Blog - The Law Literates

28Aug, 2025

Digital Justice: Fighting Back Against Cybercrime

In today’s hyper-connected world, the internet has become the backbone of communication, commerce, and innovation. But along with these opportunities comes a rising threat—cybercrime. From data breaches and identity theft to phishing scams, ransomware, and financial frauds, cybercriminals exploit the digital space to target individuals, businesses, and even governments.

🔍 The Growing Menace of Cybercrime

Cybercrime is not limited to tech-savvy hackers working behind screens. It encompasses a wide spectrum of illegal activities such as:

Identity theft & online frauds
Phishing & email scams
Ransomware attacks & malware infiltration
Cyberstalking & harassment
Intellectual property theft
Unauthorized access & data breaches

These crimes not only cause financial losses but also impact privacy, reputation, and trust in digital systems.

⚖️ The Role of Digital Justice

“Digital Justice” refers to the framework of laws, policies, and enforcement mechanisms that safeguard people in the online world. Governments and law enforcement agencies across the globe are strengthening cyber laws and investing in cyber forensic technologies to track and penalize offenders.

Key aspects include:
✅ Cybersecurity laws to regulate online activities
✅ Data protection frameworks to safeguard personal & financial information
✅ Forensic investigation tools to trace digital footprints
✅ Awareness & education to empower internet users

💻 How Individuals & Businesses Can Fight Back

While laws and enforcement play their role, digital safety begins with awareness and prevention:

Use strong, unique passwords & multi-factor authentication
Regularly update software & security patches
Avoid suspicious links, emails, or downloads
Encrypt sensitive data and back it up securely
Train employees & family members about cyber safety

🌍 Towards a Safer Digital Future

Fighting cybercrime is not a one-man battle—it requires collaboration between individuals, businesses, governments, and legal institutions. By adopting proactive security measures and enforcing strict cyber laws, we can create a digital ecosystem where justice prevails and cybercriminals find no safe space.

28Aug, 2025

Criminal justice system is at the crossroad

The future direction of the criminal justice system hangs in the balance.

The right of fair trial is jeopardized. The recent notification has made everyone think whether the right of fair trial is being jeopardized or compromised. On one hand, the Government is of the view that change in the present procedure of trial is required by taking the help of the new amendment made in BNSS to save the time of police officials by getting their evidence recorded from their own Police Station, whose time is wasted in coming to Courts and waiting there for hours to record their evidence, which hampers their work and also causes delays in disposal of cases. On the other hand, the legal fraternity is rightly opposing the same on the ground that it will be detrimental to the fair trial of the accused, considering the background of the partisan and unfair investigation of police in several cases.

The police may have some reservations due to many reasons, one of which is waiting for hours before Court for recording of evidence, and also due to the indifferent attitude of some Judges for one reason or the other. While it is true that due to pendency of several cases the police officials have to wait for quite some time in the Courts before recording of evidence, this cannot be a ground for police officers to record their evidence in a parrot-like manner to support other officers involved in the investigation, whose evidence has already been recorded in their presence. This will be a sham exercise to prove a fact, considering the partisan role of police during several cases, where during cross-examination the unfair investigation of police is fully exposed.

Therefore, the recording of all material police witnesses must be made in the Court. In case the Government is really interested in saving their time, then their evidence can be recorded after 1:30 p.m., and the Bar is ready to help the Government by approaching the Hon’ble Chief Justice to direct Judges not to call IO or any other police officials at the time of framing of charge, calling of witnesses in Court for identification, hearing of regular bail applications after the charge sheet is filed, and also at the time of hearing anticipatory bail in High Court after dismissal from District Court when Status Report is already on record, and also in several miscellaneous matters which can be disposed of with the help of the APP who may take necessary inputs from IO or other police officers on the basis of queries put by the learned Judge. In fact, in these proceedings, much more time of police officers is wasted than in recording evidence in Court.

So the Bar leaders are completely justified in agitating against the notification. However, now the question comes—what next after an impasse has been created, where the Bar is demanding complete withdrawal of the notification while the Government is ready only for clarification? In fact, at this juncture, when the Bill has become an Act and none of the Bar representatives protested against it at an earlier stage despite my repeated messages on WhatsApp, and unfortunately our High Court Bar even welcomed it before it took the shape of an Act, then whether we will be able to prevail upon the Government to withdraw it completely—and if so, it will be only a temporary relief.

Therefore, a way must be found by suggesting to the Government to allow recording of only formal witnesses from Police Stations, while material witnesses should be compulsorily brought before the Court. While selecting who should be the formal witness amongst the police officers, the choice of defence Counsel should prevail, and in case in a particular case and peculiar facts the defence Lawyer wants even a formal witness to be examined, the Court should grant permission for the same.

So, I think that in such a situation, negotiation should not be stopped and the Government should be told in unequivocal words to hear the representatives of the Bar before allowing police to have its own way. It is shocking that some Police Stations are in a tearing hurry to implement the same. This will not be tolerated by the legal fraternity. The Government must know that the criminal trial is different from civil cases and the accused deserves a very fair opportunity to prove his innocence in view of Article 21 of the Constitution. Therefore, recording of evidence by IO or other material witnesses consisting of other police officers at their own Police Station will certainly go against the spirit of Fair Trial.

So the Coordination Committee may take steps which are necessary to discuss all pros and cons of the issues arising out of the present notification, which gives wide power to police to get the evidence of any of their own police officers recorded at their sweet will in their own Police Station.

These are my personal views. However, we shall all wait for the final call of the Coordination Committee.

Written By (Rajiv Khosla Adv )
Member, Bar Council of Delhi
Former President of DHCBA & DBA

25Aug, 2025

“Beyond Vows: Understanding the Legal Bonds of Marriage and Civil Unions”

Marriage has long been regarded as a sacred institution, binding two individuals in a personal and legal partnership. In modern times, civil unions have emerged as an alternative legal framework, offering couples similar rights and protections without necessarily invoking traditional marital definitions. While both serve to recognize and regulate personal relationships, they differ in scope, recognition, and cultural significance.

Marriage: A Blend of Tradition and Law

Marriage is both a social and legal contract. Beyond being a cultural or religious celebration, it establishes legal obligations between spouses, such as inheritance rights, joint ownership, tax benefits, and spousal support. In most jurisdictions, marriage is universally recognized, granting couples access to a wide range of rights across borders.

Civil Unions: An Alternative Framework

Civil unions were introduced primarily to provide legal recognition to couples—often same-sex partners—who were historically excluded from marriage. These unions typically extend many of the same benefits as marriage, such as property rights, hospital visitation, and health insurance coverage. However, the recognition of civil unions may be limited, as not all jurisdictions treat them as equivalent to marriage.

Key Differences Between the Two

Recognition: Marriage enjoys broader national and international recognition, while civil unions may only be valid within specific regions.
Cultural Significance: Marriage carries deep cultural, religious, and traditional connotations, whereas civil unions are seen more as a legal contract.
Scope of Rights: Although similar, civil unions may not always grant full parity with marriage in areas such as taxation, adoption rights, or immigration benefits.

Why the Distinction Matters

For couples deciding between marriage and civil union, the choice often depends on personal beliefs, legal advantages, and societal acceptance. While marriage offers the widest recognition, civil unions may appeal to those who prefer a legal partnership without the cultural or religious associations of marriage.

Conclusion

Whether through marriage or civil union, the law acknowledges the importance of personal relationships and the need to safeguard the rights of partners. Understanding the distinctions helps couples make informed choices that align with their values, while also ensuring that their legal and financial interests are protected.

22Aug, 2025

Intellectual Property: Protecting Ideas, Powering Innovation

Introduction

In today’s knowledge-driven economy, ideas are the true currency of success. Intellectual Property (IP) plays a crucial role in safeguarding these ideas, ensuring that innovators, creators, and businesses can protect their work while gaining recognition and financial benefits. From technology to art, and from pharmaceuticals to entertainment, IP rights are the backbone of innovation and creativity.

Understanding Intellectual Property

Intellectual Property refers to creations of the mind—such as inventions, designs, literary works, artistic expressions, trademarks, and trade secrets. The law grants exclusive rights to the creators or owners of these works, allowing them to control how their creations are used, shared, or monetized.

Key Types of Intellectual Property include:

Patents – Protect inventions and technological innovations.
Trademarks – Safeguard brand identity like logos, names, and symbols.
Copyrights – Protect artistic and literary works, such as books, music, and films.
Designs – Cover the unique appearance of products.
Trade Secrets – Protect confidential business information.

Importance of IP Protection

Encourages Innovation – By securing rights, inventors are motivated to create more.
Economic Growth – Businesses can monetize IP, attracting investments and generating revenue.
Brand Recognition – Strong trademarks and copyrights build trust with consumers.
Competitive Advantage – IP provides companies with exclusive rights, creating market leadership.

Challenges in Intellectual Property

Despite its importance, IP faces challenges such as piracy, counterfeiting, cyber theft, and complex cross-border disputes. Strong enforcement mechanisms, awareness, and global cooperation are necessary to tackle these issues effectively.

Conclusion

Intellectual Property is more than a legal right—it is a tool for progress. Protecting ideas not only rewards creators but also fuels innovation, drives business growth, and contributes to societal advancement. In a world where creativity and technology evolve rapidly, safeguarding intellectual property is the key to sustaining innovation and empowering the future.

20Aug, 2025

The Legal Battlefield: Strategies and Struggles in Criminal Litigation

Criminal litigation is often described as one of the most intense and high-stakes arenas of law. It is not just about laws, statutes, and courtroom procedures—it is about justice, liberty, and the protection of fundamental rights. Every case represents a battle of narratives, where the prosecution seeks to establish guilt while the defense fights to preserve the presumption of innocence.

The Nature of the Battlefield

Criminal litigation is unique because the consequences of its outcome are profound. The stakes may involve imprisonment, financial penalties, or even the accused’s reputation and future. Unlike civil disputes, criminal trials involve the state as a party, making the process more rigorous and adversarial.

Strategies in Criminal Litigation

Success in criminal litigation is often determined by strategy. Lawyers must meticulously analyze evidence, cross-examine witnesses, and identify procedural flaws. The prosecution relies on building a chain of evidence beyond reasonable doubt, while the defense works to highlight inconsistencies, gaps, or violations of the accused’s rights. Effective strategies often combine legal acumen, logical reasoning, and persuasive advocacy.

The Struggles of the Process

Criminal trials can be emotionally draining, lengthy, and complex. The accused often faces social stigma even before the judgment. Lawyers must balance ethical duties with client interests, all while navigating systemic challenges such as delays, witness hostility, or investigative lapses. For victims, the process may feel daunting as they seek closure while reliving traumatic experiences.

The Larger Picture

At its core, criminal litigation is more than a legal process—it is a safeguard of democracy and rule of law. By ensuring fair trial rights, the system attempts to strike a balance between punishing the guilty and protecting the innocent. Despite its challenges, it remains an essential pillar of justice.

19Aug, 2025

Beyond Transactions: Powering Growth Through Banking & Finance

Banking and finance form the backbone of every modern economy. They are not just about deposits, withdrawals, or lending money—they are powerful enablers of growth, innovation, and stability. From funding new businesses to supporting governments in infrastructure projects, the sector plays a vital role in shaping societies.

Banking provides a safe system for savings, credit, and investment. It ensures liquidity in the market, helps individuals achieve personal goals like home ownership or education, and fuels businesses by providing working capital and long-term financing. Modern banking has gone beyond traditional brick-and-mortar branches, embracing digital platforms, mobile banking, and fintech solutions to reach wider audiences.

Finance, on the other hand, encompasses the broader management of money—covering investment, capital markets, insurance, and wealth management. It enables businesses to expand globally, individuals to secure their futures, and governments to manage economies effectively.

Key Pillars of Banking & Finance:

Innovation: Fintech, digital payments, blockchain, and AI are reshaping the industry.
Risk Management: Ensuring security, compliance, and stability in transactions.
Inclusion: Financial literacy and accessible banking services promote equality and empowerment.
Sustainability: Green finance and ethical investment are gaining importance in a changing world.

Ultimately, banking and finance are not just transactional systems—they are growth engines, transforming aspirations into reality and enabling nations and individuals to thrive.

18Aug, 2025

Foundations of Fortune: Navigating the Real Estate Market

Real estate has always been one of the most trusted avenues for building wealth. From owning a home to investing in commercial properties, the sector continues to serve as a cornerstone of financial growth and security. However, navigating the real estate market requires more than just capital—it demands strategy, timing, and awareness of market dynamics.

The foundation of fortune in real estate begins with research. Understanding location trends, government policies, and infrastructure development is essential before making any investment. A well-chosen property in a growing area can yield substantial returns, while an uninformed decision may lead to losses.

Another key factor is diversification. Instead of putting all resources into one type of property, investors can explore a mix of residential, commercial, and rental opportunities. This spreads risk and creates multiple income streams.

Legal and financial due diligence is equally important. Title checks, regulatory approvals, and taxation clarity ensure that investments are secure. Many buyers and investors seek expert advice from lawyers, chartered accountants, and consultants to avoid pitfalls.

In today’s digital era, technology is reshaping real estate. Online listings, virtual tours, and data-driven insights empower buyers to make informed choices. At the same time, real estate remains deeply personal—it’s not just about property, but about dreams, stability, and legacy.

Ultimately, fortune in real estate is not built overnight. With patience, knowledge, and professional guidance, the market becomes a pathway to long-term wealth and financial independence.

17Aug, 2025

चंडीगढ़ में वकील व सहायक की गिरफ्तारी: “जज के नाम पर 30 लाख रिश्वत”

चंडीगढ़ की न्याय व्यवस्था को झकझोर देने वाला मामला तब सामने आया जब पंजाब-हरियाणा हाईकोर्ट से जुड़े एक वकील पर गंभीर आरोप लगे। वकील जतिन सलवान ने एक क्लाइंट से कहा कि यदि वह अपने पक्ष में निर्णय चाहता है, तो बठिंडा कोर्ट के एक जज को 30 लाख रूपए रिश्वत देने होंगे। उनकी इस मांग और भूमिका में शामिल बिचौलिये सतनाम सिंह को, सीबीआई ने रंगे हाथों गिरफ्तार कर लिया।

अभियोग का क्रम और गिरफ्तारी की कहानी

शिकायत और प्रारंभिक जानकारी
क्लाइंट के कजिन हरसिमरनजीत सिंह ने इस ब्लैकमेल की शिकायत सीबीआई को 13 अगस्त 2025 को की। शिकायत में बताया गया कि वकील ने जज के नाम पर फैसला दिलाने के लिए 30 लाख की मांग की, साथ ही कहा कि “रिश्वत के पैसे कभी कम नहीं होते।
सीबीआई कारस्तानी और गिरफ्तारी
सीबीआई ने 5 लाख रूपए की पहली किस्त लेने के समय जाल बिछाया और वकील जतिन सलवान व बिचौलिया सतनाम सिंह को रंगे हाथों गिरफ्तार कर लिया। फोन रिकार्डिंग और वीडियो सबूत सीबीआई के पास थे। दोनों अभियुक्तों को अदालत में पेश कर न्यायिक हिरासत में भेज दिया गया |
न्यायिक प्रक्रिया और आगे क्या हो सकता है
जज का कोई प्रत्यक्ष संलिप्तता सामने नहीं आई है, लेकिन यह माना जा रहा है कि मामले में बठिंडा कोर्ट के जज को नोटिस भी भेजा जा सकता है। यदि जांच में कोई और तथ्य सामने आते हैं, तो और गिरफ्तारियाँ भी हो सकती हैं।

इससे पहले भी विवादित इतिहास

इस मामले से पहले, वकील जतिन सलवान विवादों से भी जुड़ चुके थे। 2015 में उन पर एक NDPS मामले में धोखाधड़ी और साजिश रचने का आरोप लगा था, जिसमें उन्होंने रिटायर्ड पुलिस अधिकारी सहित अन्य लोगों को फंसाने की साजिश रची थी। मामला तक गया और उस समय वकीलों ने उनके समर्थन में वर्क सस्पेंड की कोशिश भी की थी।

क्या यह बस एक वकील का मामला है?

यह मामला मात्र एक वकील की गलत कदाचार नहीं है, बल्कि न्याय प्रणाली की साख पर भी सवाल खड़े करता है। यहाँ कुछ महत्वपूर्ण पहलू हैं:

पारदर्शिता और जवाबदेही की कमी
यदि वकील बिना किसी प्रत्यक्ष जुड़ाव वाले जज का नाम इस्तेमाल कर सकता है, तो इससे पता चलता है कि प्रणाली में पारदर्शिता के कमजोर स्तंभ हैं।
मध्यस्थता का खतरनाक खेल
बिचौलिया का शामिल होना इस बात का प्रमाण है कि कैसे न्याय दिलाने या फैसले दिलवाने के नाम पर दबाव बनाए जाते हैं, और इसमें बाहरी लोग—सिस्टम के बाहरी—भी शामिल हो जाते हैं।
सुनवाई की गति बनाम निष्पक्षता
अक्सर मामलों की तेजी से सुनवाई व सुविधाएं वकीलों द्वारा वादियों को आकर्षित करती हैं। लेकिन जब यह समय या स्थिति रिश्वत की डिमांड से जुड़ती है, तो न्याय की निष्पक्षता प्रभावित हो जाती है।
पूर्व इतिहास और बदलाव की संभावना
सलवान जैसे मामलों में दोहराव यह दर्शाता है कि वकील समुदाय में अनुशासन और नैतिकता पर और अधिक काम करने की आवश्यकता है।

11Aug, 2025

Guardians of Rights: Strategic Advocacy in Writ Litigation

Writ litigation stands as one of the most powerful tools in the Indian legal system, enabling individuals to seek immediate relief against violations of their fundamental and legal rights. Rooted in the Constitution, writ petitions provide a direct path to justice by empowering the High Courts and the Supreme Court to intervene where other remedies may be inadequate or delayed.

Understanding Writ Litigation

Under Articles 32 and 226 of the Indian Constitution, citizens can approach the courts through writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. Each writ serves a unique purpose—ranging from securing the release of an unlawfully detained person to preventing authorities from acting beyond their jurisdiction.

Strategic Role of Advocacy in Writs

Swift Action in Urgent Cases
Writs are often used in time-sensitive situations, such as unlawful detentions, suspension of licenses, or denial of essential rights. A strategic lawyer ensures petitions are drafted and filed promptly to prevent further harm.
Precision in Drafting
The success of a writ petition depends on its clarity, legal grounds, and supporting evidence. Effective advocacy demands precise drafting that leaves no room for ambiguity.
Identifying the Correct Writ
Choosing the appropriate writ based on the facts is critical. Misclassification can delay proceedings or weaken the case.
Challenging Administrative Overreach
Writ petitions are an essential check on arbitrary or illegal actions by government bodies, ensuring that no authority operates above the law.

Why Writ Litigation Matters

Writ jurisdiction is not just a legal mechanism—it’s a guardian of democracy, protecting individuals from abuse of power. For the common citizen, it offers a direct lifeline to justice when other legal remedies prove ineffective.

Conclusion

In the realm of writ litigation, strategic advocacy is the bridge between rights on paper and rights in practice. By combining constitutional insight, quick legal action, and persuasive representation, legal professionals truly serve as guardians of rights.

7Aug, 2025

wife’s allegation of impotency against husband in divorce plea is not defamation; quashes criminal complaint – The Law Literates

Bombay High Court rules that a wife’s allegation of impotency against husband in divorce plea is not defamation; quashes criminal complaint, citing IPC exception

Important Paras Of judgment

15. It is her case that the husband was not capable of intercourse and according to husband these allegations have damaged his reputation. The learned Advocate for the Respondent has pointed out to me a certificate showing that there is a son begotten from the said marriage. In this petition we are not deciding whether the allegation of impotency is true or false and whether the husband is capable of intercourse or not. We have only to decide whether these imputations are made without good faith and and not for protecting the interest of the maker.

16. This Court feels that when the litigation is in between both the spouses arising out of a matrimonial relationship, the wife is justified in making those allegations to support her interest. As said above, there is no judicial finding given by any Court in either way. So this Court feels that these allegations falls within the exception Ninth to Section 499 of IPC. The Accused No.2 is a father of Accused No.1 and Accused No.3 is the brother. It is their case that they have been joined unnecessarily in that particular case.

17. The power under Section 482 of the Code and Article 227 of the Constitution has to be exercised when there is a misuse of the process of the Court. So just because there is no order of issuance of process, it does not mean that the petition is filed at pre-mature Uploaded on – 31/07/2025 Downloaded on – 31/07/2025 17:20:28 LSP 14 903 wp 2686.24.doc stage. This issue has already been clarified by the Supreme Court

18. The ratio in case of X v/s . Y will not be helpful to the Complainant for the reason the Supreme Court has already clarified the issue on this aspect. The learned Single Judge has laid down certain principles where it can be said offence of defamation. It finds place in Para No.16. It was also a case wherein defamatory allegations are made in a petition challenging the order of interim custody of a daughter. On the basis of such allegations about impotency only criminal law was set in motion. There is a discussion about availability of an option of filing writ petition and filing revision application. Learned Judge deal with facts in para no. 23 and gave its findings in para no. 24. learned Judge held evidence need to be adduced. The learned Single Judge was pleased to dismiss the petition but this Court is bound by the law which is interpreted by the Hon’ble Supreme Court. I am inclined to allow the petition.

To read the Judgment kindly click here 👇🏻

Bombay High Court Judgment – Divorce – Defamation – The Law Literates

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