Indian Penal Code, Excise Act. , Cyber Crime, Foreign Exchange Money Act, Money Laundry Case, Negotiable Instrument Act, Torts Act
The Indian Penal Code ( IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in the year 1862.
Cybercrime, or computer-oriented crime, is a crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target.  Cybercrime may threaten a person , company or a nation ‘s security and financial health.
Cybercrime is criminal activity that either targets or uses a computer, a computer network or a networked device.
Most, but not all, cybercrime is committed by cybercriminals or hackers who want to make money. Cybercrime is carried out by individuals or organizations.
Some cybercriminals are organized, use advanced techniques and are highly technically skilled. Others are novice hackers.
Rarely, cybercrime aims to damage computers for reasons other than profit. These could be political or personal.
Here are some specific examples of the different types of cybercrime:
Most cybercrime falls under two main categories:
FERA – the four-letter acronym for Foreign Exchange Regulation Act is a legislation that came into existence in 1973 with the purpose to regulate certain dealings in foreign exchange, impose restrictions on certain kinds of payments and to monitor the transactions impinging the foreign exchange and the import and export of currency.
Foreign Exchange Regulation Act (FERA) was introduced at a time when foreign exchange (Forex) reserves of the country were low. FERA proceeded on presumption that all foreign exchange earned by Indian residents rightfully belonged to the Government of India and had to be collected and surrendered to the Reserve Bank of India (RBI).
THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999 ACT NO. 42 OF 1999 [29th December, 1999.] An Act to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.
The money laundering case study provides an example of a specific situation on the issue of the financial cheating of an imaginary company. In October 2016, Clarck Holding Company was fined for $200 million by the United States for money laundering and other illegal financial operations.
Money laundering is the illegal process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking transfers or commercial transactions.
The Indian negotiable instrument act identifies each of such documents individually and has separate rules for each of them. The act defines the list of negotiable instruments in India consisting of promissory notes, bills of exchange, and cheques.
A classification of negotiable instruments based on Negotiable Instruments Act is important to understand them in detail. A negotiable instrument is basically a document which contains some monetary value and is freely transferable. These instruments include examples like cheques, bills of exchange, etc.
Tort is when the act of one party causes some harm to the other party due to negligence, carelessness on the part of another party. The one who sues is known as ‘plaintiff’ and the one who is sued is known as ‘defendant’.
One moment you are walking on the road and the other you slip into the pit left open by the Municipal Corporation. Without having a glance around, you stand up quickly to cover up the embarrassment you have faced. But what can you do? This happens every now and then especially in a country like India. Is there anyone who could be blamed for this? I have sustained injuries so I should be more careful from the next time. Isn’t it? No, there was a responsibility of Municipality in this situation. They were negligent in fulfilling their duty. This is what law of torts talks about and much more.
The word tort has been derived from a Latin word “tortum” which means twisted or crooked. According to Salmond, “Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or, the breach of trust, or, other merely equitable obligation.”
It is different from breach of contract and trust. Tort is when the act of one party causes some harm to the other party due to negligence, carelessness on the part of another party. The one who sues is known as ‘plaintiff’ and the one who is sued is known as ‘defendant’.
The person who causes such harm shall be made liable to pay compensation to the injured party (plaintiff), this compensation can be in the form of money. This money received in the form of compensation is known as ‘damages’. In order to claim damages, there must be some breach of duty towards plaintiff which resulted in such injury.
Even if the harm which is caused was not intentional but due to carelessness or negligence, then also the other party can be sued. Tort allows people to hold the other person accountable for the injuries suffered by them.
Act/omission: To constitute a tort there must be an act, which can either be negative or positive. There must be some breach of duty to constitute such wrongful act or omission. It means there was a duty to do or not to do a certain action, or to behave in a particular manner which a reasonable man is expected to act under certain circumstances. If a corporation maintains a children park which has a poisonous plant but fails to put proper fencing. If one of the children eats a fruit from that tree and dies, then the corporation can be held liable for such an omission. A person cannot be held liable for social or moral wrong. For example, if somebody fails to help a starving man then he cannot be held liable because it is a moral wrong unless some legal duty can be proved.
Legal Damage: In order to constitute tort, breach of legal duty must be there. The legal right vested with the plaintiff should have been breached i.e certain act or omission have resulted in the breach of legal duty. The action can be instituted if there is a breach of legal right. For the injury sustained by the plaintiff, damages could be claimed by him. Legal damage could be understood more clearly with the help of following maxims:
1. Injuria sine damnum: “Injuria” means unauthorised interference with the right of the plaintiff. “Damnum” means harm or loss suffered in terms of comfort, money, health etc. When there is violation legal right without any harm to the plaintiff, the plaintiff can approach the court.