PARLIAMENTARY PRIVILEGES UNDER CONSTITUTION AND PRESS
Constituent Assembly: The freedom of press, as one of the members of the Constituent Assembly said, is one of the items around which the greatest and the bitterest of constitutional struggles have been waged in all countries where liberal constitutions prevail. The said freedom is attained at considerable sacrifice and suffering and ultimately it has come to be incorporated in the various written constitutions. James Madison when he offered the Bill of Rights to the Congress in 1789 is reported as having said: ‘The right of freedom of speech is secured, the liberty of the press is expressly declared to be beyond the reach of this Government’. ‘(See 1 Annals of Congress (1789-96) p. 141). Halsbury’s Law of England “Any act or Omission which obstructs any member or officer of the House in the discharge of their duties, or which has a tendency to produce such a result would constitute contempt of legislature” Earl Jowitt, (Lord Chancellor of Great Britain since 1945-51) defines the privilege in the following words, “An exceptional right of advantage, an exemption from some duty, burden or attendance to which certain persons are entitled, from a supposition of the law that the stations they fill or the offices they are engaged in, are such as require all their care, and that therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires”. In his book ‘Law Custom and Constitution’ Anson points out that, “The rules of which they (the privileges) consists are not readily ascertainable, for they obtain legal definition when they are cast in statutory form, or when a conflict between the House and the Courts have resulted in some questions of privilege being settled by judicial decisions”. Unlike England where privileges are uncodified in India its codified in the Constitution in Article 105 and 194. However what constitutes breach is uncodified. “A freedom of such amplitude might involve risks of abuse. But the framers of the Constitution may well have reflected, with Madison who was “the leading spirit in the preparation of the First Amendment of the Federal Constitution,” that “it is better to leave a few of its noxious branches to their luxuriant growth, than, by pruning them away, to injure the vigour of those yielding the proper fruits.”: [Quoted in Near v. Minnesotta] Blackstone in his Commentaries, “the liberty of the press consists in laying no previous restraint upon publications, and not in freedom from censure for criminal matter when published. Every free man has an undoubted right to say what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press.” Fundamental Rights vested under Constitution of India Amongst others inter-alia the Fundamental Rights relating to Freedom of Speech and Liberty are enshrined in Articles 19 to 22. Right to Freedom (Articles 19 – 22) Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as: Freedom of speech Freedom of expression Freedom of assembly without arms Freedom of association […]
Read moreMOTIVE, GUILT, CULPABLE HOMICIDE WHEN PROVED BY CIRCUMSTANTIAL EVIDENCE
Now a days we hear lots about circumstantial evidence in television debate especially in #SushantSinghCase. How prosecution can prove case on basis of Circumstantial Evidence. So let us first see what is legal provisions: Since we are learning about evidence let us understand provisions of Evidence Act, 1872 Section 32 – Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:– (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him. (3) or against interest of maker.-When the statement is against the pecuniary or proprietary interest of the person making it or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages. (4) or gives opinion as to public right or custom, or matters of general interests.-When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen. (5) or relates to existence of relationship.-When the statement relates to the existence of any relationship [by blood, marriage or adoption] between persons as to whose relationship [by blood, marriage or adoption] the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised. (6) or is made in will or deed relating to family affairs.-When the statement relates to the existence of any relationship [by […]
Read moreThe Future of International Courts and Tribunals in The Hague :
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority. What is International Court of Justice (ICJ ) ? The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and it commenced its functions April 1946. For India this year is very important as it was preparing to Draft its Constitution and formed Constituent Assembly in December,1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Out of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Two such courts are presently located at The Hague in the Netherlands are “the International Court of Justice (ICJ)” , and “the International Criminal Court (ICC)”. Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia. Role of ICJ: The Court’s role is to settle legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies as per provisions of its law. Composition of ICJ: The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French. List of international courts Name Scope Years active Subject matter African Court of Justice Africa 2009–present Interpretation of AU treaties African Court on Human and Peoples’ Rights Africa 2006–present Human rights Appellate Body of the World Trade Organization Global 1995–present Trade disputes within the WTO Benelux Court of Justice Benelux 1975–present Trade disputes within Benelux Caribbean Court of Justice Caribbean 2005–present General disputes COMESA Court of Justice Africa 1998–present Trade disputes within COMESA Common Court of Justice and Arbitration of the OHADA Africa 1998–present Interpretation of OHADA treaties and uniform laws Court of Justice of the Andean Community South America 1983–present Trade disputes within CAN Court of the Eurasian Economic Union Former USSR 2015–present Economic disputes and interpretation of treaties within the EAEU East African Courts of Justice Africa 2001–present Interpretation of EAC treaties Eastern Carrabian Supreme Court Caribbean 1967–present General disputes Economic Court of the Commonwealth of Independent States Former USSR 1994–present Economic disputes and interpretation of treaties within the CIS ECOWAS Community Court of Justice Africa 1996–present Interpretation of ECOWAS treaties European […]
Read moreDispute between Australia – New Zealand and Japan over Sothern Bluefin Tuna Case Study
Cause of Action: Australia approached the International Tribunal for the Law of the Sea (‘the Tribunal’) ( ITLOS) to prescribe the provisional measures specified in Australia’s dispute with Japan over Southern Bluefin Tuna (‘SBT’),pending the constitution of an Arbitral Tribunal under Annex VII of UNCLOS (‘the Arbitral Tribunal’). The dispute relates to Japan’s failure to conserve, and to cooperate in the conservation of, the SBT stock, as manifested, inter alia, by its unilateral experimental fishing for SBT in 1998 and 1999. It also included the interpretation and application of certain provisions of UNCLOS. The Arbitral Tribunal were asked to take into account, for the said reasons, the provisions of the 1993 Convention for the Conservation of Southern Bluefin Tuna (‘the 1993 Convention’) and the parties’ practice in relation to that Convention, as well as their obligations under general international law, in particular the precautionary principle. Reasons: Japan’s unilateral experimental fishing for SBT and its lack of cooperation in the conservation and management of SBT which will have the potential to cause serious prejudice to the rights of Australia; Natural environmental changes could combine at any time with the vulnerable state of the resource to cause a further and potentially highly damaging decline to the stock; The reason for requesting provisional measures is that Japan’s current and proposed unilateral actions in relation to SBT, taken in the context of a stock at historically low levels, increase the threat to that stock and undermine the disciplines of the accepted scheme for SBT management; If not addressed by way of provisional measures, the unilateral actions of Japan have the potential to cause serious prejudice to the rights of Australia; This prejudice could not be the subject of adequate remedy in any subsequent decision of the Annex VII Arbitral Tribunal; Pending the constitution of this Arbitral Tribunal under Annex VII of UNCLOS, Australia and New Zealand, on July 30, 1999, each filed a request for the prescription of provisional measures with the International Tribunal for the Law of the Sea (“ITLOS”). Background to the Current Proceedings Southern Bluefin Tuna (Thunnus maccoyi, hereafter sometimes designated “ SBT “) is a migratory species of pelagic fish that is included in the list of highly migratory species set out in Annex I of the United Nations Convention on the Law of the Sea. SBT range widely through the oceans of the Southern Hemisphere, principally the high seas, but they also traverse the exclusive economic zones and territorial waters of some States, notably Australia, New Zealand and South Africa. They spawn in the waters south of Indonesia. The main market for the sale of SBT is in Japan, where the fish is prized as a delicacy for sashimi. Grounds argued and or pleaded: It is common ground between the Parties that commercial harvest of SBT began in the early 1950s and that, in 1961, the global catch peaked at 81,000 metric tons (“mt”). By the early 1980s, the SBT stock had been severely overfished; it was estimated that the parental stock had declined to 23-30% of its 1960 level. In 1982, Australia, New Zealand and Japan began informally […]
Read moreSuicide – Power of State and Center to transfer matter to CBI – Obligations of Courts to protect Fundamental Rights
With alleged Suicide by Sushant Singh Rajput many discussions and debates and view point is expressed by media and other platforms on Power of Central Government to transfer the case to CBI when State Police fails to investigate collect evidence for free and fair trial in the matter. Let us discuss various aspects of this issue in its legal conspectus. Role and Rights of Accused in investigation Union of India and Anr. v. W.N Chadha (1993) Supp. 4 SCC 260, is a judgment which states that the accused has no right to participate in the investigation till process is issued to him, provided there is strict compliance of the requirements of fair investigation Likewise, the judgments in Smt. Nagawwa v. Veeranna Shivalongappa Konjalgi & Ors. (1976) 3 SCC 736, Prabha Mathur and Anr. v. Pramod Aggarwal & Ors., (2008) 9 SCC 469, Narender G. Goel v. State of Maharashtra (2009) 6 SCC 65 and Dinubhai Bhogabhai Solanki v. State of Gujarat & Ors. (2014) 4 SCC 626, which state that the accused has no right to be heard at the stage of investigation, has very little to do with the precise question before us. All these judgments are, therefore, distinguishable. Duty of Police to file F.I.R In Lalita Kumari vs. Govt. of Uttar Pradesh,the question before the Supreme Court was whether a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under section 154 of the Code of Criminal Procedure, 1973 or the police officer has the power to conduct a preliminary inquiry in order to test the veracity of such information before registering the same. It was held that: i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: a) Matrimonial disputes/ family disputes […]
Read moreInternational Centre for Settlement of Investment Disputes (ICSID) Rules,Procedure, and India’s approach
First let us see why ICSID was formed and here we will see Practice, Rules and Jurisdiction of ICSID. With growing economy and globalization some forum was felt necessary to resolve dispute between investor and Host State. ICSID was established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention), is a multilateral international treaty. The ICSID Convention came into force on October 14, 1966. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention. The primary purpose of ICSID is to provide facilities and services to support conciliation and arbitration of international investment disputes. The ICSID is part of and funded by the World Bank Group, and its headquarter is in Washington, D.C., in the United States of America. It is an autonomous, multilateral specialized institution to encourage international investment and ease non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development’s( IBRD) executive directors and signed by member countries. The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members. The Center has an Administrative Council and a Secretariat and maintains a Panel of Conciliators and a Panel of Arbitrators. Unique Features of ICSID Arbitration and conciliation under the Convention is voluntary and require consent of both the investor and State concerned ( Host State) Once such consent is given, it cannot be withdrawn unilaterally and it becomes a binding undertaking. ICSID is an impartial facility, and it does not decide the cases. The independent arbitrators and conciliators appointed to each case and pass award. Organization Structure The President of the Bank is ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no right to vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council. Jurisdiction: Jurisdiction of the ICSID is in Article 25 The term “jurisdiction of the Centre” is used in the Convention as a convenient expression to shall deemed to mean that, the limits within which the provisions of the Convention will apply. The facilities of the Centre will be available for conciliation and arbitration proceedings when its within jurisdiction of ICSID to its members. The jurisdiction of the ICSID extends to any legal dispute arising directly out of an investment, between a Contracting State / Host Sate and an investor/national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. It may be noted that, consent alone doesn’t bring a dispute within its jurisdiction. The jurisdiction of the Centre is further governed by Article 25(1). Article 25 (1) provides that the jurisdiction of ICSID applies to legal disputes arising out of investments. So two basic preconditions which will give ICSID Jurisdiction. The expression “legal dispute” has been used to make clear that while conflicts of rights are within […]
Read moreApplicability of Permit to run Diamond Polishing Unit in Residential Zones U/s 390 of BMC Act, 1888 DCR 1991 and DCPR 2034
Whether the Q Company sought to have obtained a License under Section 390 of B.M.C. Act, 1888? For the ready reference we reproduce below the said Section 390 for your ready reference: “390. Factory of not to be newly established without permission of the Commissioner. (1) No person shall newly establish in any premises any factory, workshop or workplace in which it is intended that stream, water [electrical] or other mechanical power shall be employed, without the previous written permission of the Commissioner, [nor shall any person work, or allow to be worked, any such factory, workshop or workplace without such permission.] (2) The Commissioner may refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop or workplace in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be a nuisance to the inhabitants of the neighbourhood. [(3) If any written permission for the establishment of a factory, workshop or workplace granted under sub-section (1) be revoked by the Commissioner in the exercise of his powers under sub-section (3) of section 479, no person shall continue or resume the working or use of such factory, workshop or workplace until such written permission is renewed or a fresh written permission is granted by the Commissioner.]” The term “factory” is defined under Factory Act, 1948 as under: Factory Act, 1948 Factory: S.2 (m) – “factory” means any premises including the precincts thereof – (i) Whereon 10 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the air of power, or is ordinarily so carried on, or (ii) Whereon 20 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on without the air or power, or is ordinarily so carried on – but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1962), or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place; Explanation I: For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account; Explanation II: For the purpose of this clause, the mere fact than an Electronic Data Processing unit or a computer unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or par thereof. The term `factory’ in its general sense is defined as, “a building or buildings where goods are manufactured or assembled in large quantities”. Workplace is defined as, “the office, factory, etc. where you are employed” Workroom is defined a, “a room in which certain work is done”. Service Industry is defined as, “a sector of Industry providing intangibles, not products”. […]
Read moreOpinion on provisions of recovery of Octroi when not paid on demand or short paid Octroi Rule 25 versus GST Section 73
Following queries were raised in a case for Octroi:- What is the time period for recovery of Octroi not paid or short paid? If adjudicatory proceedings are not completed within a reasonable period, the same are liable to be quashed? Is Municipal Corporation of Greater Mumbai bound to disclose how they have arrived at impugned arrears of octroi and penalty thereon? We will here also discuss provisions of Central Goods and Service Tax of 2017 ( GST) as today octroi is repealed. First let us see provisions of Octroi Facts of the case an example The “A Company” is listed in Bombay Stock Exchange and National Stock Exchange and Company is engaged in the business of manufacturing of garments and retail sale of garments and various other products having Brand name. “A Company” paid octroi on all the articles which are imported by them within the vicinity of Municipal Corporation of Greater Mumbai (“MCGM”) for sale, use and consumption. Somewhere in the year 2014, the MCGM issued a letter for verification of payment of octroi on electronic goods imported / brought into Mumbai from outside Mumbai vide their letter and called upon the Company to furnish the details of import of mobile, laptop, computer from April 2013 to October 2014. By this letter, the MCGM further threatened the “A Company” that non-compliance of the above requisites warrants action as provided in Mumbai Municipal Corporation Act, 1888 (“the MMC Act”) and Octroi Rules framed thereunder including issuance of stop work notices and/or stopping import of material by the “A Company” into Mumbai. Thereafter once again by their letter the MCGM recorded that the Vigilance Cell is investigating verification of payment of octroi on import of goods into the Mumbai limit for use, sale and consumption. “A Company” was called upon to furnish invoices / octroi paid receipt for the relevant period for verification. Thereafter, “A Company” was threatened of legal action and called upon them to furnish necessary documents. “A Company” furnished the documents once again. The MCGM sent Reminder to “A Company” has not submitted receipt nor any relevant documents though the “A Company” has submitted Purchase List. The MCGM once again demanded Godown Register. Finally, by MCGM issued a Demand Notice from the “A Company” We now first deal with the provisions of Constitution of India, prior to 101 Amendment Act 2016 to the Constitution of India on introduction of Goods and Services Tax 2017. Please note that Octroi is now Repealed and Government has said that citizens should not be harassed by Tax department by opening old cases. Article 14 – Equality before law – The State shall not deny to any person equality before the law or the equal protection of the law within the territory of India. – Article – 19 Protection of certain rights regarding freedom of speech, etc. All citizens shall have the right- To freedom of speech and expression; To assemble peaceably and without arms; To form associations or unions; To move freely throughout the territory of India; To reside and settle in any part of the territory of India; [and] to practice […]
Read moreHEIGHT RESTRICTIONS JUDGMENT IN GROUP MATTER OF KALPATARU HITS AND MISSES
This Blog is only limited to the point of law on the basis of which observations are made and order is passed. This is very significant Judgment because the site in question is in the vicinity of International Airport and application of builder is for increase in height as permissible. The case of the Respondent is rejected because the height restrictions were capped on basis of 12th April 2018, draft rules vide Notification No. GSR 365 published by Union of India Respondent in the matter. Another caution is after this order top floors will be sold out and it is the Bank, Flat Purchaser and investors will be the sufferers. This Judgment is certainly giving rise to high rises in the vicinity. The specific statement from the Union of India is must else there are rulings of Supreme Court that, draft rules can be acted upon if there is intention of the Government to implement the same. Para 41 of the said Judgment is an operative part of final Judgment: 41. As already mentioned above, the impugned NOC’s were also based on the decision of the Appellate Committee and not granted in accordance with the provisions of the 2015 Rules. For the reason stated above, we are of the view that the impugned NOC’s have not been issued in accordance with the provisions of the 2015 Rules and are therefore also liable to be quashed and set aside and the Writ Petitions are allowed in terms of prayer (b) but only to the extent of the first part thereof, which seeks quashing of the impugned NOC’s. It is made clear that by this order we are not issuing any direction to the Respondents to issue a revised NOC of any particular height as prayed for in the latter part of prayer (b). Respondent No. 2 will consider the applications for grant of NOC afresh in accordance with the provisions of the 2015 Rules and issue its NOC strictly in accordance with law within a period of four weeks from the date of pronouncement of this Judgment. This is of course, if in the meanwhile, the draft 2018 Rules or any other form of legislation has not been brought into force. If it has, then the grant of NOC will be governed by the new legislation. Case pleaded by Petitioners: Three Writ Petitions that were heard together arise from very similar facts and raise identical issues and are therefore being disposed of by a common order and judgment. Facts: Petitioner, Kalpataru Ltd. Is developing three plots all of which are at Village Kole Kalyan, Santacruz, East. The frst plot, in respect of which the Petitioner is also the owner, is CTS No. 4100 (“Plot No. 1”); the second plot is sub-divided Plot No. A of CTS No. 4106 and 4108 (“Plot No. 2”); and the third plot is sub-divided Plot No. B of CTS No. 4106 and CTS No. 7632 (“Plot No. 3”). Plot Nos. 1, 2 and 3 (hereinafter referred to as the “said Plots”) are at a distance of 2548 meters (Plot No.1), 2439.44 meters (Plot No. 2) and […]
Read moreBanning of 59 Apps by India Law in India and UN Resolutions
29th June,2020 at 8.49 PM Meity released a Press Note banning 59 Chinese App. There was a resounding effect of the said decision internationally.Most of the Countries have supported said ban. https://pib.gov.in/PressReleseDetailm.aspx?PRID=1635206 Now let us see what if the same is challenged in court of Law. Let us see first provisions of Indian Laws Information and Technology Act,2000 is inter-alia concerned law. Section 2 provides for various definitions. Section 2(a) defines term Access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network; Section 69A of the said Act empowers Central Government to block public access of any information it provides as under: 69A. Power to issue directions for blocking for public access of any information through any computer resource.–(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource. (2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed. (3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine. 69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security.–(1) The Central Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. (2) The intermediary or any person in-charge or the computer resource shall, when called upon by the agency which has been authorised under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information. (3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed. (4) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which any extend to three years and shall also be liable to fine. Explanation.–For the purposes of this section,– (i) ―computer contaminant shall have the […]
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