commerce.
The replacement to this act was the Trademark and Merchandise Act, 1958. This Act was to provide for
registration and better protection of Trademarks and for prevention of the use of fraudulent marks on
merchandise. This Law also enables the registration of trademarks so that the proprietor of the trademark gets
legal right to the exclusive use of the trademark. The objective of this act was easy registration and better
protection of trademarks and to prevent fraud. 15 The repeal of the Trademarks and Merchandise Act gave rise
to the Trademark Act 1999; this was done by the Government of India so that the Indian Trademark Law is in
compliance with the TRIPS obligation on the recommendation of the World Trade Organisation. The object of

the 1999 Act is to confer the protection to the user of the trademark on his goods and prescribe conditions on
acquisition, and legal remedies for enforcement of trademark rights
7

http://www.caaa.in/Image/34_Hb_on_IPR.pdf accessed on 7th Sep 2015

POLICIES RELEVANT TO INFORMATION TECHNOLOGY COMPANIES IN INDIA

Industrial Approval Policy

The major highlights of Industrial Approval Policy include the following:

Industrial Licensing has been virtually abolished in the Electronics and Information Technology sector
except for manufacturing electronic aerospace and defence equipment.

There is no reservation for public sector enterprises in the Electronics and Information Technology
industry and private sector investment is welcome in every area.

Electronics and Information Technology industry can be set up anywhere in the country, subject to
clearance from the authorities responsible for control of environmental pollution and local zoning and
land use regulations.

Large Industries (where investment in plant and machinery is more than Rs.10 crores) and exempted
from licensing are only required to file information in the prescribed Industrial Entrepreneurs'
Memorandum (IEM) with the Secretariat for Industrial Assistance (SIA), Department of Industrial Policy
and Promotion, Ministry of Commerce & Industry, Government of India and obtain an
acknowledgement. Immediately after the commencement of commercial production, Part B of the IEM
has to be filed. No further approval is required. Forms can be downloaded from the website of the
Department of Industrial Policy and Promotion, Ministry of Commerce & Industry (http://dipp.gov.in).

Small Scale Industries (where investment in plant and machinery is more than Rs.25 lakh but less than
Rs.5 crores) and Medium Industries (where investment in plant and machinery is more than Rs. 5
crores but less than Rs. 10 crores) are required to register with the District Industries Centre (DIC).

Foreign Investment Policy

India welcomes investors in Electronics and IT sector. Government of India is striving to bring greater
transparency in policies and procedures to provide an investor friendly platform.
A foreign company can start operations in India by registration of its company under the Indian Companies Act
1956. Foreign equity in such Indian companies can be upto 100%. At the time of registration it is necessary to
have project details, local partner (if any), structure of the company, its management structure and shareholding
pattern.

A joint venture entails the advantages of established contracts, financial support and distribution-marketing
network of the Indian partner. Approval of foreign investments is through either automatic route or Government
approval.
Government of India facilitates Foreign Direct Investment (FDI) and investment from Non-Resident Indians
(NRIs) including Overseas Corporate Bodies (OCBs), predominantly owned by them to complement and
supplement domestic investment. Foreign technology induction is encouraged both through FDI and through
foreign technology collaboration agreement. Foreign Direct Investment and Foreign technology collaboration
agreements can be approved either through the automatic route under powers delegated to the Reserve Bank
of India (RBI) or otherwise by the Government

Automatic Approval
Foreign Direct Investment upto 100% is allowed under the automatic route from foreign/NRI investor without
prior approval in most of the sectors including the services sector. Foreign Direct Investment in sectors/activities
under automatic route does not require any prior approval either by the Government or RBI (For details please
refer to RBI website at http://www.rbi.org.in). In pursuance of Governments commitment to further liberalise the
Foreign Direct Investment (FDI) regime, all items/activities have been placed under the automatic route for
FDI/NRI and OCB investment, except the following:

All proposals that require an Industrial Licence, which includes:

The item requiring an Industrial Licence under the Industries (Development & Regulation) Act,
1951

Foreign investment being more than 24% in the equity capital of units manufacturing items
reserved for small scale industries

All items which require an industrial licence in terms of the locational policy notified by
Government under the New Industrial Policy of 1991.

All proposals in which the foreign collaborator has a previous venture/tie up in India.

All proposals relating to acquisition of shares in an existing Indian company in favour of a

foreign/NRI/OCB investor.

All proposals falling outside notified sectoral policy/caps or under sector in which FDI is not permitted
and/or whenever any investor chooses to make an application to the FIPB and not to avail of the
automatic route.

Fiscal Policy
The salient features of the Fiscal Policy as applicable to the Electronics Hardware Sector are as follows:

Peak rate of customs duty is 10%. The customs duty on 217 Information Technology Agreement (ITA1) items* is zero%. The Agreement covers the following main categories of products and components:
Computers and peripherals; Telecommunication equipment; Electronic components including
semiconductors; Semiconductor manufacturing equipment; Software and Scientific instruments.

All goods required in the manufacture of ITA-1 items have been exempted from customs duty subject to
Actual user condition.

Customs duty on specified raw materials / inputs used for manufacture of electronic components and
optical fibres and cables is 0%.

Customs duty on specified capital goods used for manufacture of electronic goods is 0%.

Customs duty on LCD Panels and Set Top Box is 5%.

Parts, components and accessories of mobile handsets including cellular phones are exempted from
basic customs duty and excise duty/CVD.

Full exemption from 4% special CVD on parts for manufacture of mobile phones and accessories has
been reintroduced for one year i.e. upto 6.7.2010.

The mean rate of excise duty (CENVAT) is 8%.

Microprocessors, Hard Disc Drives, Floppy Disc Drives, CD ROM Drives, DVD Drives/DVD Writers,
Flash Memory and Combo-Drives are exempted from excise duty.

VAT on IT items is @4% and non-IT electronic items are @12.5%. CST is 2%.

Foreign Trade Policy

In general, all Electronics and IT products are freely importable, with the exception of some defence
related items. All Electronics and IT products, in general, are freely exportable, with the exception of a
small negative list which includes items such as high power microwave tubes, high end super
computer and data processing security equipment.

Second hand capital goods are freely importable.

Zero duty Export Promotion Capital Goods scheme (EPCG) which allows import of capital goods at
zero% customs duty is available to exporters of electronic products. The export obligation under EPCG
Scheme can also be fulfilled by the supply of Information Technology Agreement (ITA-1) items to the
DTA provided the realization is in free foreign exchange.

Special Economic Zones (SEZs) are being set up to enable hassle free manufacturing and trading for
export purposes. Sales from Domestic Tariff Area (DTA) to SEZs are being treated as physical export.

This entitles domestic suppliers to Drawback/ DEPB benefits, CST exemption and Service Tax
exemption.

Supplies of Information Technology Agreement (ITA-1) items and notified zero duty telecom/electronic
items in the Domestic Tariff Area (DTA) by EOU/EHTP/STP/SEZ units are counted for the purpose of
fulfilment of positive Net Foreign Exchange Earnings (NFE).

The

import

of

second

hand

computers

including

personal

computers/

laptops

and

refurbished/reconditioned spares are restricted for import. However, second hand computers, laptops
and computer peripherals including printer, plotter, scanner, monitor, keyboard and storage units can
be imported freely as donations by the following category of donees, subject to the condition that the
goods shall not be used for any commercial purpose and are non-transferable:

Schools run by Central or State Government or a local body

Educational Institution running on non-commercial basis by any organization

Registered Charitable Hospital

Public Library

Public funded Research and Development Establishment

Community Information Centre run by the Central or State Government or local bodies

Adult Education Centre run by Central or State Government or a local body

Organization of the Central or State Government or a Union Territory