Notes on Ethics and Leadership

I had the opportunity to listen to Venerable Tenzin Priyadarshi give a talk on "Becoming on Extraordinary Leader: Transforming yourself to transform others” at a Manthan event at Saptaparini, Hyderabad. I was really inspired by the way he spoke and decided to take notes for myself. I realized that perhaps others could also benefit from these notes. I am sharing these notes, just to serve as a reminder of what I heard. My intention is to apply my learning from this in my life.

Ven. Priyadarshi started with some history of why business schools in the US began to look at providing ethics training:

·         The financial meltdown lead to criticism of business schools because they are not creating leaders only better managers. It is then that universities started looking at gaps and began to look at what decisions lead to lack of ethics

·         Also because of this criticism, many universities started programs on ethics and initially, these programs were offered so that the university had a better image or for better PR. Early on, business schools only had about three days of “compliance" training in a typical 2-year MBA program.

Some background on how ethics are imparted traditionally:

·         When one looks at overall trajectory of ethics and ethical training, individuals either adhere to ethics as religious rituals or are doing it in dogmatic manner

·         It is also seen that family systems, which were the original way in which ethics were being imparted, are breaking apart.

·         Most schools don't have any ethics training. In places where they do (theoretically) have values education, it is often treated as "free time"

·         Universities had ethics 101 and it's just a boring class where you study history of ethics etc.

·         There are no formal systems for ethics training

·         In professional life, people go through training for learning legal practices but nothing on ethics. One example of that is medical doctors who just learn to legally safeguard themselves.

He went deeper into ethics:

·         Most civic societies have tried to have some systems but no one has tried to train in ethics

·         Mechanisms of prescriptive methods don't work. Places where moral codes and things such as good habits vs. bad habits are dictated often fail.

Then he began asking, why even be ethical?

·         In any complex system one of the ways you build consensus is when people have respect for one and other

·         When any organizational systems are studied, more values if placed on them when people in these organizations are willing to work together

·         He gave an example of a colleague who studied drug cartels. It was found that the cartels are cohesive loyal organizations. They have the highest standards of ethics because they realize that when they move away from ethical behaviour, the result is loss of lives or loss of money

Ven. Priyadarshi began studying ethics out of a curiosity. He began to wonder of how the idea of ethics came into leadership

·         He began asking, how do we utilize ethics? How do we design systems beneficial for humanity

·         He also began wondering, how organizations can be ethical?

·         In organizations, if rules of conduct are created, then there is no buy-in. Usually, the governing boards try to set up some codes, but people in these organizations don't understand why they have to adhere to these codes.

·         What is the impetus that drives an organization to be ethical? Ven. Priyadarshi said that in reality individuals are the ones who inspire others through their behaviour

·         When we seek to bring about bringing change, we need to focus on individuals rather than on changing complex systems

Why is it than an individual should be ethical?

·         No blanket statement can be given on ethics. In a multi-cultural organization, one thing may be ethical for some and unethical for others..

·         He narrated an example. He said “imagine truth is one of your highest values. Imagine sitting in a cafe and having coffee. Just then you see a guy well-dressed running into an alley. Later your see others coming with weapons who show you a photograph of that guy and ask you if you saw him.

·         As an individual your value is telling truth. He then took a poll as to how many will tell truth? He then gave the option of “I haven’t seen that guy” and most people raised their hands for that option.

·         He said that we are often faced with ethical dilemmas and we are presented with challenges where we make value trade offs

·         Usually it’s between telling truth vs. little white lie

·         These are decisions we have to make on a regular basis and our ethics depend on what kind of value tradeoffs we are willing to do

·         Difficult to be absolute in ethical parameters. We have to decide what values we hold at higher priority

·         The notion that we learn ethical behavior from experience is not true.. If we are unethical for one behavior we will be unethical in others

How to be ethical?

• Ethical training is process of deeper transformation. People only ethical if they believe that will lead to a useful outcome that they can live with
• If you are ethical you are happier unethical behaviors leads to anxiety..
• If we have to be ethical we have to recognise what kind of lifestyle we wish to choose.
• Human beings are prone to compartmentalised behavior, for example: we are comfortable to lie in a work environment but expect people at home to be honest. We teach kids to be honest.
• If we as a society believe that unethical behaviour leads to success then why are we teaching kids honesty? Shouldn't we make them masters at lying and cheating?
• We want others to be honest because It's ok for us to lie but we don't want to be lied to
• We first need to acknowledge that our lives are compartmentalized and complex.
• We need to have a sense of more informed decision making
• In the long term, we need to decide what we want to see in society. We can't say system is corrupt because we are the system.
• Change in system is not to be left to future generations. We need to introduce ethical values

·         What does this have to do with leadership?

• Ethics and real change is not about talking for better world it's about changing oneself.
• This change happens one day at a time.
• The risks we take with reorienting our values may be uncomfortable
• Reorienting values is a challenge because most people believe that they are honest and kind.
• It's a challenge of rationalization.
• If you are truly an honest kind individual then it will ooze out of your system and your behavior will also be contagious
• It's important to not give into the stories that I am a kind individual. We need to see our behavior.
• Process of self-transformation becomes the method through which transformation of communities and individuals can happen
• Human beings are reflective by nature and they question themselves
• Most examples we see of good corporate governance can be traced down to good individuals. This works much better than writing a vision and mission statement
• Process of transformation begins with individual and not with groups
• The challenge in transforming oneself to transform the others is that we are too quick to judge others but we seldom look at ourselves
• Because we live in civic society that's contagious, whether you like it or not, you are a role model. Sometimes you are an active role model sometimes a passive role model. It becomes our responsibility to show our behavior. You have to decide what kind of role model do you wish to become. There is always someone who is watching you.
• Ethics are not magic, you have to cultivate. If you go through an assessment you will know where your strengths and weaknesses are.
• One of the challenges of human behavior is that we also seek validation and most times we only associate with people who validate our behavior.

Make sure assessments are not rooted in self-doubt. Leadership cannot be rooted in self-doubt

A father's work ethic is the cement that binds the bricks of the family together!

I clearly and distinctly remember this day the 20th of July as much as I remember my son's or wife's or mom's birthday. It had a great significance...in my life - or shall I say in giving me life.

It was this day way back in 1977, that my dad joined the profession he wanted to and it was something he believed would change his life forever. Change it did and how?

He joined the Reserve Bank of India at its Hyderabad office and life turned for him. Being a mathematician by education, he always wanted to join either the academic institutions or RBI, in those days banking was considered a great career choice especially if it was the federal / central bank of  India.

As always in the 70s arranged marriage was the norm and my dad and mom's arriage was arranged by some common relatives. I was informed by my maternal grandmom that one of the the main reasons for the alliance to be finalised was my dad's job! So you see, I do owe a bit of my existence to the Reserve Bank of India - haha.

I believe that the first time I knew about the importance of this date was in 1987 - I was in my third grade and my dad had taken us out for a fantastic dinner at Paradise. He told me with great pride that it was in this day way back in 1977 that he first joined the bank and we were celebrating his first decade in RBI. I thought it was very cool. But what I thought was cooler was the fact that my dad always ensured he gave something away for the needy on that day. It struck a chord with me too and to this day I always try and do something good on this day in his memory.

The work ethic that my dad had was phenomenal...I never saw him take an off just to stay back and relax in the house. He always used to ensure he reached office before time, every work day. I donot remember a single instance where we were late for anything. Punctuality was a quality he instilled in me just by being himself. Of course my mom contributed to his sense of time as she herself was very time conscious too. "Samayo rakshati rakshitaha" meaning; come what may, if we respect time, then time will be kind to us. I follow this principle to this day and it helps me so much in trying to lead a stress-free and happy life.

I never saw him take a leave for himself, he always put family before self. He ensured that his leaves always are used either during my school holidays or when my mom needed his help during  family weddings or before important festival days. This was another message which I understood very well - family always comes first. Work is important but you should always remember that its the family's happiness that you work so hard for.

There were also several instances of him being in a position of authority by virtue of his designation and the department he used to work for, but not once had I seen him take the slightest of help from anyone because of his official capacity. He kept himself clean and ensured that living a simple life is the best way to ensure happiness for a long term. Another of his qualities which motivates me to be incorruptible as well...in spite of so many temptations (sic) in the present day world.

Some of the traits that most successful heads of family have is their dedication to work. And the way to measure success according to me is to see how happy the family is? If you have earned millions but the family is not happy about it at all, then that may not be the ideal way of moving forward in life. But at the same time if you have successfully ensured that the entire family is happy with the the way things have materialised as a result of one's work showing how much the work has contributed to this happiness, then Bingo! You have made it!

A small blog will never be enough for me to write about how my father has influenced my day to day activities, but surely it may serve as a snippet.

Miss you dad on this wonderful day! I promise to try and be happy as often as I can!

A Royal Salute to your integrity and work ethic! Love you and I am sure you are spreading joy wherever you are!

Embezzlement by Teesta and her husband Javed Anand.


Between FY 2003-04 and FY 2013-14 (10 years) Sabrang Trust and Citizens for Justice and Peace (CJP) together received a total amount of Rs. 9.7 crore. It is alleged that 39.5% of this total amount was transferred to the personal accounts of Teesta Setalvad and Javed Anand. The break-up of the same according to the figures of the Investigating Officer are:

Sr No	Particulars	Amount (Rs.)	% of total receipts of Sabrang Trust and CJP	Average (over 10 years) payments/reimbursements per month	Remarks
1	Salary/honorarium to Teesta Setalvad	46,91,250	4.8	Around Rs. 39,000 p.m.	The payments to Teesta Setalvad were not as trustee but for her executing projects as per signed agreements with donor agencies.
2	Salary/honorarium to Javed Anand	28,34,804	2.9	Around 23,500 p.m.	The payments to Teesta Setalvad were not as trustee but for her executing/administering projects as per signed agreements with donor agencies.
3	Reimbursement of shared office expenses to Sabrang Communications and Publishing Pvt. Ltd. (SC&P)	1,69,84,669	17.5	Around Rs. 1,40,000 p.m. OR an average of Rs.70,000 p.m. each for the two trusts.	Formed in 1993, Sabrang Communications was provided rent-free office space (around 700 sq ft carpet area) by Mr. Atul Setalvad, father of Teesta Setalvad. Sabrang Trust was formed in late 1995 but became active only from 2003 onwards. CJP was formed in 2002. Between 1993 and 2002, Sabrang Communications spent lakhs of rupees on office renovation, furniture and fixture, air-conditioning, 12 computers, printers, photocopier, scanners, books and videos etc. It also hired and trained a team of 10 staff members. The trustees of Sabrang Trust and CJP (other than Teesta and Javed) wanted to save on infrastructure and establishment expenses of their respective trusts. Further, the 10 member staff team (excluding Teesta and Javed had been trained in addressing the issue of communalism (Sabrang Communications published the magazine ‘Communalism Combat’). Since communalism was also a principal concern for Sabrang Trust (advocacy and secular education in schools) and CJP (legal intervention), the trustees wishing to save on staff costs also, the two trusts entered into a costs-sharing arrangement with Sabrang Communications (SC). Expenses on staff and office infrastructure were initially incurred by SC and a mutually agreed upon percentage of total expenses incurred by SC was reimbursed reimbursed by Sabrang Trust and CJP. An average monthly expense of Rs. 70,000 over 10 years by each trust on shared staff AND office expenses (electricity, telephone, mobile, internet bills, repair/maintenance/renovation/upgrading of office premise/equipments cannot be considered excessive. Not a rupee was ever charged as rent to either of the trusts, neither Teesta nor Javed benefited even by a rupee through the costs-sharing agreements through frequently reviewed and revised decisions of the other trustees.
4	Cash withdrawals	1,08,73,782	11.2	Around Rs. 90,000 p.m., OR an average of Rs. 45,000 p.m. each for the two trusts.	Through his allegation the investigating officer has effectively confirmed that over the years, only 11.2% of the expenses of the trusts were incurred through cash payments, while the remaining 88.8 % was through cheque payments. No organisation in the world can operate without petty cash expenses.
5	Reimbursement for expenses through credit card of Teesta Setalvad	26,33,105	2.7	Around Rs. 36,500 p.m. over a 6 year period OR Rs. 18,250 p.m. each for the two trusts.	Teesta has provided documentation to establish that only those expenses pertaining to the activities of Sabrang Trust and CJP were claimed from and reimbursed by the two trusts. No personal expenses incurred through her personal credit card was ever charged to the trusts. The same has also been confirmed by the auditors of Sabrang Trust and auditors of CJP.
6	Reimbursement for expenses through credit card of Javed Anand	3,33,016	0.3	Around Rs. 4,600 p.m. over a 6 year period OR Rs. 2,300 p.m. each for the two trusts.	Javed has provided documentation to establish that only those expenses pertaining to the activities of Sabrang Trust and CJP were claimed from and reimbursed by the two trusts. No personal expenses incurred through his personal credit card was ever charged to the trusts. The same has also been confirmed by the auditors of Sabrang Trust and auditors of CJP.
7	Total amounts alleged transferred/utilized for personal expenses by Teesta Setalvad and Javed Anand	3,85,00,896	39.5
8	Total funds received by Sabrang Trust and CJP between FY 2003-04 and FY 2013-14.	9,74,75,100	100

love you mom

"The more I grow old, the more I realise my mom's love for me was the most unconditional and she was my best friend ever"

I believe there is a super sub species to homo sapiens, and all mothers belong to that super sub species...may be it can be "homo sapiens maternalis".

the super sub species are known to have the below qualities which no other human being has:

- live for their offspring selflessly
- their love for their children grows by the minute
- most protective of their children
- provide the best life for their children
- sacrifice their own time, career, happiness, for that of their kids
- never ask for anything in return
- only know the way to "give"
- they seldom complain and even when they complain its only for the good of their children, not themselves...


The list goes on and on and on - I could write for innumerable pages...

This reminds me of the discussion that Phoebe and Joey have in the all time hit TV series "FRIENDS" - - - is there a truly selfless act in this world...

I will have to say yes - - - mother's love for their children is truly selfless.

Each day without complaints, when my mom used to wake up before everyone else in the house, prepare breakfast, take care of my shortcomings, encourage me, motivate me, guide me, mentor me, love me, and make me who I am... there was nothing she expected.

A mother's love for the kid begins even before the baby is born...and lasts through the time and difficulties and differences and many days of joy and many days of sorrow - winding, wearing, weeping, changing, caring, sharing,

Motherhood is the place where all the love begins and ends

A mother understands what her children do not say -

A mother's love perceives no impossibilities - so much so that I can feel her love even from another world!

Love you mom - have a wonderful 57th birthday!

Hunger kya?

Today morning someone had sent me a video of a hungry child looking for food at street stalls. As he has no money he waits and watches and waits for some kind of luck to lay his hands on some of the finest street food, like samosas, pani puri, jalebi, etc.  After long hours of wait, a jalebi falls off from a vendor's hand while he is packing some for a customer. This boy picks that jalebi fallen on the road, runs away from the street, tears a poster on a wall, wraps the jalebi in a part of that paper and runs as fast as he can. Through lanes and by-lanes, avoiding bicycles, street dogs, potholes and stones...runs as if he is going to miss a train...only to reach a small one room living space where a younger toddler - his brother  is waiting for him with anticipation. This young boy feeds his kid brother and feels happy about it but tears start rolling down his cheek when he sees that that toddler is trying to feed him as well. An amazing story of many a homes in India. Poverty is still there! Just that the way poverty is being depicted has changed. 

The most basic of feelings that life provides is "Hunger" - "Hunger is a sensation that represents the physiological need to eat food."
From rats to Humans, from a tadpole to a Whale, hunger leads the way the species develops. Sometimes I wonder what would happen if there was no sensation of hunger, would the fittest fight hard to survive, would Charles Darwin rewrite his theory of natural selection and survival of the fittest --- will it have any meaning at all?

We have reached a condition in the world where there is surplus in every field. When we have surplus of nuclear power we try to share it, when there is surplus of manpower, we share it.

What are we doing with the surplus of food and water we have as a human race?

Is there no way that all the brilliant leaders of the world including our beloved PM (whom I happen to admire by the way) come together to ensure no child goes waiting for hours to ensure something falls off a vendor's hands to ensure his tiny toddling brother gets something to eat?

I am aware of a food helpline but is there anyone who uses it regularly or makes everyone aware of how to actually use it...?

Cant we pool up all our resources and ensure we provide food every day to one in need?

Ice Bucket and Rice bucket have proven to be short lived internet fancy challenges...can we have a world hunger free challenge...where all of us (starting with me) can contribute a portion of the food we eat to the extremely hungry...can the governments just ensure that a mechanism exists to ensure there is no one who goes hungry in the world...

Is it too much to ask to spare some food to ensure that hunger doesn't destroy people?

Yes - Hunger if not dealt with in the right manner can lead to several social issues both individually and as a group...so much so that it can drive the entire section of the society crazy...if one recollects RK Narayan's Guide - the part where people are ready to kill each other to fulfil their hunger and thirst - you will understand the dangers that hunger provides.

That's fiction, but even in reality most law students will know the Queen v Dudley and Stephens case where a little boy is killed and eaten by sailors to ensure they live, when trapped in the middle of nowhere --- HUNGER makes humans do strange things which no one can imagine.


My sincere appeal is to see that the hungry dont go neglected - we don't want to make Dudleys and Stephens out of everyone. I am sure "acche din ayenge" but before the true good times begin, can some interim mechanism be made to ensure that the issue of hunger is addressed properly.

Lets wait and watch - meanwhile I am going to the temple in the opposite street to give some food to the hungry...do your bit!

Cheers!

Every cloud has a silver lining! - is it enough to believe in it?

Every cloud has a silver lining!

The trained attitude in humans makes them think in a positive manner and more often than not the people who see the glass half full are more than the people who see the glass half empty - if not for this training that we receive across countries, cultures, languages, religions, castes, communities and all kinds of barriers, the survival of the human race wouldn't have been possible.

This attitude is what makes us the dominating race in this world!

Its like believing there is a pot of gold at the end of the rainbow...

Does the cloud actually have a silver lining?

Will the rainbow ever lead you to the pot of gold?

If you are going to sit in your LAZBOY and think "AAL IZ WELL" like Aamir Khan said in 3 idiots - its not going to happen...

The humans who put their best foot forward and work hard will definitely see the pot of gold in some form or other, 

Hard work always always gives good results === talent may give good results.

If one understands the above sentence life will be extremely smooth and fruitful.

Whether there is a cloud or not , whether there is a silver lining or not, whether in the silver lining there may be several clouds with silver lining again - - - life must go on and the hard work must not stop at any level.

Once you are satisfied with life, that's it you are done for good!

Keep aiming for the pot of gold at the end of the rainbow, if that's what motivates you - but there should never be a gap or pause in  your quest for it.

No success comes without hard work and I believe its almost impossible to defeat a person who never gives up.

Cheers!

D

Offences & Penalties under the Information Technology Act, 2000

The introduction of the internet has brought the tremendous changes in our lives. People of all fields are increasingly using the computers to create, transmit and store information in the electronic form instead of the traditional papers, documents. Information stored in electronic forms has many advantages, it is cheaper, easier to store, easier to retrieve and for speedier to connection. Though it has many advantages, it has been misused by many people in order to gain themselves or for sake or otherwise to harm others. The high and speedier connectivity to the world from any place has developed many crimes and these increased offences led to the need of law for protection. Some countries have been rather been vigilant and formed some laws governing the net. In order to keep in pace with the changing generation, the Indian Parliament passed the law --- Information Technology Act 2000. The IT Act 2000 has been conceptualized on the United Nations Commissions on International Trade Law (UNCITRAL) Model Law.

The increase rate of technology in computers has led to enactment of Information Technology Act 2000. The converting of the paper work into electronic records, the storage of the electronic data, has led tremendous changed the scenario of the country. The Act further amends the Indian Penal Code, 1860, The Evidence Act, 1872, The Banker’s Book’s Evidence Act, 1891 and The Reserve Bank of India Act, 1934. 

Offences:
Cyber offences are the unlawful acts which are carried in a very sophisticated manner in which either the computer is the tool or target or both. Cyber crime usually includes:
(a) Unauthorized access of the computers
(b) Data diddling
(c) Virus/worms attack
(d) Theft of computer system
(e) Hacking
(f) Denial of attacks
(g) Logic bombs
(h) Trojan attacks
(i) Internet time theft
(j) Web jacking
(k) Email bombing 
(l) Salami attacks
(m) Physically damaging computer system.

The offences included in the IT Act 2000 are as follows:
1. Tampering with the computer source documents.
2. Hacking with computer system.
3. Publishing of information which is obscene in electronic form.
4. Power of Controller to give directions
5. Directions of Controller to a subscriber to extend facilities to decrypt information
6. Protected system
7. Penalty for misrepresentation
8. Penalty for breach of confidentiality and privacy
9. Penalty for publishing Digital Signature Certificate false in certain particulars
10. Publication for fraudulent purpose
11. Act to apply for offence or contravention committed outside India
12. Confiscation
13. Penalties or confiscation not to interfere with other punishments.
14. Power to investigate offences.

Offences Under The It Act 2000:

Section 65. Tampering with computer source documents:

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer Programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the being time in force, shall be punishable with imprisonment up to three year, or with fine which may extend up to two lakh rupees, or with both. 

Explanation: For the purpose of this section “computer source code” means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.

Object: The object of the section is to protect the “intellectual property” invested in the computer. It is an attempt to protect the computer source documents (codes) beyond what is available under the Copyright Law

Essential ingredients of the section:
1. knowingly or intentionally concealing ,
2. knowingly or intentionally destroying,
3. knowingly or intentionally altering,
4. knowingly or intentionally causing others to conceal,
5. knowingly or intentionally causing another to destroy,
6. knowingly or intentionally causing another to alter.
This section extends towards the Copyright Act and helps the companies to protect their source code of their programmes. 
Penalties: Section 65 is tried by any magistrate.
This is cognizable and non- bailable offence. 
Penalties: Imprisonment up to 3 years and / or 
Fine: Two lakh rupees.

Case Laws:

1. Frios v/s State of Kerela

Facts: In this case it was declared that the FRIENDS application software as protected system. The author of the application challenged the notification and the constitutional validity of software under Section 70. The court upheld the validity of both.

It included tampering with source code. Computer source code the electronic form, it can be printed on paper. 

Held: The court held that Tampering with Source code are punishable with three years jail and or two lakh rupees fine of rupees two lakh rupees for altering, concealing and destroying the source code.

2. Syed Asifuddin case:

Facts: In this case the Tata Indicom employees were arrested for manipulation of the electronic 32- bit number (ESN) programmed into cell phones theft were exclusively franchised to Reliance Infocom.

Held: Court held that Tampering with source code invokes Section 65 of the Information Technology Act.

3. Parliament Attack Case:

Facts: In this case several terrorist attacked on 13 December, 2001Parliament House. In this the Digital evidence played an important role during their prosecution. The accused argued that computers and evidence can easily be tampered and hence should not be relied.

In Parliament case several smart device storage disks and devices, a Laptop were recovered from the truck intercepted at Srinagar pursuant to information given by two suspects. The laptop included the evidence of fake identity cards, video files containing clips of the political leaders with the background of Parliament in the background shot from T.V news channels. In this case design of Ministry of Home Affairs car sticker, there was game “wolf pack” with user name of ‘Ashiq’. There was the name in one of the fake identity cards used by the terrorist. No back up was taken therefore it was challenged in the Court.

Held: Challenges to the accuracy of computer evidence should be established by the challenger. Mere theoretical and generic doubts cannot be cast on the evidence.

Section66. Hacking with the computer system:

(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Explanation: The section tells about the hacking activity.

Essential ingredients of the section:
1. Whoever with intention or knowledge.
2. Causing wrongful loss or damage to the public or any person.
3. Destroying or altering any information residing in a computer resource.
4. Or diminishes its value or utility or.
5. Affects it injuriously by any means. 
Penalties: Punishment: Imprisoned up to three years and 
Fine: which may extend up to two lakh rupees.Or with both.

Case Laws:

1. R v/s Gold & Schifreen

In this case it is observed that the accused gained access to the British telecom Prestl Gold computers networks file amount to dishonest trick and not criminal offence.

2. R v/s Whiteley.

In this case the accused gained unauthorized access to the Joint Academic Network (JANET) and deleted, added files and changed the passwords to deny access to the authorized users.

The perspective of the section is not merely protect the information but to protect the integrity and security of computer resources from attacks by unauthorized person seeking to enter such resource, whatever may be the intention or motive.

Cases Reported In India:

Official website of Maharastra government hacked.

The official website of the government of Maharashtra was hacked by Hackers Cool Al- Jazeera, and claimed them they were from Saudi Arabia.

Section 67. Publishing of obscene information in electronic form:

Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstance, to read see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.

Essential ingredients of this section:

1. Publishing or transmitting, or causing to be published, pornographic material in electronic form.

Penalties: Punishment: (1) On first conviction --- imprisonment which may extend up to five years.

Fine: up to on first conviction which may extend to one lakh rupees.

(2) On second conviction ---- imprisonment up to which may extend to ten years and Fine which may extend up to two lakh rupees.

Case Laws:

1. The State of Tamil Nadu v/s Suhas Katti.

Facts: This case is about posting obscene, defamatory and annoying message about a divorcee woman in the Yahoo message group. E-mails were forwarded to the victim for information by the accused through a false e- mail account opened by him in the name of the victim. These postings resulted in annoying phone calls to the lady. Based on the complaint police nabbed the accused. He was a known family friend of the victim and was interested in marrying her. She married to another person, but that marriage ended in divorce and the accused started contacting her once again. And her reluctance to marry him he started harassing her through internet.

Held: The accused is found guilty of offences under section 469, 509 IPC and 67 of IT Act 2000 and the accused is convicted and is sentenced for the offence to undergo RI for 2 years under 469 IPC and to pay fine of Rs.500/-and for the offence u/s 509 IPC sentenced to undergo 1 year Simple imprisonment and to pay fine of Rs.500/- and for the offence u/s 67 of IT Act 2000 to undergo RI for 2 years and to pay fine of Rs.4000/- All sentences to run concurrently.”

The accused paid fine amount and he was lodged at Central Prison, Chennai. This is considered the first case convicted under section 67 of Information Technology Act 2000 in India.

2. In a recent case, a groom's family received numerous emails containing defamatory information about the prospective bride. Fortunately, they did not believe the emails and chose to take the matter to the police. The sender of the emails turned out to be the girl's step-father, who did not want the girl to get married, as he would have lost control over her property, of which he was the legal guardian. 

2. Avnish Bajaj (CEO of bazzee.com – now a part of the eBay group of companies) case.

Facts: There were three accused first is the Delhi school boy and IIT Kharagpur Ravi Raj and the service provider Avnish Bajaj. 

The law on the subject is very clear. The sections slapped on the three accused were Section 292 (sale, distribution, public exhibition, etc., of an obscene object) and Section 294 (obscene acts, songs, etc., in a public place) of the Indian Penal Code (IPC), and Section 67 (publishing information which is obscene in electronic form) of the Information Technology Act 2000. In addition, the schoolboy faces a charge under Section 201 of the IPC (destruction of evidence), for there is apprehension that he had destroyed the mobile phone that he used in the episode. These offences invite a stiff penalty, namely, imprisonment ranging from two to five years, in the case of a first time conviction, and/or fines. 

Held: In this case the Service provider Avnish Bajaj was later acquitted and the Delhi school boy was granted bail by Juvenile Justice Board and was taken into police charge and detained into Observation Home for two days.

4. DASKHINA Kannada police have solved the first case of cyber crime in the district. 

A press release by Dakshina Kannada Police said here on Saturday that a Father at a Christian institution in the city had approached the Superintendent of Police with a complaint that he was getting offensive and obscene e-mails. 

Police said that all the three admitted that they had done this to tarnish the image of the Father. As the three tendered an unconditional apology to the Father and gave a written undertaking that they would not repeat such act in future, the complainant withdrew his complaint. Following this, the police dropped the charges against the culprit. 

The release said that sending of offensive and obscene e-mails is an offence under the Indian Information Technology Act 2000. If the charges are framed.

Section 68. Power of controller to give directions:

(1) The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made there under.

(2) Any person who fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding two lakh rupees or to both.

Explanation: Any person who fails to comply with any order under sub section (1) of the above section, shall be guilty of an offence and shall be convicted for a term not less then three years or to a fine exceeding two lakh rupees or to both.

The under this section is non-bailable & cognizable.

Penalties: Punishment: imprisonment up to a term not exceeding three years

Fine: not exceeding two lakh rupees.

Section 69. Directions of Controller to a subscriber to extend facilities to decrypt information:

(1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence; for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource.

(2) The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub-section (1), extend all facilities and technical assistance to decrypt the information.

(3) The subscriber or any person who fails to assist the agency referred to in subsection

(2) shall be punished with an imprisonment for a term which may extend to seven years.

Penalties: Punishment: imprisonment for a term which may extend to seven years.

The offence is cognizable and non- bailable.

Section 70. Protected System:

(1) The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.

(2) The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems notified under sub-section (1). 

(3) Any person who secures access or attempts to secure access to a protected system in contravention of the provision of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Explanation: This section grants the power to the appropriate government to declare any computer, computer system or computer network, to be a protected system. Only authorized person has the right to access to protected system.

Penalties: Punishment: the imprisonment which may extend to ten years and fine.

Section 71. Penalty for misrepresentation:

(1) Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or which fine which may extend to one lakh rupees, or with both.

Penalties: Punishment: imprisonment which may extend to two years

Fine: may extend to one lakh rupees or with both.

Section 72. Penalty for breach of confidentiality and privacy:

Save as otherwise provide in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulation made there under, has secured assess to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Explanation: This section relates to any to nay person who in pursuance of any of the powers conferred by the Act or it allied rules and regulations has secured access to any: Electronic record, books, register, correspondence, information, document, or other material.

If such person discloses such information, he will be punished with punished. It would not apply to disclosure of personal information of a person by a website, by his email service provider.

Penalties: Punishment: term which may extend to two years.

Fine: one lakh rupees or with both.

Section 73. Penalty for publishing Digital Signature Certificate false in certain particulars:

(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that-

(a) The Certifying Authority listed in the certificate has not issued it; or

(b) The subscriber listed in the certificate has not accepted it; or

(c) The certificate has been revoked or suspended, unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Explanation: The Certifying Authority listed in the certificate has not issued it or,

The subscriber listed in the certificate has not accepted it or the certificate has been revoked or suspended.

The Certifying authority may also suspend the Digital Signature Certificate if it is of the opinion that the digital signature certificate should be suspended in public interest.

A digital signature may not be revoked unless the subscriber has been given opportunity of being heard in the matter. On revocation the Certifying Authority need to communicate the same with the subscriber. Such publication is not an offence it is the purpose of verifying a digital signature created prior to such suspension or revocation.

Penalties: Punishment imprisonment of a term of which may extend to two years.

Fine: fine may extend to 1 lakh rupees or with both.

Case Laws:

1. Bennett Coleman & Co. v/s Union of India. 

In this case the publication has been stated that ‘publication means dissemination and circulation’. In the context of digital medium, the term publication includes and transmission of information or data in electronic form.

Section 74. Publication for fraudulent purpose:

Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which extend to one lakh rupees, or with both.

Explanation: This section prescribes punishment for the following acts:

Knowingly creating a digital signature certificate for any 

i. fraudulent purpose or,

ii. unlawful purpose.

Knowingly publishing a digital signature certificate for any 

i. fraudulent purpose or 

ii. unlawful purpose

Knowingly making available a digital signature certificate for any 

i. fraudulent purpose or

ii. unlawful purpose.

Penalties: Punishment: imprisonment for a term up to two years.

Fine: up to one lakh or both.

Section 75. Act to apply for offence or contravention committed outside India:

(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.

(2) For the purposes of sub-section (1), this Act shall apply to an offence or

Contravention committed outside India by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

Explanation: This section has broader perspective including cyber crime, committed by cyber criminals, of any nationality, any territoriality.

Case Laws:

R v/s Governor of Brixton prison and another.

Facts: In this case the Citibank faced the wrath of a hacker on its cash management system, resulting in illegal transfer of funds from customers account in to the accounts of the hacker, later identified as Valdimer Levin and his accomplices. After Levin was arrested he was extradite to the United States. One of the most important issues was jurisdictional issue, the ‘place of origin’ of the cyber crime. 

Held: The Court helds that the real- time nature of the communication link between Levin and Citibank computer meant that Levin’s keystrokes were actually occurring on the Citibank computer.

It is thus important that in order to resolve the disputes related to jurisdiction, the issue of territoriality and nationality must be placed by a much broader criteria embracing principles of reasonableness and fairness to accommodate overlapping or conflicting interests of states, in spirit of universal jurisdiction. 

Section 76. Confiscation:

Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provisions of this Act, rules, orders or regulations made there under has been or is being contravened, shall be liable to confiscation :

Provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of this Act, rules orders or regulations made there under, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorized by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made there under as it may think fit.

Explanation: The aforesaid section highlights that all devices whether computer, computer system, floppies, compact disks, tape drives or any other storage, communication, input or output device which helped in the contravention of any provision of this Act, rules, orders, or regulations made under there under liable to be confiscated.

77. Penalties or confiscation not to interfere with other punishments:

No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.

Explanation: The aforesaid section lays down a mandatory condition, which states the Penalties or confiscation not to interfere with other punishments to which the person affected thereby is liable under any other law for the time being in force.

78. Power to investigate offences:

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.

Explanation: The police officer not below the rank of Deputy Superintendent of Police shall investigate the offence.

Conclusion:

Due to the increase in the digital technology various offences has also increased. Since new-new technology come everyday, the offences has also increased therefore the IT Act 2000 need to be amended in order to include those offences which are now not included in the Act. 

In India cyber crime is of not of a high rate as of now, therefore we have time in order to tighten the cyber laws and include the offences which are now not included in the IT Act 2000.