Even if you accidentally retweet an offensive tweet, you can be liable under 66A

Sec 66A of IT Act is a draconian Act. It reads as under:

66A.Punishment for sending offensive messages through communication service, etc.: Any person who sends, by means of a computer resource or a communication device,-
(a) any information that is grossly offensive or has menacing character; or
........

Please halt here and mark that clause (a) does not use word "Knowingly". So even if you accidentally retweet an offensive tweet, you can be liable under Sec. 66A(a)

This is draconian law.

I am hopeful that when this section is challenged in Supreme Court it will be struck down or will be read down.

Haresh Raichura
29/11/12

In rape cases, victims can file civil suit for damages also in addition to criminal cases

Law is already there. But few lawyers advise their clients for suit for damages also in addition to criminal cases.

This law is called Law of Torts. Last Supreme Court Judgement is given by Justice Katju in 2008.

As per law, anyone who commits any wrong to you is liable for damages in civil court in a suit for damages.

Rapist and other criminals are also liable in law of tort.

This law is well used in Western Countries. But unfortunately in India, few cases are seen under this law.

Elsewhere in this blog I have written in detail on this Justice Katju Judgement of 2008 where new boundaries are drawn on Law of Tort.

I wish more people come forward to file suits for damages for wrongs they suffer.

Suit takes time. But people have to learn to fight for justice.

Time Limit for filing civil suit is usually One Year from date of wrong complained of.

Haresh Raichura
8/11/2012

SC: PIL Amarnath Yatra

Matter under consideration of Supreme Court. Matters of medical facilities and other matters in case number:

2012(10)SCALE 567

Haresh Raichura
6/11/2012

Case for offending defaming tweet. Delete earliest. Reasons.

Twitter is a platform which promotes free expressions of Individual. In theory, no one should be prosecuting for making a tweet.

But what if
1) A person feels that his reputation is damaged by tweet.or,
2) His feeling are hurt deeply.

Then he will take recourse to civil or criminal proceedings.

One Defense

If you have deleted offensive tweet at earliest opportunity, then it is relevant fact to show that you had no ill intention or design to harm anyone.

If you have retweeted an offensive tweet and you had undo it as soon as you realized that retweet was wrong, then this is also a relevant fact to show that you had no ill will or design to harm anyone.

Advice is: Do not use names in tweet, do not attack anyone personally. Avoid trouble.

But if you get into trouble, there may be many Defenses that can be taken into court.

But you may have to undergo trauma of trial and results are unpredictable.

In Case of Defamation there are exceptions which permit statements made for public good.

The IT Act is technical. Some technical defenses may be available. These are new laws and yet not fully settled areas of laws. Risky waters.

Haresh Raichura
5/11/2012

Ten Most used Laws by Lawyers

1. Code of Civil Procedure

2. Code of Criminal Procedure

3. Evidence Act

4. Indian Penal Code (Crimes)

5. Transfer of Property Act and Specific Relief Act (Land, Property deals)

7. Rent Laws (each State has its own rent laws)

8. Land Acquisition Act (Compulsory Acquisition of Lands)

9. Art.14,16,19,21,31, 32,136,226, 227 Constitution of India (Writs in High Courts)

10. Service Laws


Haresh Raichura

3/11/2012

Success is combination of many factors. Each individual has unique strengths and weaknesses. There cannot be one formula to fit all.

Success is combination of many factors.

Each individual has unique strengths and weaknesses. There cannot be one formula to fit all.

Each one has a unique combination lock.

But there can be some general propositions.

Books and Quotes on "Success" can be in millions.

Guide by inner voice

But you have to be guided by inner self.

There are "Comfort Zones" and "Discomfort Zones".

Somethings may be acceptable to your mind but not acceptable to your body and circumstances.

Conflict

And so on conflict goes on between desire to be successful and ability to become successful.

There is no end to this conflict till desire to be successful lives in your mind.

Questions

Watch these desires? Why you have to become successful? Why you are not satisfied with what you have and do?

When I asked these questions to myself, I came across a blank dark cave. No answers were in sights.

Instead I saw thousands of desires and fears curled up in heaps like snakes in dark corners of my mind.

Any of these desire or fear can sprang any time on me. And can bite me!

When I bundled all these desires, it become my "Desire for Success".

These snakes of desires and fears force me to search for Success in this world.

I see no way to fulfill all these desires. My desires and fears torture me.

Haresh Raichura
3/11/2012

SC: Blind Law- Workman will not get interest from date of accident, will get from date of judgement only...

This is about workmen who suffers accident when on work. Employer is liable to pay Compensation with 6% interest.

SC says this interest is NOT to be payed from Date of Accident, but only from the Date of Judgement.

It means, if employer can delay the case of workman, he will have to pay LESS interest!

Vide: UPSRTC v/s. SATNAM SINGH 2011 (2) SCALE 432 on page 433 in para 7

Haresh Raichura
2/11/2012

A Criminal lawyer need to master only THREE main laws

A Civil Side lawyer need to know about many laws. But a lawyer practicing only on Criminal Side need to master only Three Main Laws:

1) Code of Criminal Procedure,1973
2) The Indian Evidence Act
3) The Indian Penal Code.

These THREE are called MAJOR CRIMINAL ACTS. Mastery of these three main Acts leads to mastery in almost all criminal matters.

All other laws providing for criminal punishments are called Minor Criminal Acts. For example, The Prevention of Corruption Act,1988, The Prevention of Food Adulteration Act, etc are MINOR CRIMINAL ACTS.

Haresh Raichura
1/11/2012