IT Act

Section 66 in The Information Technology Act, 2000
Hacking with computer system :-
(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes i s value or utility or affects it injuriously by any means, commits hacking.
(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Section 66A. Punishment for sending offensive messages through communication service, etc.

Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,

shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation.— For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video and any other electronic record, which may be transmitted with the message.

Articles 14,15 and 21......

Article 14
Equality before law :-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

विधि के समक्ष समता--राज्य, भारत के राज्यक्षेत्र में किसी व्यक्ति को विधि के समक्ष समता से या विधियों के समान संरक्षण से वंचित नहीं करेगा।

Essay:-
Article 14 declares that "the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India". The phrase "equality before the law" occurs in almost all written constitutions that guarantee fundamental rights. Equality before the law is an expression of English Common Law while "equal protection of laws" owes its origin to the American Constitution.

Both the phrases aim to establish what is called the "equality to status and of opportunity" as embodied in the Preamble of the Constitution. While equality before the law is a somewhat negative concept implying the absence of any special privilege in favour of any individual and the equal subjection of all classes to the ordinary law, equal protection of laws is a more positive concept employing equality of treatment under equal circumstances.

Thus, Article 14 stands for the establishment of a situation under which there is complete absence of any arbitrary discrimination by the laws themselves or in their administration.

Interpreting the scope of the Article, the Supreme Court of India held in Charanjit Lai Choudhury vs. The Union of India that: (a) Equal protection means equal protection under equal circumstances; (b) The state can make reasonable classification for purposes of legislation; (c) Presumption of reasonableness is in favour of legislation; (d) The burden of proof is on those who challenge the legislation.

Explaining the scope of reasonable classification, the Court held that "even one corporation or a group of persons can be taken to be a class by itself for the purpose of legislation provided there is sufficient basis or reason for it. The onus of proving that there were also other companies similarly situated and this company alone has been discriminated against, was on the petitioner".

In its struggle for social and political freedom mankind has always tried to move towards the ideal of equality for all. The urge for equality and liberty has been the motive force of many revolutions. The charter of the United Nations records the determination of the member nations to reaffirm their faith in the equal rights of men and women.

Indeed, real and effective democracy cannot be achieved unless equality in all spheres is realised in a full measure. However, complete equality among men and women in all spheres of life is a distant ideal to be realised only by the march of humanity along the long and difficult path of economic, social and political progress.

The Constitution and laws of a country can at best assure to its citizens only a limited measure of equality. The framers of the Indian Constitution were fully conscious of this. This is why while they gave political and legal equality the status of a fundamental right, economic and social equality was largely left within the scope of Directive Principles of State Policy.

The Right to Equality affords protection not only against discriminatory laws passed by legislatures but also prevents arbitrary discretion being vested in the executive. In the modern State, the executive is armed with vast powers, in the matter of enforcing by-laws, rules and regulations as well as in the performance of a number of other functions.

The equality clause prevents such power being exercised in a discriminatory manner. For example, the issue of licenses regulating various trades and business activities cannot be left to the unqualified discretion of the licensing authority. The law regulating such activities should lay down the principles under which the licensing authority has to act in the grant of these licenses.

Article 14 prevents discriminatory practices only by the State and not by individuals. For instance, if a private employer like the owner of a private business concern discriminates in choosing his employees or treats his employees unequally, the person discriminated against will have no judicial remedy.

One might ask here, why the Constitution should not extend the scope of these right to private individuals also. There is good reason for not doing so. For, such extension to individual action may result in serious interference with the liberty of the individual and, in the process; fundamental rights themselves may become meaningless.

After all, real democracy can be achieved only by a proper balance between the freedom of the individual and the restrictions imposed on him in the interests of the community. Yet, even individual action in certain spheres has been restricted by the Constitution, as for example, the abolition of untouchability, and its practice in any form by any one being made an offence. Altogether, Article 14 lays down an important fundamental right which has to be closely and vigilantly guarded.

There is a related matter that deserves consideration here. The right to equality and equal protection of laws loses its reality if all the citizens do not have equal facilities of access to the courts for the protection of their fundamental rights.

The fact that these rights are guaranteed in the Constitution does not make them real unless legal assistance is available for all on reasonable terms. There cannot be any real equality in the right "to sue and be sued" unless the poorer sections of the community have equal access to courts as the richer sections.


There is evidence that this point is widely appreciated in the country as a whole and the Government of India in particular and that is why steps are now being taken to establish a system of legal aid to those who cannot afford the prohibitive legal cost that prevails in all parts of the country.

Article 15
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth:-
धर्म, मूलवंश, जाति, लिंग या जन्मस्थान के आधार पर विभेद का प्रतिषेध
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
राज्य, किसी नागरिक के विरुद्ध के केवल धर्म, मूलवंश, जाति, लिंग, जन्मस्थान या इनमें से किसी के आधार पर कोई विभेद नहीं करेगा।
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
कोई नागरिक केवल धर्म, मूलवंश, जाति, लिंग, जन्मस्थान या इनमें से किसी के आधार पर--
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
        दुकानों, सार्वजनिक भोजनालयों, होटलों और सार्वजनिक मनोरंजन के स्थानों में प्रवेश, या
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained     wholly or partly out of State funds or dedicated to the use of the general public
पूर्णतः या भागतः राज्य-निधि से पोषित या साधारण जनता के प्रयोग के लिए समर्पित कुओं, तालाबों, स्नानघाटों, सड़कों और सार्वजनिक समागम के स्थानों के उपयोग,के संबंध में किसी भी निर्योषयता, दायित्व, निर्बन्धन या शर्त के अधीन नहीं होगा।
(3) Nothing in this article shall prevent the State from making any special provision for women and children
इस अनुच्छेद की कोई बात राज्य को स्त्रियों और बालकों के लिए कोई विशेष उपबंध करने से निवारित नहीं करेगी।
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes
इस अनुच्छेद की या अनुच्छेद 29 के खंड (2) की कोई बात राज्य को सामाजिक और शैक्षिक दृष्टि से पिछड़े हुए नागरिकों के किन्हीं वर्गों की उन्नति के लिए या अनुसूचित जातियों और अनुसूचित जनजातियों के लिए कोई विशेष उपबंध करने से निवारित नहीं करेगी।

Article 19(1) in The Constitution Of India 1949
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

Article 21

Protection of life and personal liberty :-No person shall be deprived of his life or personal liberty except according to procedure established by law

प्राण और दैहिक स्वतंत्रता का संरक्षण--किसी व्यक्ति को उसके प्राण या दैहिक स्वतंत्रता से विधि द्वारा स्थापित प्रक्रिया के अनुसार ही वंचित किया जाएगा, अन्यथा नहीं।

Political Term

Suo motu, meaning "on its own motion," is a Latin legal term, approximately equivalent to the English term sua sponte. It is used, for example, where a government agency acts on its own cognizance, as in "the Commission took suo motu control over the matter." Example - "there is no requirement that a court suo motu instruct a jury upon these defenses."

When a court pics up a case without having victim approached it, it is called suo moto.

There have been instances when judges issued notices to offending parties based on newpaper clipping/report.

prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).

Disclosing criminal name....

Under Section 228 A of the Indian Penal Code (IPC), disclosing the name or any matter which gives away the rape victim's identity is punishable.

Under Section 377 in The Indian Penal Code, 1860
Unnatural offences:-Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[ imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.- Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.