Overview of Law of Limitation

 

The Limitation Act, 1963 is the Act governed a time period in which a person can file a suit to sue another to get justice. If the suit is filed after the expiration of time period as specified in this limitation act, thus, it will be bared or cannot be maintained in a court. It also includes provisions for condonation, delay etc. The Limitation Law was firstly established in 1859 which came into exist in 1862. The law of limitation developed in stages and finally comes in the form of Limitation Act in 1963. It was enacted on 5th October, 1953 and came into force from 1st January, 1964.

Why should we adopt the Limitation Act?

The main objective of the Limitation Act, 1963 is to provide a specific time frame in which a person can file a suit in a court. If such law came not in exist then it will lead to never ending litigation as the person can file a suit for the cause of action which was done many years back. It prevents disturbance in society by suppressing fraud and perjury. In other words the law of limitation aims to protect the lengthy process of penalizing a person indirectly without an offence. In Balakrishnan v. M.A. Krishnamurthy, AIR 1988 SC 3222 it was held by the Supreme Court that the Limitation Act is based upon a public policy which is used for fixing a life span of a legal remedy or unnecessary delay for the purpose of general welfare. 

 

Legal Principles are everywhere!

Article 137 of the limitation Act state will apply to any petition or application of any act filled  civil court but it is not limited to the Code of Civil Procedure of which time frame is not mention in Limitation Act.

Section 3 of the act time limits of filling suit /Appeal/Application or other proceedings would be barred. This section equally lies on general public and also government through special time period prescribe for the state in section 25 of article 112 of limitation act. The construction of this section in which a suit, appeal or application is dismissed if it barred by the time period prescribed by legislature. Limitation is not pleaded in defense except when such limitation is extended by the provisions of section 4 to 24 (inclusive) applicable of such suit, Appeal or application. However, It does not attracted to ever case. Section 3(1) extends to suit as well as appeals and application. 

Section 4 of the act provides that such prescribed time of suit appeal or application expires on a date when the courts are closed. The proceeding may be held when the court re opens. 

Section 5 of the act provides an appeal or application other than mention in Order XXI of the code of civil procedure, may be admitted after the prescribed period in this act as per the discretion of the court if the party satisfied the court by the sufficient cause of delay for not making such application within time frame. It is also noted that this section is applied only on the appeals and applications or not to the suits. 

 

Sufficient cause for Condonation of Delay 

What constitutes sufficient cause has not specifically as hard and fast rule. The court is required to look into all the facts of the case. The question has to be decided on the facts and circumstances existing in particular case. No doubt it is a discretionary power of the court but such discretion will be exercised on sound judicial principle or not mere fancy or whims of the court. No court shall exercise its power in arbitrary manner not can act in vague manner. Sufficient cause may be determined by reference to the circumstances of the case such as:

(I) whether the cause which withheld him for filling the appeal within the time was beyond the control of the party; 

(ii) Whether the party exercised sufficient care and diligence in filling the appeal;

(iii) Whether his intention was bonafide. 

Following are some examples of “sufficient cause”

1.    Mistake of counsel: A legal adviser’s mistake is a bona fide is a sufficient cause. 

2.    Mistake of Clerk of an advocate: if the clerk of an advocate commits a mistake, it may be condoned if it bona fide on the technical ground. 

3.    Illness: A mere plea on illness itself, unless the effect of itself was such that in circumstances it would afford reasonable excuse for the delay in the presenting in appeal, such illness must be in serious in nature.

4.    Imprisonment: imprisonment in a criminal jail is may be considered as sufficient cause and the time spent in jail may be condoned. 

5.    Mistake or ignorance of law: ignorance of the law is not a sufficient cause. But it cannot be laid down as general position that ignorance of law cannot be regarded as sufficient cause. It may be laid down when such mistake is bona fide one, it can be considered as sufficient cause in this section ex. A wrong advice given by legal advisor. 

6.    Minority: if it is a factor to be taken into account when considering circumstances which justify the application for the extension of time should be more liberally constructed in favor of minors other than litigants. When the guardian’s failure to appeal was due to his strong personal motive for not appealing which was opposed to the interest of the minor. It was held that it was a sufficient cause for extending time. 

7.    Other grounds: Although government as such is not entitled to any special consideration under section 5; the time taken by the state government to communicate with the legal advisor of the central government may, in certain circumstances will be excused. 

In Ram Nath Sao v. Gobardhan Sao, AIR 2002 SC 1201 it was held by the Supreme Court that the expression “sufficient cause” within the meaning of section 5 should receive a liberal construction so as to the advance substantial justice when no negligence or gross negligence or lack of bona Fidel is imputable as a party. What is “sufficient cause” is depends on the facts or circumstances of each case. There cannot be straightjacket formula for accepting or rejecting explanation furnished for the delay. 

In the case of State of Jammu and Kashmir v/s Ghulam Rasool Rather The expression "sufficient cause" in section 5 of the Limitation Act should receive a liberal construction so on advance substantial justice. Rules of limitation aren't meant to destroy the rights of the parties. They are meant to ascertain that parties don't resort to deliberate tactics, but seek their remedy promptly. While considering a case for condonation of delay, the court should remember that in every case of delay there are often some lapses on the part of the litigant concerned. That alone isn't sufficient to show down his plea and shut the door against him. If the reason doesn't smack of mala fides or it's not put-forth as a part of a dilatory strategy the court must show utmost consideration to the suitor. But when there's reasonable ground to think that the delay was occasioned by the party deliberately to realize time, then the court should lean on acceptance of the reason. The discretion exercised within the matter of condonation of delay should be proper and judicious.

The law of Limitation and Condonation of Delay are two effective implementations within the quick disposal of cases and effective litigation. On the one hand if the law of limitation keeps a check on the pulling of cases and prescribes a period of time within which the suit are usually filed in time available within which the person can get the remedy conveniently. The law of Condonation of Delay keeps the principle of natural justice alive and also states the very fact that different people may need different problems and therefore the same sentence or a singular rule might not apply to all or any of them within the same way. Thus it's essential to listen to them and choose accordingly whether or not they slot in the standards of the judgement or whether or not they deserve a second chance. 

 

Computation of the period of Limitation 

Part III of the Limitation Act, 1963 deals with the computation of the period of the limitation. The rules of computation a period of limitation are not intended by the legislature to apply only to period of limitation prescribed by  the schedule but apply also to periods of limitation provided for by other enactments; Durag v. Pancham, AIR 1969 AII 403 (FB). The computation periods exclude the day on which such period is to be reckoned. In case any appeal or application for review or revision has been filed on the day in which the judgment is pronounced shall be excluded from the computation period and also the time period taken to get copy of the judgment or order shall also be excluded. Thus time period   starts from the day in which the order of the judgment is received. The limitation of filling of an appeal before the court commences from the date of judgment and not the date of decree is signed: Basavarajappa v. M.S. Channabasappa (1991) 2 CCC 20 (Karn).

 

Conclusion 
The principal of Limitation Act,1963 is based on the maxim interest republic ut sitis finis litium; which means the interest of the state should requires that there should be end of litigation to stop what may have acquired in equality and justice by long enjoyment or what may are lost by the party’s own inaction or negligence. The rule of limitation does not mean to destroy the rights of the public. It only purpose is the plaintiff does not delay unnecessarily or seeks remedy within the time frame stipulated by legislature. The right of the person continues to exist even after the remedy barred by legislature. A debtor may pay a debt even after a time barred debt and does not claim back on the limitation barred plea. 

Psychology and Divorce

The dissolution of a marriage is almost always an upsetting event, at the very least marked by disappointment and the loss of dreams and expectations.

In addition, there are legal, financial, parental, emotional, and practical challenges that require time, energy, and changes in responsibilities. It can take people years to regain equilibrium. Nevertheless, divorce serves an important function legally and emotionally.

Why People Get Divorced

One of the most significant events of the 20th century was a change in the roles women could take on in private and public life, allowing women more opportunities for satisfaction and happiness. With a shift in roles inside and outside the house came a necessary—and often contentious—shift in the division of responsibilities inside the home, one of many factors fuelling a highly publicized rise in divorce rates and liberalization of divorce laws.

Infidelity has long been a leading cause of divorce, along with financial upheavals. But one consequence of liberalized attitudes to divorce is a major addition to that list—the search for emotional closeness. Individuals today have high expectations for relationship satisfaction.

What are common reasons for divorce?

Research suggests that common reasons for divorce include lack of intimacy, lack of commitment, infidelity, and basic incompatibility. Other prevalent causes are constant conflict, financial differences, addiction, and abuse. Many people articulate the root of their divorce as a betrayal—of expectations, hopes, and dreams for the marriage.

How do I make the decision to divorce?

A therapist can help you reach a decision by exploring the struggles you’re facing, identifying whether or not those problems can be resolved, creating a realistic picture of what life would look like afterward, and how your children could be affected and protected. In the process of answering these questions, a moment of clarity often emerges.

How to Heal from Divorce

Divorce is as much an emotional process as it is a legal process, and It takes courage to start the process of splitting. One or both partners may experience waves of self-doubt. Both need an array of skills to work out the inevitable conflicts and disappointments that arise.

During divorce, two people must come to terms with the relationship failure, set up emotionally and usually financially independent lives, and put the relationship firmly in the past. It is important to understand and accept the role each partner played in the relationship breakdown. It is often helpful for divorcing partners to set up rules of engagement to limit contact with each other. The outside perspective of a professional counselor can be especially beneficial.

Eventually, the emotional turbulence subsides and it becomes possible—and necessary—to incorporate a richly nuanced story of the relationship, its failure, the divorce, and the resulting emotional growth into one's identity. Many exes find it helpful to adopt some kind of ritual—such as an exchange of letters or gifts—to mark the end, acknowledging a past together and moving toward a future apart.

 

What are the hardest parts of getting divorced?

A divorce can lead to deep or surprising losses. For parents, spending less time with children often hits hardest, in addition to the partnership of sharing in a child’s successes and disappointments. People may feel that they’ve lost their best friend, family traditions, financial security, and vision for the future. Acknowledging these losses is the first step toward healing.

 

Why can’t I let go of my anger toward my ex?

It can be incredibly difficult to release the anger that can accompany rejection and divorce. People may resist moving forward because they aren’t ready to detach from their suffering. Letting go of anger means letting go of the hope that the other person will ever feel remorse, see their perspective, or come back to them.

How Divorce Affects Children

Divorce usually breaks up a household and its routines. Children need assurance that they are still loved by both parents and that they will not be abandoned. They also need to be spared any conversations in which one parent denigrates the other for any reason. It is usually not the actual divorce that harms children but seeing their parents fight and in distress.

 

Because every child reacts differently to divorce, parental response is best tailored to the needs of each child. Often, kids are scared, confused, angry, or disappointed in one or both parents. The stress of the split and readjustment to change—especially if a household move is involved—can heighten anxiety, increase irritability, create behavior problems, beget social withdrawal or difficulty sleeping. There may be a drop in classroom attentiveness, and grades may suffer.

 

Many of the effects of divorce on children are short lived and resolve within a year or two. But others may be longer lasting and play out in later attitudes toward romantic relationships.

 

How does divorce affect children?

Research shows that children are not necessarily affected by living with a single parent. Family conflict, however, can lead to struggles with mental health, self-esteem, school, and future relationships. The more parents work to reduce conflict, the better off children will be.

 

How do I tell my kids that we’re getting divorced?

Tell your child soon after the decision has been made, and have a conversation together as a family. Explain the facts that matter to them—where they will live, who will pick them up from school—so that they know what to expect. Continue to emphasize your love for them, and the fact that that will never change.

 

How do I help my children adjust to the divorce?

Talk with your child regularly about the emotions they’re experiencing, and accept and validate those feelings. Prepare them for upcoming changes, such as a parent moving out. Keep a schedule, maybe even with a calendar on a wall, so they know what to expect and when they will see each parent.

 

How do I successfully co-parent after a divorce?

Successful co-parenting involves shielding children from parental conflict, showing respect for the other parent in front of your child, and supporting their relationship. Maintain open communication with the other parent when possible, or establish an agreed-upon co-parenting schedule. Aim to maintain the child’s routines, activities, relationships, and community.

 

Maintenance Provisions for Husbands in India: An Overview of the Special Marriage Act, 1954, Protection of Women from Domestic Violence Act, 2005 (PWDVA), and Code of Criminal Procedure, 1973 (CrPC)

 

The Special Marriage Act, 1954, provides for the maintenance of the wife and children of the marriage. Section 24 of the Act states that the court may, on the application of either party, order the other party to pay such maintenance to the applicant as the court may deem fit. Section 25 of the Act states that the court may, on the application of either party, order the other party to pay such maintenance to the children of the marriage as the court may deem fit.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides for the maintenance of the aggrieved person. Section 20 of the Act states that the Magistrate may, on the application of the aggrieved person, order the respondent to pay such maintenance to the aggrieved person as the Magistrate may deem fit.

The Code of Criminal Procedure, 1973 (CrPC) provides for the maintenance of the wife and children of the marriage. Section 125 of the CrPC states that the court may, on the application of either party, order the other party to pay such maintenance to the wife and children of the marriage as the court may deem fit.

In conclusion, the legal system of India provides for the maintenance of the husband, wife, and children of the marriage. The provisions of maintenance are gender-neutral and can be invoked in maintenance suits involving the husband as the aggrieved party.

Defense of Husband in Divorce Cases

 

 

Today men and women are treated with similar rights and duties from every aspect, that may be in legal or social. But in some legal point of view, the women are given a little advantage so that years long process of suppression can be removed social mind set and this little turns out to be big when a woman starts misusing it. In such cases, the unfortunate husband’s gets tired in surfing his legal way out and must stand the highhanded legal activities by misusing the provision of law by the wife.

 

In such peculiar and unfortunate situation, I will highlight some points which a husband should take care while fighting a divorce case of such a nature.

 

The husband has a right to report a petition for divorce without or with mutual consent. For the latter, the grounds for filing stay the same as that for a wife. those encompass cruelty, desertion, conversion, adultery, sickness, intellectual disorder, renunciation, and presumption of death.

 

Few things to Keep in Mind:

Before filing for divorce, men need to preserve some things in mind to make certain a favorable reaction with the aid of the courtroom. They ought to ensure a cordial relationship, which ought to exclude bodily, verbal, or sexual abuse. Even in case you locate it hard to live below the identical roof, it is advisable to achieve this to keep away from the extra fee of a second house and if you want to acquire all files associated with divorce quite simply. It is also first-rate now not to enter an extramarital dating before the divorce is finalized in view that it is bound to weaken your case. It is also critical to have an easy social media record, without any nasty messages, texts, threats, or abuse sent to the spouse within the heat of the instant.

You must also conduct any monetary transactions, sales, or purchases earlier than submitting for a divorce because it can have an impact on how the physical and monetary property are break up in case the divorce is without mutual consent. If, you believe you studied the wife might also misuse your credit card or empty out a joint financial institution savings account, cancel the card and withdraw money before submitting the divorce petition.

 

Have interaction an awesome divorce legal professional- at the same time as getting a lawyer do not think about saving money due to the fact an awesome attorney will ensure that your rights at some stage in divorce lawsuits are protected. He will additionally take steps to reduce the alimony which you will be required to pay. A few legal professionals simply drag the case without end to mint cash, consequently it is crucial to pick a lawyer carefully.

Disjoin joint money owed and credit score cards- To make certain that your wife is not able to use your hard-earned cash, the next critical step is to separate all your joint bills and exchange the password of your debit and credit score cards.

Don’t bask in any relationships throughout the pendency of your divorce proceedings- until the time court docket proceedings are pending earlier than the courtroom it's far recommended to know not have interaction in casual relationships to get a favorable order from the court. This enables to maintain your picture inside the court.

Do no longer abuse- Any type of abuse whether or not intellectual or bodily can jeopardize your case and for this reason you must avoid abuse in any respect charges.

keep proof of all your communique- with a purpose to substantiate your claims, it is miles pertinent to keep a report of all your verbal exchange. men commonly do now not maintain a document of tiny info and conversations however in topics like those, it is miles pretty important that each one the details are kept.

Have a separate e-mail for such communications- it is far fine to have a separate e mail for all such communications.

Divorce is an emotionally and financially draining time. irrespective of the kind of divorce you are seeking for (i.e. mutual or contested), it’s important you've got a legal professional by your facet who can manual you through the complex technique of divorce.

 

Having a consultation with an experienced and nicely-versed divorce lawyer can help you in several methods. There were cases in which even reputedly sincere divorce has turn out to be complex and best a legal professional who is an expert in dealing with such conditions can help you get through such situations. moreover, a attorney can help you litigate your case in case you want to and might guide you in resolving different troubles associated with divorce which include toddler custody, alimony, and many others.

Maintenance cases in favour of Husband

 

 

Maintenance is defined as "support or subsistence." There is no idea of "maintenance" in any religious community's marital regulations. The right to request maintenance, on the other hand, is based on the notion that the claimant does not have the resources to maintain themselves. 'Maintenance' often covers the costs of necessities or necessities for daily living. However, the court will examine not just the claimant's right to survival, but also the husband or wife's ability to work, their behaviour, and other factors when determining how much maintenance should be awarded.

 

(1) Govind Singh v. Smt. Vidya (1999):

The Rajasthan High Court heard a case in which it was established that Govind Singh, the petitioner, had rendered himself incompetent by refusing to drive the contractual auto-rickshaw. According to a well-established Anglo-Saxon legal precept, no one should be allowed to become unable. This is still true in the case of a working husband. The Court stated that someone who purposefully rendered oneself incapable of earning would be ineligible to seek maintenance from the other spouse. As a result, the case emphasises the significance of maintenance decisions that favour spouses.

 

(2) Shiv Kumar Yadav v. Smt. Santoshi Yadav (2004):

In this instance, the court expressly declares that maintenance cannot be paid if the wife refuses to return to the marital home and continues to live separately without a solid reason. The order was overturned by the Additional Sessions Judge, but the High Court of Chattisgarh determined in the revision petition that the Judicial Magistrate's decision was correct because Shiv Kumar, the petitioner, provided evidence that his wife, the respondent, had stopped claiming to be entitled to maintenance because she was living separately for no good reason. As a result, in this case, because it has been proved that the wife wishes to live independently, the respondent is not required to provide maintenance.

 

(3)Smt. Mamta Jaiswal Vs Rajesh Jaiswal(2004):

The court ruled in this case, "No maintenance for a capable, employed wife" in favour of the husband. Everyone must work to support himself, or at the very least make honest efforts to do so. If this criterion is not followed and this mentality is not adopted, there will be a growing tendency among these litigants to prolong their conflicts and exploit the fact that their opponent is a spouse—someone who was formerly near to them but is now far away—after a dispute has formed.

 

(4)Lalit Mohan v. Tripta Devi (1988):

The Jammu and Kashmir High Court stated that the husband did not have a separate source of income and that Sections 30 and 31 of the 1955 Act allowed the respondent-wife to support the husband. The court determined that the petitioner was entitled to maintenance pendente lite, expenditures of the procedures, and permanent alimony and maintenance based on the respondent's income and revenue from other properties, the petitioner's earning capacity, and the parties' behaviour. The respondent-wife was ordered to pay the petitioner, the husband, Rs. 100 per month in maintenance pendente lite and permanent alimony from the date of the application until his death or remarriage, whichever comes first, based on the facts and circumstances of the case.

 

(5)Smt Kanchan v. Kamalendra (1992):

In this landmark case, the court established that my spouse was in good mental and physical health. He had a problem with a certain corporation, but he saw no harm in earning the bare minimum to maintain his family. As a result, it could not be assumed that he had no source of income simply because his firm had failed, and the court strongly observed the case in favour of the verdict.

 

(6)Yashpal Singh Thakur v. Smt Anjana Rajput (2001)

In the case of the spouse (Yashpal Singh Thakur), Madhya Pradesh High Court stated that, Unmistakably, it was obvious that the petitioner had chosen to lead a sedentary lifestyle and had made no attempt to earn the money he was capable of earning. Section 24 of the Hindu Marriage Act of 1955 prohibits him from bringing a claim if he becomes incapacitated. As previously said, this would contravene the very intent of the law, and the court observed the case in favour of the spouse about maintenance.

 

(7) Alok Kumar Jain v. Purnima Jain (2007)

In this landmark decision, the court determined that the wife had enough money to support her expenses and continue her lifestyle. The learned judge ordered the husband to pay the wife 20,000 rupees per month in maintenance without requiring the wife to explain the investment she made with those 56 lakh rupees. This finding indicates that the husband is no longer required to pay maintenance.

 

(8) Rani Sethi v. Sunil Sethi (2011)

According to the Delhi High Court, Section 24 of the Hindu Marriage Act, 1955 is intended to offer a fair sum of money to the wife or husband who lacks an appropriate source of income to finance their support or the costs of the proceedings, striking an equitable balance between the parties. Subsequent court proceedings revealed that the husband was so entitled to the necessary support from his wife.

 

(9) Hemlataben v. State (2010):

The court declared unequivocally that the petitioner received no maintenance because she worked in a factory and was able to sustain herself with her monthly wage of 2500/- rupees. Pursuant to the PWDV Act, the wife requested support from the learned Magistrate, who granted her request. The husband filed an appeal, and the Additional Sessions Judge overturned the Magistrate's judgement. And the court found in favour of the husband.

 

(10)Kumaresan v. Aswathi (2002):

In the Madras High Court case The court adopted this interpretation of Section 24 of the Hindu Marriage Act of 1955, which states that the only requirement for providing support pendente lite is that the person in issue does not have a considerable independent source of income. If it is ruled that the petitioner has a sufficient income, they will not be granted support pendente lite.

As a result, evaluating key and well-known landmark decisions aided in defining the conditions for interpreting the maintenance clause under The Indian legal system stipulates the amount of maintenance that must be provided to the spouse, either the husband or the wife, based on the facts of the case. Personal laws provide the standards for maintenance once a marriage ends.

General Factors that Boost the Criminal Behavior in a person

Click to explore the General Factors that Boost the Criminal Behavior in a person as we uncover the shocking truths about the mindset behind it.

As a society, humanity has forever been entranced by the occurrence of unlawful behavior. The notion of an individual infringing the law and indulging in illicit activities frequently evokes concerns as to why they would opt for such a course. Although there is no authoritative response to this inquiry, certain elements contribute to the occurrence of criminal behavior.

The goal of this write-up is to investigate the various general elements that incite a person to become a criminal.

What is Criminal Behavior?

Criminal behavior entails any deed that disregard the law, whether trivial, such as traffic violations, or severe, like homicide.

Significance of Understanding Criminal Behavior

The comprehension of criminal behavior is crucial to the criminal justice field. It enables law enforcement personnel and policymakers to understand better the stimulent behind criminal actions and develop more effective strategies to prevent crimes.

 

Biological Factors Contributing to Criminal Behavior

 

Genetic Inheritance

Research indicates that genetics can impact criminal behavior. Specific genes, such as those governing impulse control and aggression, have been recognized as predisposing individuals to criminal behavior.

Psychological Traits

Some psychological traits, like impulsivity and aggression, have also been correlated with criminal behavior. Individuals demonstrating these traits may be more prone to engage in criminal activities.

 

Risk Factors Connected with Criminal Behavior

 

Criminogenic Needs

Criminogenic needs refer to underlying factors that can precipitate criminal behavior. These include, among others, a lack of education, poverty, and a history of substance abuse.

Antisocial Values

Individuals who defend anti-social values, such as a disregard for the law and the welfare of others, may be more inclined to engage in criminal behavior.

Criminal Acquaintances

The influence of acquaintances can also contribute to criminal behavior. Individuals associating with those who engage in criminal activities may be more prone to emulate them.

Antisocial Personality

Antisocial personality, characterized by a lack of empathy and disregard for others' rights, has also been linked to criminal behavior.

Dysfunctional Family

Growing up in a dysfunctional family, where there is a lack of structure and supervision, can also contribute to criminal behavior.

Low Self-Control

Individuals with low self-control may be more predisposed to engage in impulsive and illicit activities.

Substance Abuse

The utilization of drugs and alcohol has been associated with criminal behavior. Substance abuse can impair judgment and increase the probability of engaging in criminal activities.

The Conventional Concept of Penal System

The utilization of penal systems has been a customary practice around the globe for a protracted duration. The primary objective of this system is to chastise the wrongdoer, and the intensity of the retribution primarily hinges on the type and seriousness of the committed offense.

The Rise of Remedial Justice

Remedial justice aims to redirect the focus from punishment towards reinstatement. Its purpose is to restore the culprit and facilitate their successful reintegration into the society.

Comprehending the Fundamental Factors Contributing to Criminality

As a scholar of law and psychology, I believe that criminal behavior is influenced by a plethora of factors that must be considered to devise an efficacious strategy to prevent and address it.

Conclusion

In conclusion, numerous diverse factors can contribute to criminal behavior. Biological and psychological characteristics, as well as environmental factors such as a dysfunctional family and substance abuse, can all play a part. By understanding these factors, we can better comprehend why certain individuals engage in criminal activities and devise strategies to prevent crimes.

Cyber Crime: How to lodge complaint when you are victimised

 

 

What is Cyber Crime?

Cybercrime is any activity that involves the use of computers or networks as a tool to commit cybercrimes. Common cybercrimes include hacking, cyber stalking, denial of service attack (DoS), virus dissemination, software piracy, credit card fraud & phishing.

 

Common types of Cyber Crime:

·         Stolen credit card information: The most frequent type of cybercrime involves the theft of a person's credit card information, which is then fraudulently used to obtain or pay for goods or services on the internet.

·         Hacking into a government website: Modifying confidential government data is a different kind of criminality.

·         Theft of user accounts: Between 2013 and 2016, a tech giant suffered a significant data breach that led to the theft of three billion user accounts. The attackers were able to get passwords and confidential data used to log into user accounts for other online services. Even today, the dark web still has access to the majority of this data.

·         Compromised IoT devices: In 2016, hackers exploiting software flaws affected more than one million Internet of Things (IoT)-connected devices. The global DNS experienced outages as a result of this, the biggest DDoS attack to date, which also affected numerous well-known services, including Netflix, PayPal, Twitter, and many more.

·         Loss of control and access to content: Ransomware that encrypted user content was released by the WannaCry attack in 2017, which North Korea is suspected of having launched. During a short period of time, this malware has infected 300,000 machines globally. To have their data back, the victims had to spend hundreds of dollars.

·         Phishing campaigns: The phishing campaigns infiltrate corporate networks by sending authentic-looking fraudulent emails to users in an organization and tricking them into performing actions such as downloading attachments or clicking on links. The viruses or malware then spreads to the systems, and, eventually, ends up in the organizations’ networks.

 

What measures to be adopted to avoid getting victimised:

Anyone at any point of time may become a victim of cyber crime and most importantly your chance of getting instant police help or support is very remoted. Our cyber crime police stations are not at that much active as they should be to combat with this type of crimes which is far away from conventional types of crime.

Unless something big happens, cyber crime police stations does not bother to pay any heed to the victims. There is no mechanism for cyber patrolling, taking instant steps due lack of awareness, lack of required infrastructure and most importantly lack of proper knowledge on the subject.

The potentiality to affect large sector people within a few seconds is beyond the concept of the cyber crime police and every complaint is taken very casually.

So, you should be aware well enough to keep safe distance from cyber criminals. Amongst other the below are few things that you should maintain on regular basis and make it a habit:

·         Before opening any email, check the sender’s email link and if you find anything suspicious do not open the link;

·         On regular basis you get spam mails delivered to your primary mail box or under Updates. Whenever you point out an email as spam, don’t hesitate to repot spam so that the next email from that particular spammer will go directly to your trash box;

·         Don’t click on any suspicious or unknown link;

·         Don’t accept friend requests in facebook from any unknown person. Before accepting any friend request check the profile properly;

·         Always report to facebook if you find anything in your feed which is not of your interest or is suspicious;

·         Keep changing passwords in your vital accounts like net banking or mobile banking, Email, Facebook etc on regular basis;

·         Keep your phone operating system or desktop operating system updated;

·         While using Google search, click the option of “safe search” from the settings of browser;

·         Use antivirus of reputed companies;

·         Keep a separate browser for your net banking and while you open your net banking close all other tabs;

·         Report and exit from unsolicited whatsapp group;

·         Don’t accept video call from any stranger;

·         If you have a habit to seeing porn sites, don’t use your main laptop or desktop for that and keep a separate compute system for that. Contamination of corrupted program from such sites are very common and in such sites the close button of a pop up are actually an accept button of a link which you click to close a pop up on the main video and thus the criminals compels you to become victim;

·         Asking for money for short term investment and huge profit etc are very common. Don’t fall into these. There is no short cut to make money. If that be so, the person approaching you would have invested all his money into that scheme and become billionaire overnight;

 

What to do if you become a victim of Cyber Crime:

Despite all efforts, many of us become victim of cyber crimes and search out the way to report the same to the police and to get proper redressal. If you to go to your local police station, you will be redirected to cybercrime police station and when you reach there they will accuse you for becoming a victim.

First step in such a situation should be to report the incident to https://cybercrime.gov.in/ . There are two categories to report the crime

i.             Financial Fraud

ii.           Other Fraud

Select the appropriate option while you report. Upload all screenshots and documents in connection with the crime and once you submit the complaint a PDF containing a complaint registration number will be generated. Keep a hard copy of it with you.

 

Second Step: Now approach your nearest cyber crime police station and lodge a written compliant to them with all details and supporting documents and get a receipt from them. Don’t forget to attach a copy of the earlier online complaint with the complaint with the cyber crime police station;

 

Third Step: Wait for seven days after lodging the complaint to cyber crime police station and if no action is taken, write the Deputy Commissioner of Police of your jurisdiction or to Superintendent of Police of your jurisdiction giving reference of first and second complaint;

 

Fourth Step: If your third complaint also fails to initiate any action on the part of the police file petition before the Learned Court of your jurisdiction under section 156 Clause 3 of the Code of Criminal Procedure, 1973 attaching copies of earlier three complaints and pray for a direction upon the police to register your complaint as an FIR and to cause investigation.

 

Conclusion: Prevention is better than cure. So I will suggest you follow few steps to avoid being a victim of cyber crime and if despite that you become a victim, don’t sit idle but avail above detailed legal steps.

#Cyber_crime  #complaint_against_cyber_crime