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We strive to keep the legal process simple and affordable. Our unique approach ensures we resolve your legal issues effectively and efficiently.

Best Legal Strategy

we align the strategy with industry standards and best legal services to ensure your business result.

Spread the practice of pro bono worldwide to drive social change

To take that idea further and relate it to ISR we decided to repay the society by utilizing our Legal Expertise, to impart free legal Aid to the less privilege people of the society

Tuesday, April 19, 2016

Sex After Marriage, Can be a Marital Rape - New Debate In India

Maneka Gandhi's  statement about marital rape has caused a massive uproar, in India now a days.

"It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament, etc,"

'marital rape should be made a crime' and 'marital rape not being a crime is a blot on this country.'
Attorney General Mukul Rohtagi said

"Calling marital rape a 'concept' is such nonsense. It is a crime. It is rape. It is violence," said Marriage is not a contract that allows unfettered access to a woman's body" 
Farah Naqvi, a women's rights activist.

Rape and Sex after Marriage are synonyms?
Section 375 in The Indian Penal Code says:
“Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
(Sixthly) — With or without her consent, when she is under sixteen years of age.
Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

Validity of Concept
First, Second, and Third scenario is common in Indian Families, most of the time Husband, having sex with his wife against her will and consent, but the last explanation reverse the whole picture, which exempt such sex to Rape.

It would be right to say "Marital Rape" or an Emotional abuse by her husband?

The Root
The root of the word "Rape" are in "Raptus" means "imply violent theft, both property and person,  same as women's abduction or sexual molestation, the theft of women body against her consent.
Statement of Chief Justice in England Sir Mathew Hale, is important here
 “The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract.”

Well wife were never subject to the rape law, does it means, women has no choice over his body? or it is subject matter of Husband, and she has to act according to the wish of his?

Is sex obligation in marriage?
Certainly, not, she has sole right and his consent matters. But when we look at the law in this regard such as Restitution of Conjugal, “the right of relating to marriage or to married persons and their relationships” in every religion of Indian society, tend to support this.
Concept of Marital Rape is Justify?
Family and marriage are the basic institutions of any society. Approving the concept of "Marital Rape" would be sabotage on the institution of marriage, as the idea of marriage is sacrosanct, and sex is the basic foundation of it. However, it doesn't mean the Wife considered as a property, or an instrument of sex in marriage and sex is Man's Right.

Under Indian society, Marriage is not only a relationship between two entities but it is an Institution, which make the foundation of society, and ultimately the nation.  Adding the element of office or criminality in it would be an attempt to pollute the Institution, and the whole structure of society will collapse.

The institution of Marriage is a primary institution in this society, and individual’s existence in the society is bound by certain established forms of procedure characteristic of group activity.

On that basis such right cannot be given to one individual such as Husband, wife are also entitle for it.

Friday, April 15, 2016

Contract Forensic a strategic foundation for every business investment

“A good businessman never makes a contract unless he's sure he can carry it through,” 
Dalton Trumbo,
A legal contract or an agreement is not a mere piece of paper for signing between two parties, which is happening now a day.  When a business entity is simply relying on “Contract Vetting” or “Contract Analysis”, which is nothing else but a clause by clause reading, or interpretation the law thereto. In a long run it is impacting the structure of the Business growth, vision, mission, and of course, profitability.
Every contract has specific genesis and intent; don’t be mistaken if any documents that don’t contain visible identifiable marks may contain a virus which may not be diagnostic by simple vetting or analysis, if they underneath with other agreement, documents, business plan, business strategies, object, philosophy, operations etc.
The investigation should be performed by a qualified forensic document specialist , preferably one who understands business objective apart from Law.
Contract Forensic is scientific applications which examine the contract on “Cause and Effect”. Contract Forensic expert during the course of an investigation of contract, collaborate with the Business Object, Philosophy, Vision, Mission, Growth Opportunities, Investment protection, relationship with counterparts, and foremost the benefits of the business on a long run.
In addition to their laboratory role, Contract Forensic expert confirm as expert of law the legal validity, and consequences.
In fact it gives a strategic foundation for every business investment.
The Law Office "TLO"

Tuesday, March 15, 2016

Contract Forensic Specialists

When I say, Contract Forensic, it does not mean Vetting,  analysis, or finding holes in the Contract. It is a much wider concept, developed with intend to Investment protection which is the centrifugal force for ever investment, as it  failed to achieve its possible objectives liberalization, protection and promotion now a days. 
Contract Forensic gives a strategic foundation for every business investment.....

Thursday, March 10, 2016



A long standing demand of the real estate consumers come to an end with a regulatory mechanism “Real Estate (Regulation and Development) Bill” certainly it is going to be a game changer with regard to arbitrary behavior of Builders, estate confidence building.

Real estate development and housing construction was largely the concern of State institutions till the 1980s with very few private promoters and a nascent industry. With the liberalization of the economy, conscious encouragement was given to the growth of the private sector in construction, with a great deal of success, and the sector today is estimated to contribute substantially to the country’s GDP.
 Currently, the real estate and housing sector is largely unregulated and opaque, with consumers often being unable to procure complete information, or to enforce accountability against builders and developers in the absence of effective regulation.

Key Features:

Applicability of the Bill

It is now proposed to cover both residential and commercial real estate;
Except the Municipal bodies and government projects

Mandatory Public Disclosure of All Project Details

This law makes it mandatory for developers to post all information on issues such as project plan, layout, government approvals, land title status, sub contractors to the project, schedule for completion with the State Real Estate Regulatory Authority (RERA) and then in effect pass this information on to the consumers. 
Discloser of Carpet Area

The current practice of selling on the basis of ambiguous super built-up area for a real estate project will come to a stop as this law makes it illegal. Carpet area has been clearly defined in the law, as net usable area of an apartment which means now you will be charged only for your carpet area.

Compulsory Deposit Of 70 Percent

This Act obliges the developer to park 70% collections from buyers should be deposited in separate escrow account to cover cost of construction and land. This will ensure that developers are not able to invest in numerous new projects with the proceeds of the booking money for one project, thus delaying completion and handover to consumers. 

Alteration In The Plan

The developer cannot make any changes to the plan that had been sold without the written consent of the buyer. This puts paid to a common and unpopular practice by developers to increase the cost of projects.

Delay in project- Developer Liability

Any delay in project completion will make the developer liable to pay the same interest as the EMI being paid by the consumer to the bank back to the consumer. 

Establishment of Real Estate Regulatory Authority

Establishment of one or more ‘Real Estate Regulatory Authority’ in each State/ Union Territory (UT), or one Authority for two or more States/UT, by the Appropriate Government for oversight of real estate transactions.
To appoint one or more adjudicating officers to settle disputes and impose compensation and interest.

Establishment of Real Estate Appellate Tribunal

Real Estate Appellate Tribunal to hear appeals from orders of the Authority and the adjudicating officer.

Fast Track Dispute Settlement Mechanism

Appellate Tribunals will now be required to adjudicate cases in 60 days as against the earlier provision of 90 days
Punitive Provisions:

The maximum jail term for a developer who violates the order of the appellate tribunal of the RERA is three years with or without a fine.

The Bill provides for imprisonment of up to three years in case of promoters and up to one year in case of real estate agents and buyers for any violation of orders of Appellate Tribunals or monetary penalties or both.

Misleading advertisements to be made punishable offence where first-time offenders will be fined 10% of project cost and repeat offenders could face jail term.

No doubt, it is going to be a big support to consumer against the  arbitrary nature of builders, but the success of the bill depend on the fast track adjudication, else it would be a piece of legislature.
If we compare it with the Consumer Protection Act, which has also the sprite and Mandate for time bound disposal, but it seems to be contrary to it, and rather protecting the consumer it is losing it sprite, because of delay in disposing the case.

Friday, January 15, 2016

Save your time to read judgement

Consumer Protection Act

Section 22 A  Power to set aside ex parte orders

Whether the District Consumer Forums and the State Commissions have the power to set aside their own ex parte orders or in other words have the power to recall or review their own orders?

Friday, March 20, 2015

जय माता दी | नवराते की शुभ कामनाये |

माँ भगवती सब पर अपनी किरपा करे |
जय माता दी |
नवराते की शुभ कामनाये |

गुढीपाडवा – शुभेच्छापत्रे

प्रभू रामचंद्रांनी चौदा वर्षे वनवास भोगून लंकाधिपती रावण व राक्षसांचा वध करून या दिवशीच अयोध्येत प्रवेश केला. शालीवाहन राजाने शकांचा पराभव करण्यासाठी सहा हजार मातीच्या सैनिकांचे पुतळे तयार केले व त्यात प्राण निर्माण करून त्यांच्या साह्याने याच दिवशी शकांचा पराभव केला ह्या शुभ गोष्टी याच दिवशी घडल्या म्हणून घरोघरी वर्षप्रतिपदेच्या दिवशी वेळूची काठी स्वच्छ धुवून, तिला तांबडे वस्त्र नेसवून, फुलांची माळ व साखरेची गाठी बांधतात. टोकावर चांदीचे किंवा तांब्याचे फुलपात्र पालथे ठेवतात. मग अशीच सजवलेली गुढी घराच्या दाराशी उंच गच्चीवर लावून आनंद साजरा करतात. या पाडव्याच्या शुभदिनी नव्या वर्षात सहकार्य करण्याचा संकल्प करावा व शुभेच्छा व्यक्त कराव्यात.
गुढीपाडवा हिंदू दिनदर्शिकेप्रमाणे चैत्र शुद्ध प्रतिपदेला साजरा केला जातो. हिंदू वर्षातील हा पहिला दिवस आहे. पुराणात सांगितलेल्या साडेतीन मुहूर्तांपैकी एक मुहूर्त. या दिवशी महाराष्ट्रात लोक घरासमोर गुढी उभारतात. कर्नाटक आणि आंध्रप्रदेश येथे उगादी या नावाने साजरा करण्यात येतो. गुढी किंवा ब्रह्मध्वज ही आनंद आणि विजयाचे प्रतीक आहे. गुढी उंच बांबूपासुन तयार केली जाते. बांबूच्या एका टोकाला रेशमी कापड, कडुलिंब, फुलांचा हार आणि साखरेची माळ बांधून त्यावर धातूचे भांडे/तांब्या बसवले जाते व नंतर गुढी पाटावर उभी केली जाते.
– विकि

Friday, March 6, 2015

Happy Holi to you and your family. We wish your health, prosperity and business achievements at this joy colour eve. MayGod bless you with all his mercies! .

Monday, January 26, 2015

Happy Republic Day........

Sunday, January 25, 2015



Tuesday, December 23, 2014

TLO e Services- Anytime Anywhere

If your legal problem is difficult or involves lots of money, you might not want to attempt to handle the entire matter without a lawyer. We offer strategic advice and apply sophisticated technical skills to legal problems.

To give more comfort TLO started eService, which is more easy and convenient to you, which can be accessed by email, mobile and chat, we are  willing to serve you as a legal "coach" to help you, educate yourself to the maximum extent possible and to take over as your formal legal counsel only if necessary.

Sunday, November 30, 2014

My Journey Naveen Kumar Shelar

Monday, September 22, 2014


FDI is becoming the hot cake in Indian Political arena, people who are on the right side and some are on the left side in support and protest. Certainly it is a great growth tonic for any economy, and India requires the stimulant for its current economic growth. According to Nomura report net FDI inflows to India could cross USD 30 billion marks this fiscal year.

Indian Government is aggressive to increase the FDI inflows in India. Way back government had opened the retail sector to FDI with economic relax process set in place by the Industrial Policy of 1991, in 1995 WTO General Agreement on Trade in Services, for wholesale and retailing services was the forwarding step. Year 1997 seems to be the mile stone when 100% rights allowed under the government approval route; in cash and carry. The escalation in the initiatives seen in the year 2011 and 2012 when 100% FDI in Single Brand Retail allowed, and on the very next year government allowed 51 percent foreign investment in multi-brand retail. Recently Consolidated FDI Policy (Effective from April 17, 2014), setting new horizon in FDI in India,  the Intent and Objective says 

“It is the intent and objective of the Government of India to attract and promote foreign direct investment in order to supplement domestic capital, technology and skills, for accelerated economic growth. The Government has put in place a policy framework on Foreign Direct Investment, which is transparent, predictable and easily comprehensible. This framework is embodied in the Circular on Consolidated FDI Policy, which may be updated every year, to capture and keep pace with the regulatory changes, effected in the interregnum.”

India is moving fast from restrictive FDI regime to liberal word. Resource, Equity, Execution, Banking, Insurance, Compliance, Infrastructure, and Transportation were barrier in Indian FDI, even   big firms in India were not permitted to retrench or layoff any workers, or close down the unit without the permission of the state government, now, States have been more reform-oriented and stringent regulations is going down.

Recently, pardhan mantra jan dhan yojna (PMJDY), is considered to be the Financial sector reforms, to strengthen the micro finance structure of Indian society.

The Foreign investors are optimistic to Indian market, due to rapid globalization of many industries and vertical integration but, to accelerate FDI flow in India, there are still needs for transparent sector oriented policies and a drastic reduction in time consuming re-tapism and an affirmative collaborative political approach is much needed.

Sunday, September 14, 2014

Digital Signature Laws in India

Digital signature is electronically generated and can be used to make sure the veracity and legitimacy of data. The dawn of information technology revolutionized the whole world, India is not an exception to it; as technological activism is the social behavior in India.
IT Act Provisions Related to Digital Signature
Section 3 of IT Act, made the provision for it as: Authentication of electronic records.-
(1) Subject to the provisions of this section, any subscriber may authenticate an electronic record by affixing his digital signature.
In IT Act, chapter 3 related to electronic governance, sections 4 and 5 are quite relevant.
Section 4 made the provision for Legal recognition of electronic records — where any law provides that information or any other matter shall be in writing, typewritten or printed form then not-withstanding anything contained in such law, given requirement shall be deemed to have been satisfied if such information or matter is—
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference
Section 5 Legal recognition of [electronic signatures] — where law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of [electronic signatures] affixed in such manner as may be prescribed by the Central Government.
Digital Signature Vs. Digital Certificate
Digital signatures are based on three pointers for authentication – Privacy, Non repudiation and Integrity in the virtual world, while the objectives of digital certificate are the authentication of documents, and bind the person who is putting the digital signature, which based on public key cryptography requires two separate keys, as secret and public. However, both the keys are linked together, one key encrypts the plain text, and another decrypts the cipher text, and neither key can perform both the functions. The other difference is digital signature is an electronic process of signing an electronic document while a Digital Certificate is a computer based record which is the identification of certifying agency or the identity of subscriber
Digital Signature Vs. Electronic Signature
The Information Technology Amendment Bill 2006, replaces the word “Digital” with the word “Electronic” at several places in the principal act, which creates a slight difference between the two, electronic signature is wide in nature, while the digital signature is one of the many kinds of electronic signature.
Section 2(ta) “electronic signature” means authentication of any electronic record by a subscriber by means of an electronic technique specified in the second schedule and includes digital signature and section 2(p) defined “Digital Signature Certificate” means a Digital Signature Certificate issued Under sub-section (4) of section 35.
The Indian Evidence Act and Digital Signature
After the IT Act 2000, it was necessary to make an applicable amendment in the Indian Evidence act, to make it compatible.
Section 3 in the definition of “Evidence”, for the words “all documents produced for the inspection of the Court”, the word “all document including electronic records produced for the inspection of the Court”
Section 47A, says when the court has to form an opinion as to the digital signature or any person, the opinion of the certifying authority which has issued the Digital Signature Certificate is a relevant fact. It means while drawing the conclusion, court gives the weight of the digital signature as a relevant fact.
Further 67A proof as to digital signature – except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.
Section 85B exhibits the positive presumption as  Presumption as to electronic records and digital signatures.- (1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.
Indian Penal Code
Section 464 Making a false document: A person is said to make a false document or false electronic record—
First — who dishonestly or fraudulently-
Makes or transmits any electronic record or part of any electronic record;
  •  affixes any [electronic signature] on any electronic record;
  • makes any mark denoting the execution of a document or the authenticity of the  [electronic signature],
with the intention of causing it to be believed that such a document or a part of document, electronic record or  [electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or
Secondly —Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with  [electronic signature] either by himself or by any other person, whether such person be living or dead at the time of such alteration; or
Thirdly —Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his  [electronic signature] on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

Sunday, September 7, 2014

How is an Electronic Contract is Enforced?

Advancement of technology, globalization, speed, convenience and efficiency are the prime attribute to promoting the electronic contract. All the general rules such as offer acceptance and other qualification of contract are mentioned in the Indian Contract Act 1872 are applicable, adding to that certain provisions of IT Act 2000 authenticate its importance.
Browse Wrap Agreement or Browse Wrap License
Browse Wrap term is used to denote access to the use of materials which are available on websites for use and download, which is hyper-linked, and users must agree in exchange for using the website. Such types of agreements are intended to be binding on the contracting parties by the mere browsing of the website.
Such a type of contract does not require the manifestation of assent by clicking “I Agree” or “I Accept” tab, but a web-site user purportedly gives his or her assent by simply downloading or using the product or by entering the website.
An important feature of browse wrap agreement is that the party/ user can see the applicable terms and conditions before downloading/ using the product, which exhibits more transparency compare to other electronic contract, and it deem to be constructive notice by the court.
But it is the strange situation to answer the question like: How does one demonstrate that a user assented to the Terms of Use agreement?
Though there is no way to express sign of consent, and any acceptance of the agreement, if it comes, must be subject on the simple act of browsing the site. It is deem the browse wrap agreement is the implied contract, as there are no clear sign of acceptance, but the other party puts a notice on the website to terms of use, it certainly raises a question: Does it mean it is an implied contract or a standard form of contract?
The answer may touch both the aspects, it is sort of an implied contract, as no clear manifestation of acceptance is given, but the mere use of website implies consent to the terms and conditions of website.
And as for the second aspect, it seems to be standard form of contract, as there is no room for bargain or redlining the contract as the general rule of contract meeting of mind, but the dominance of party subsist. It does not mean that it is the absolute principle, because there are many protective devices available, and merely using the website does not constitute acceptance of the terms of use unless there was evidence that the user knew, or should have known, it means the use is the conditional aspect.
It is also important to perceive the standard contract doctrine which enunciates that when an advantage is offered subject to declared conditions, and the user decides to obtain the benefit with knowledge of the conditions of the offer, the act of taking the benefit constitutes an acceptance of the terms, which therefore become binding on the user.
The same situation In Register.com, Inc. v. Verio, Inc., 356 F.3d 393; 2004 U.S. App. LEXIS 1074; 69 U.S.P. Q.2D (BNA) 1545 a New York court dealt wherein a violation of browse-wrap agreement. It was contended by the defendant that the terms (Terms of Use) did not form a binding contract because there was no” I accept” button to click. But the court held that “act of using the website is deemed to be acceptance”
Conditions for Binding in Browse Wrap Contract
Visibility on Website: There must be a reasonable anticipation that the user of the site would see it, either it is being exhibited to look for or displayed clearly so that user can visualize it easily before using the website.
Manifestation of Over Act: There must be some kind of physical over action, like downloading, accessing a site, that is sufficient to constitute an act of acceptance.
Thus, a browse-wrap agreement can be created by use of a web page or a hyperlink or a small disclaimer on the page. Courts examine the enforceability of browse-wrap agreements on a case-by-case basis, and there are no “bright-line” rules on whether a given agreement is sufficiently conspicuous.
That the icon for the terms of use agreement be placed in the upper left-hand quadrant of the homepage and that all visitors be channeled through the homepage. The reason for this suggestion is that the court will take judicial notice of the fact that all Internet pages open from the upper left-hand quadrant, thus the defendant must overcome the presumption that the icon was viewed. Without this presumption, the plaintiff has the burden of proving the defendant did see the icon.
Notice to the user is the key to enforce-ability.
  • Legal enforce-ability in browse wrap agreement by Notice
  • Legal enforce-ability is the fundamental condition of any contract, in browse wrap agreement; such as “using the Website, you’re agreeing to the terms and conditions of the agreements claiming that merely by click.

Thursday, August 28, 2014

Happy Ganesh Chaturthi

Wednesday, August 27, 2014

The Law Office Profile

Sunday, August 24, 2014

Indian Laws on Privacy of Digital Information of Users

When we log on to the Internet, innovative technologies present the assurance of an easier life, and also an apprehension of abuse by criminal minds. The statement of United Nations High commissioner for Human Rights, Navi Pillay “Internet privacy as important as human rights” and further the resolution called on the 193 UN member states as “to review their procedures, practices and legislation regarding the surveillance of communications, their interception and collection of personal data, with a view to upholding the right to privacy of all their obligations under international human rights law”, exhibits the importance of digital privacy and law.
Internet is the social behavior of global society; India is no exception to it, data protection and privacy depend on ‘The Information Technology Act 2000′, and this article cannot be completed without the reference of Art 21 and Art 19. While there is no express indication to a right to privacy into the Constitution of India, an interpretation of Supreme Court of India considered it under article 21, life with dignity, and freedom of expression under article 19.

The Information Technology Act, 2000 (IT Act, 2000)

IT Act 2000 was the first constructive attempt on data protection legislation in India; it was the result of  the United Nations General Assembly Resolution A/RES/51/162 on 30th January, 1997 regarding the Model Law on Electronic Commerce.
The prime objective of IT Act 2000 is to provide legal frame work for electronic documents, digital signature, offence and legal remedy. It has two folds, it enunciated compensation (civil liability), and punishment (criminal procedure), both in public and private domain.
The Information Technology Amendment Act 2008, initialize data protection regime in India.    it  was the off spring of data protection laws in European Union, which obligates it’s member States to prohibit to send personal data to third party unless same genesis of laws are in place.
Image Source: Judicial Learning Center

Data Protection and Privacy

Section 43A (Penalty and compensation, for damage to computer, computer system, etc) is an important provision in the act which is based out on negligence, implementing reasonable security practices and procedures, wrongful loss and wrongful gain and compensation. This section envisages civil liability in terms of penalty and compensation If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network – accesses or secures , downloads, copies or extracts, introduces or causes to be introduced a computer virus, damages or causes to be damaged, disrupts or causes disruption, destroys, deletes or alters any information or computer or computer systems.
Sections 65 is the penal provision, as tampering with computer source documents, which establishes imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both, who knowingly or intentionally conceals, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.
Section 66 is the hot cake in recent time, it deals with Computer related offences, Section 66 read with section 43 execute a criminal mandate as if any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. The word used in the section dishonestly or fraudulently in relation to section 43 for curtaining hacking to computer or unauthorized use of protected information.
Section 72, Penalty for breach of confidentiality and privacy, – Directly demonstrate privacy protection with a penal provision. Section says “Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.”
Section 43A and Section 72A, protected the data even outside the India, but the expectation of corporate are too high, ‘The information technology amendment Act, 2008 was aimed to rectify such lacunas in our country, still much more is needed.
The Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules 2011 has been notified by Ministry of Information and Technology under Section 43A to define ‘sensitive personal information’ and to stipulate ‘reasonable security practices’.

Right to Information Act 2005 (RTI Act)

RTI Act is not an erosion to right to privacy. Indeed RTI Act established a safeguard against the violation of privacy under section 8(j), which exempt from disclosure of personal information, which is not serving any public purpose. further under section 11, establish a procedure where PIO intends to disclose any information on a request made under this act, which relates to or has been applied by a third party and has been treated as confidential by that third party, and such objections in writing or oral by third party shall be kept in view while taking a decision about disclosure of information.
Does it mean the present laws related to data protection and privacy are sufficient?
The answer is not affirmative, in the light of public policy, and transparency. Although there are various amendments and judicial pronouncements to strengthen data protection, but still the existing law is not competent to cope with emerging technologies.  Issues like conflict of jurisdiction, IPR protections, domain names, still need to be addressed and the training to investigations agencies is also an important part. I can remember an interesting case where in a CD was being seized by police personal for evidence, and to preserve the CD the Investigation Officer made a hole in it and then tagged it into the file, before producing in the court of law.
About the author: Naveen Kumar Shelar is an advocate and a legal consultant, who founded the online law firm –The law office. He is an author of several academic & professional legal books and management articles, and established an NGO called “Nayaya A Voice For Justice”  to ensure that nobody is deprived of an opportunity to seek justice merely for want of funds or lack of knowledge.