Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Siddharth Mehta (Student)     05 July 2011

Cyber Law question

Can anyone please help me with the following question??

 

 

Section 29 of the Information Technology Act 2000 confers power upon the

Controller of Certifying Authorities to investigate contraventions under the Act.

Section 78 confers power upon a police officer of the rank of a Deputy

Superintendent of Police or above to investigate any offence under the Act.

Rashmi suspects Rakesh of creating and publishing digital signature certificates for

fraudulent purposes. But she is confused about whom to approach for investigating

the suspected crime. Clear Rashmi’s confusion with detailed explanations



Learning

 11 Replies

Siddharth Mehta (Student)     05 July 2011

pls reply asap..have an exam..

Adv. Vaishali Karloopia (lawyer)     05 July 2011

Siddharth

i had given this exam and it's difficult exam no doubt!!!!!!. In this case i think Rashmi has to approach to the controller of certifiying authority who authorizes digital signature certificate. When controller finds the person accused of having DSC by any fradualent means then police officer not below the rank of deputy supritendent has duty to catch the offender.

Siddharth Mehta (Student)     05 July 2011

hi..thanx for the reply...
btw can u please tell me how was the exam?
were u able to earn ur diploma easily?

Adv. Vaishali Karloopia (lawyer)     05 July 2011

Are u doing diploma in cyber law???

I have not done any diploma rather it in our L.L.B 5 year course. During my 3rd & 4th sem we learnt about cyber law.

Siddharth Mehta (Student)     05 July 2011

yes this is a question for my diploma which im persuing along with 5 year llb

Adv. Vaishali Karloopia (lawyer)     06 July 2011

Siddharth best of luck for the exam.

Kumar Goutam (Lawyer)     06 July 2011

Rashmi should approach to the Dy SP and Dy SP will investigate and enquire the matter ask to controler(is the job of Dy SP) Sec 29 should read with sec 69 and should not interpret alone. There is no doubt that taking complain is the job of police and he has the power to enquire, no one can directly approach to controller...

S.Sankarasubramanian (practcing advocate)     08 July 2011

The views of Shally Karloopia is correct .  Only the police officer can take criminal proceedings suomoto or on the basis of the  complaint from the Controller of certifying authority who is the authorised person un the I.T. Act.

                                                                                             S.Sankarasubramanian, LL.M in cyber law.

Siddharth Mehta (Student)     08 July 2011

@all the experts..
thanx a lot!!

S.Sankarasubramanian (practcing advocate)     08 August 2011

LL.M in Cyber Law is conducted by the ICFAI University, Deradone, by flexibe Learning programme  with recent case laws and citations.  Any one witth Bachellors Degree in Law of any receognised University or BGL of recognised University can join the Course. The Intellectual Property Law is also one of the Combined subjects in 12 papers to be passed for the above LL.M Degree course.

 

                                                                                                          S.Sankarasubraanian, M.A.LL.M.

                                                                                                                         Advocate.

 

 

                                                                 

V D Shah (Manager - Fin. and Legal)     02 March 2012

Hi,

 Very tricky question.

According to me, since digital signature is issued by CCA, it according to its terms and conditions also holds power to revoke issued digital signatures if it finds that these are issued fraudulently.

But I think in this case, maybe Rashmi should approach the police.

 

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To save time and money, use digital signature india  

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