8/15/2019 Indian Caselaws

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Indian case laws.

Pune Citibank Mphasis call cent

er fraud

Some employees of an Indian call center fraudulently transferred US$ 3,!,!!! from the

Citibank account of four US costumers, by dishonestly obtainin" the pin codes of their bank

accounts throu"h internet. #ater on the police froe the account in which the money was

transferred.

%his case illuminates the need of firmin" up the security system of all the companies which

handles such secreti&e information about the citiens. It is &ery important to put a bar on

these kind of cybercrimes as the source of this crime is too remote to trace.

State of %amil 'aidu &. Suhas katti

In this case obscene and defamatory messa"es about a di&orced woman were bein"

e(chan"ed throu"h email and Yahoo messenger. %his further resulted in annoyin" phone calls

to the lady. %he lady filed a complaint and the police successfully traced the accused in

Mumbai throu"h the Internet Protocol address )IP address* of the false email account made

 by him.

+ndhra Pradesh %a( Case

%he i"ilance -epartment of the state raided the house of a plastic firm owner and reco&ered

crores of unaccounted cash. %he accused submitted /!!! &ouchers to pro&e the le"itimacyof the unaccounted cash. %he laptop of the businessman was confiscated and it was

disco&ered that all the &ouchers presented by his were fake. 0is laptop also contained fake

receipts and records which re&ealed that he was runnin" fi&e businesses under the "uise of

one company and used fake electronic records to sa&e ta(.

 'asscom &. +1ay Sood and others.

In a landmark 1ud"ment in the case of 'ational +ssociation of Software and Ser&iceCompanies &s +1ay Sood 2 thers, 0i"h Court declared 4phishin"5 on the internet to be an

ille"al act, entailin" an in1unction and reco&ery of dama"es.6laboratin" on the concept of 5phishin"5, in order to lay down a precedent in India, the courtstated that it is a form of internet fraud where a person pretends to be a le"itimate association,such as a bank or an insurance company in order to e(tract personal data from a customersuch as access codes, passwords, etc. Personal data so collected by misrepresentin" theidentity of the le"itimate party is commonly used for the collectin" party5s ad&anta"e. %hecourt ordered +1ay Sood to pay 7./ million to the plaintiff as dama"es.

%hrou"h this landmark 1ud"ement the court held phishin" as an offence under Indian lawsand held it 8as a misrepresentation made in the course of trade leadin" to confusion as to thesource and ori"in of the email causin" immense harm9.

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