Cyber Crime/Online Fraud

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Are online casino games legal in India?
Cyber Crime/Online Fraud

Are online casino games legal in India?

Casino websites on the internet have been around for a while. They enable casino enthusiasts from around the world to enjoy their preferred games. More importantly, they work in several jurisdictions and take care of each client individually.

One of their best features is that the majority of them are compatible with mobile devices, allowing players to play their favorite games while on the go. On websites Indian players may locate both seasoned online casinos and up-and-coming ones that are trying to establish themselves. For a while now, the situation in India has been changing. The nation has strong regulations regarding both online gambling and gaming in general.

Indian Scenario

India's laws are quite complicated, which is one of their drawbacks. Online sports betting is prohibited in several states, but it is not expressly prohibited by federal laws. A rut existed in the gambling environment for some time. In some states, it was legal to play at casinos, but not at online gambling sites. By 2022, Goa, Daman, and Sikkim were the only Indian states to have legalized online gambling due to advancements in legislation and the passage of new laws.

Also ReadAre online casino games legal in India? 

A lottery that accepts all Indian players is also permitted by the state of Sikkim. Indians must rely on foreign corporations to supply them with online casino games because they are unable to create their own online casino brand. Additionally, any business or operator that chooses to run in one of these states must provide Rupees as a payment option. Therefore, Indians can play at online casinos in the aforementioned states, but only on those sites that are provided by offshore operators.

In India, there are various specific gambling regulations. The Public Gambling Act of 1867 is the most significant of these. Operating a public gambling establishment or allowing gambling in any public area are both prohibited under this law. This law continues to apply to all types of gaming, including online gambling. In theory, you ought to be able to do this without facing any legal repercussions. However, if you are found gambling online, you can face legal action under the Public Gambling Act.

Also readIs Online Gambling in India Legal

The Information Technology Act of 2000 is a further regulation that you should be aware of. The use of the internet for gambling is now illegal as a result of this law. Therefore, if you are detected gambling online, you could face legal consequences.

International operators manage reputable online casinos with presences in India, including 10Cric, LeoVegas, Casumo, ComeOn!, and PureWin. Law in India does not apply to them. It is technically outside of India when players gamble real money on them. That such casinos must accept payments in Indian Rupees may be their only legal requirement.

The legality of Online Casino Games

Less is known about the legality of online casino games. Although there is no explicit rule that forbids them, if you are found gambling online you may face legal action under the Public Gambling Act. One of the most well-liked online games in India is poker. Poker, which is regarded as a game of skill, is not particularly covered by Indian gambling regulations.

You need to be able to play poker online without worrying about the law as a result. However, if you are detected playing poker online, you can face legal action under the Public Gambling Act. Fantasy sports are permitted in India because they aren't viewed as gambling. Additionally, skill-based games like online poker are permitted in India.

What to check while playing online casino in India

You must keep a few things in mind if you choose to play online in India.

  • Use only reputable and trusted gambling websites

You want to avoid becoming involved in one of the many scams that are out there. Therefore, be sure only to use trustworthy and trusted gambling sites. Use the websites where you can access payment options. Online casinos have more information about the Best Payment Methods.

  • Read the Laws

As explained, if you are caught playing online poker, you can face legal action under the Public Gambling Act. As a result, before you start gambling online, you must be aware of the regulations in India governing gaming.

  • Avoid using your personal information carelessly.

You have to give personal information when you play online poker. To only respectable and trusted websites, be careful to submit this information.

  • Play responsibly.

While gambling can be fun, it can also become addicting. So always play responsibly and never stake more than you can afford to lose.

Conclusion

The legitimacy of online casinos in India is still a matter of some debate. Several laws in India deal with gambling, but none of them directly include internet casinos. This implies that, in theory, there shouldn't be any legal repercussions for engaging in the online casinos. However, if you are found gambling online, you can face legal action under the Public Gambling Act. Therefore, if you choose to bet online in India, be careful only to utilize reputed, trustworthy gambling sites, be aware of the rules, and exercise caution when providing personal information.

CAN FACEBOOK POST OR TWEET ATTRACT CRIMINAL LIABILITY?
Cyber Crime/Online Fraud

CAN FACEBOOK POST OR TWEET ATTRACT CRIMINAL LIABILITY?

Previously reserved for a select few, the ability to publish is now a right available to everyone with access to the internet and something to say. The world has seen a significant transformation as a result of the advancement of technology. Through numerous social networking sites, the Internet has significantly simplified many tasks for all of us. Everything has been easier for all of us, including communication and information access. However, these resources could occasionally be abused as well. Defamation has emerged as a topic of concern due to the ease with which users can publish and distribute material through these social media platforms. The possibility of "Cyber Defamation" has increased with the popularity of so-called trends such as publishing, uploading, or commenting on information or images on specific social networking sites. The act of publishing a false remark about a person online with the potential to harm or damage their reputation is known as "cyber defamation." Although the publishing industry's influence may have been widely disseminated, not everyone is aware that they are subject to the same regulations and limitations as conventional publishing houses and media companies. When it relates to the risks of defamation, social media platforms, which have been crucial in enabling the average person to write, are not unlike newspapers, periodicals, or books. Defamation is a civil and criminal offence in India, and as a result, the Indian judicial system offers victims of defamation legal recourse. 

 

LEGISLATION AND CASES

Although this conduct can be committed in both the physical and digital worlds using different mediums, the law of defamation still applies. In India, the following may be held accountable for cyber defamation: 

  •  On the creator of offensive content posted online; 

  • On the service corporate or a middleman. However, it is important to remember that under Section 79 of the Information Technology Act, 2000, an intermediate is not held accountable if it only serves as a mediator and does not create or change such defamatory content. Additionally, this protection is contingent upon the mediator abiding by the central government's obligations for intermediate due care and intermediate guidelines and removing any unlawful content after receiving notification from the relevant government or its agency.

 

In India's first case on cyber-defamation, SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra, in which an angry employee sent profane, disrespectful, and defamatory email messages to the company's affiliates worldwide and to its coworkers with the intent to discredit the company and its managing director, the High Court of Delhi conferred an ex-parte ad interim injunction prohibiting the defendant from disparaging the plaintiff in cyber world. Now, Suhel Seth, a marketing expert and media figure, was recently sued by ITC for his remarks on the Twitter website, which serves as an example. A Bangalore court has been requested to order him to pay the company Rs 200 crore in compensation after the company accused him of defamation. Seth has said he did nothing wrong. 

 

The fundamental guidelines for publishing are quite straightforward, but adhering to them consistently requires discipline: validate facts, don't offend anyone specifically, and don't misrepresent. According to Sajan Poovayya, general partner at the Bangalore-based law firm, which focuses in online litigation and has customers like Google and the Wikimedia Foundation, the effects of defamation harm for users of social media may be considerably worse than in conventional media. In conventional media, the writer, editors, and publication house share responsibility for defamation, but the author is solely liable in social media. As social media users rise, businesses are creating specialised teams to monitor comments on websites like Facebook and Twitter. These teams also address unfavourable client complaints. Companies frequently refer severe unfavourable remarks to their legal departments. While rules of conduct by businesses and social media sites might be helpful, according to cyber law expert Dugall, users still need to act responsibly. "A law may serve as a warning, but it cannot, in the end, prohibit." 

 

CONCLUSION

Users of social media cannot use ignorance of Defamation of Character statutes as an excuse. Game guidelines: Check the facts. Avoid distortion. Avoid being disrespectful.  Users of social media will be held accountable, not Facebook or Twitter.  Corporations are monitoring social media platforms, so individuals risk legal issues if they make a mistake. Offenders are subject to fines and up to three years in prison. Some of the criminal penalties are outlined in the Indian Penal Code and the Information Technology Act. The IT Act's Section 6 outlines the penalties for posting or spreading pornographic material online. There is a discussion of up to three years in prison and penalties. If he commits the same offence a second time, he faces a fine and a sentence of up to five years in prison. While there are statutes in place that forbid posting such material online, most people are either unaware of these regulations or are too careless to determine whether the material they are uploading is defamatory. Sometimes it is necessary for the State to set limits on free speech when it conflicts with a person's reputation, lest that freedom of expression ends up in the hands of some people as a weapon. A system that instructs and informs individuals about what is appropriate and inappropriate, wrong and right, and defamatory and non-defamatory behaviour in cyberspace is desperately needed. In order to prevent a repeat in the future, the intermediaries that provide such an open forum should also keep an eye on the content posted there and take necessary action against those who post such defamatory content.

Cyber Bullying Law: Everything You Need to Know
Cyber Crime/Online Fraud

Cyber Bullying Law: Everything You Need to Know

Bullying can be defined as a deliberate act by a culprit that hurts the victim physically or emotionally, even though it may not constitute a criminal offence. Bullies frequently put their victims at their mercy and employ coercion, belittling, or social isolation to accomplish their objectives. Bullying can occur in both open and closed environments. It terrorises the victim and could cause long-term emotional harm. 

When someone is bullied online, whether, through text messenger, virtual social media sites or any internet forums where members can post and send messages, it is referred to as cyberbullying. Bullying is defined as the act of communicating hurtful, inaccurate, or malicious information about another person. Cyberbullying is treated as an offence in criminal law. Cyberbullying, also known as online bullying, differs from traditional bullying in that the victim is unaware of who is bullying them. Bullying has wide-ranging and long-lasting repercussions because it harms the victim's mental health. Cyberbullying has similar long-term effects. Unfortunately, India came in third place in a 2012 Microsoft Corporation assessment of 25 nations on the recorded incidences of internet bullying. Also, the Internet security company McAfee performed research in 2014 that found that "50% of the Indian youth seemed to have some encounter with cyberbullying." This makes it important to understand India’s laws and remedies for cyberbullying. 

 

ISSUE

Only a few victims report cases of cyberbullying, despite the fact that there are laws in place to punish bullying. The majority would instead remain silent and wait for things to become better on their own. 

 

There are a few crucial problems that politicians need to take into account if they want to change people's mindsets. For instance, the decision-makers could adopt policies that are kid-friendly and clarify why cyberbullying is harmful to both society and children and other vulnerable sections of society. I believe in-depth conversations on these should be held in conjunction with cybercrime specialists, attorneys, academics, human rights advocates, and educators.

 

LAWS

Bullying is not specifically outlined under the Indian Penal Code, 1860 ("IPC") nor sanctioned as a crime. To combat cyberbullying, though, there are certain sections of the Indian Penal Code and the IT Act.

NCW describes cyberstalking in its legal module on "Gender Sensitization and Legal Awareness Programme". Slander, defamation, and threats are just a few examples of the numerous types of cyberbullying that can be performed online, through electronic mail, or via other methods of electronic communication. Among other things, cyberstalking includes the following: 

  • sending offensive or abusive messages, postings, or remarks; 

  • online persona theft with the purpose of spreading fake information to degrade or torment; 

  • finding someone's whereabouts through dubious methods; 

  • uploading offensive images; 

  • Internet harassment by making disparaging comments.

It is made punishable under 354D of IPC. The text of IPC Section 354D makes it apparent that the section punishes both the crime of offline and online stalking sans making any distinctions based on whether or not the harassment took place online. But subsection (2) doesn't make it clear how the victim can be deemed to be "monitored" or "watched" or what activities qualify as such behaviour.

In India, the term "eve-teasing" was frequently used to describe sexual harassment, which minimised the seriousness of the offence. However, a significant shift in how sexual harassment of women is handled has been brought about by the collective forces of the judiciary, the legislative, the Law Commission of India, NGOs, and women's campaigners. With the passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 (the "POSH Act"), it has been made clear that no type of sexual harassment of women in the workplace would be accepted. The Criminal Justice system and bare acts have all undergone significant revisions that make it easier to prosecute sexual harassment.

In order to punish the offence of sexual harassment, Section 354A was added to the IPC with effect from February 3, 2013. According to Section 354A, sexual harassment is an offence that is punishable by 3 years of rigorous imprisonment and/or a fine if it involves physical contact, advances that are unwanted and overtly sexual, demands or requests for sexual favours, showing pornography, or making comments with a sexual connotation.

BULLYING REMEDIES IN SCHOOLS

  • Immediately take action to support the victim; 

  • Send a complaint to the school's administration detailing the online bullying. According to the "CBSE Guidelines for prevention of Bullying and Ragging in Schools," every school must establish an anti-bullying committee, which will investigate the allegation; 

  • Inform your local police station about the online bullying, and they will forward the case to the cybercrime unit for review. The Juvenile Justice Board will then investigate the event and handle it in accordance with the Juvenile Justice Act, 2000 after the cyber-crime cell has reported it.

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