Can the Administrator of a WhatsApp Group be Held Liable for Objectionable Posts?

First published on Bar & Bench Like it or not, we are all part of various WhatsApp groups. In fact, nearly all of us are in more groups than we’d prefer. From project groups to groups for every legal file that comes into office, or the random temporary group that was created for a brief … Continue reading Can the Administrator of a WhatsApp Group be Held Liable for Objectionable Posts?

Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.

By Bharat Chugh. [1] First published one SCC Online Blog here. On the legality of compelling an accused to disclose his smartphone/laptop password, or open his phone through face-scan, or fingerprint and the constitutional protection against self-incrimination.   Our smartphones are an extension of our minds and souls. Our deepest desires. Our darkest secrets. Our smartphones know … Continue reading Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.

The IT Rules, 2021 and its Application to Significant Social Media Platforms- An Explainer (A GUEST POST)

A Guest Post by the very articulate lawyer Siddharth Shivakumar. First published on his blog 'Quoting The Courts', accessible here. Here goes: The recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has caused quite a stir and has left Indian netizens confused and worried about the future of the social media … Continue reading The IT Rules, 2021 and its Application to Significant Social Media Platforms- An Explainer (A GUEST POST)

The Passcode on your phone, the right to privacy and protection against self incrimination

An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental right to privacy.

Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.

Issues How to prove an email in a court case ?; What is the manner in which a voice/video recording is to be led before the court and proved in evidence ?; How to prove electronically maintained Bank Statements ?; How to prove a Facebook, Twitter post, a WhatsApp message or an SMS ?; The … Continue reading Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.