Chapter 1 Introduction

Humanity is acquiring all the right technology for all the wrong reasons. -R. Buckminster Fuller

Since the beginning of civilization, man has always been motivate by the nee to make !rogress an better the e"isting technologies. #his has le to tremen ous evelo!ment an !rogress which has been a launching !a for further evelo!ments. $f all the significant a vances ma e by mankin %nternet. However, the ra!i evolution of %nternet has also raise numerous legal issues an questions. &s the scenario continues to be still not clear, countries throughout the worl are resorting to ifferent a!!roaches towar s controlling, regulating an facilitating electronic communication an commerce. %n the !ast few eca es there has been a revolution in com!uting an communications, an all in ications are that technological !rogress an use of information technology will continue at a ra!i su!!orting the ramatic increases in the !ower an !ace. &ccom!anying an use of new information from the beginning till ate, !robably the most im!ortant of them is the evelo!ment of

technologies has been the eclining cost of communications as a result of both technological im!rovements an increase com!etition. &ccor ing to 'oore(s law the !rocessing !ower of microchi!s is oubling every )* months. #hese a vances !resent many significant o!!ortunities but also !ose ma+or challenges. #o ay, innovations in information technology are having wi e-ranging effects across numerous omains of society, an !olicy makers are acting on issues

involving economic !ro uctivity, intellectual !ro!erty rights, !rivacy !rotection, an a affor ability of an access to information. ,hoices ma e now will have long lasting consequences, an attention must be !ai to their social an economic im!acts. $ne of the most significant outcomes of the !rogress of information technology is !robably electronic commerce over the %nternet, a new way of con ucting business. #hough only a few years ol , it may ra ically alter economic activities an the social environment. &lrea y, it affects such large sectors as communications, finance an retail tra e an might e"!an to areas such as e ucation an health services. %t im!lies the seamless a!!lication of information an communication technology along the entire value chain of a business that is con ucte electronically. %nformation #echnology is a key river of an increasingly knowle ge

base global economy. & knowle ge base economy is now a sine qua non for lea ershi!. -iven its current global !osition in the %# an %#.S sector, %n ia is well !ositione to enhance an leverage its %# ca!abilities towar s this en . #echnology has transformational !ower. %t is a great leveler of o!!ortunity within an across economies. Recognizing this !otential of %#, several economies in the &sia-/acific region have investe in infrastructure an a o!te !roactive !olicies to foster a o!tion of %# !ervasively. ,onsequently their economies have e"!erience much faster an more equitable growth an their evelo!ment in ices have move u! ra!i ly.

#he following sections will focus on the im!acts of information technology an whole. electronic commerce on business mo els, commerce, market society as a structure, work!lace, labour market, e ucation, !rivate life an

0Chapter

Impact of Information technology

Definition of IT %# 1information technology2 is a term that encom!asses all forms of technology use to create, store, e"change, an use information in its various forms 1business ata, voice conversations, still images, motion !ictures, multime ia !resentations, an other forms, inclu ing those not yet conceive 2. %t(s a convenient term for inclu ing both tele!hony an com!uter technology in the same wor . %t is the technology that is riving what has often been calle 3the information revolution.3 Impact on Government %nformation technology !robably im!acts governments more than cor!orations an !rivate in ivi uals. For the most !art, cor!orations !ro!el an a vance technology. ,onsumers then +um! on the ban wagon embracing new an won erful gizmos an i eas. -overnments, on the other han , usually lag behin an are force to catch u!. &n even if they o not want to be involve , they must, because current tren s an business !ractices eman that they conform. But this leaves governments vulnerable in many ways an thus, it can be sai that generally s!eaking, information technology has a negative im!act on governments. #he first issue, as !reviously state , governments are not lea ers in technology. #hey react to the environment aroun them rather than trying to fin new ways of efficiency. &s a result, it is more costly to change everything over at once is!ensing large sums of cash to meet equi!ment nee s an staff training

requirements. %t also lea s to more inefficiency as new systems are confuse with ol an chaotic situations occur.

Secon ly, governments hol igital an

confi ential information. Both

ata from its

in ivi ual citizens an country s!ecific security ata. &s all information becomes available to anyone who cares to see it, security breaches are inevitable. &n while many cor!orations have ha scan als regar ing customer information being leake or hacke , governments are more susce!tible, as they rarely attract the best %# !eo!le in the fiel as em!loyees. &gain, they ten to react after the fact rather than !roactively.

#he thir issue at work is trans!arency. ,itizens want to know what government officials an em!loyees are oing. &n the internet is !erfect for this ty!e of society. .veryone(s business an !ersonal activities are available online. &n while this tren is affecting the ability of in ivi uals to obtain +obs or entry into e"cellent schools, it is also a versely affecting the government. ,onversations, actions, ecisions an motives are being !laye out on the internet in emails, social networking sites, vi eos an !ersonal blogs. -overnment officials an em!loyees can no longer hi e in a shrou of secrecy.

,ontrarily, it must be sai , that these !itfalls ten to be the realm of governments from in ustrialize nations. %n countries that have ha no access to the internet an com!uterize systems, information technology can be a efinite life saver. .nriching the lives of the !oor in evelo!ing nations can be achieve through the use of mo ern ay technologies such as me ical treatment atabases, cell !hones to im!rove livelihoo s, an com!uters to enable ability the citizens to com!ete for online +obs in the global market. -overnments can become closer to its !eo!le

through the use of information technology an

communications, thereby

increasing efficiency an hel!ing to make their lives better

Further, governments in !oorer countries can bri ge the ga! between the global environment, the government em!loyees, an their citizens. Having access to information allows these governments to lay foun ations for !olicies an make commitments to im!rove con itions. Being able to obtain information from the outsi e ultimately ai s in the im!rovement of the !light of their !eo!le. %n conclusion, information technology negatively im!acts some governments while !ositively im!acting others. Impact on Social Communication #here are a lot of !ositive things to o with social communication for e"am!le you can communicate with !eo!le at the other en of the worl there is no limit to how far you can communicate as long as there is another !erson who is able to re!ly to your email 4 facebook comments. 5ou can meet a lot more frien s over the social network an can arrange to meet new !eo!le. ,ommunicating over the internet is fast an easy you can sen a message to someone in &merica insi e secon s this is han y if you are communicating with family or even frien s who maybe you have not communicate with for a while for whatever the circumstances were. &lthough there is all the above there is a own si e to social communication where you can be in anger you coul be talking to someone over the internet an you coul have never met them face to face in your life. 6hen you sen an email to a frien or !erson from your family you o not get to see what their reactions or facial e"!ressions to your email. 5ou coul get involve in cyber bullying or you coul get bullie over the internet yourself. &lso being on the com!uter every ay can make you e"tremely lazy an this can be highly a ictive an in some cases cause obesity.

Impact on education #he internet is a won erful thing when it comes to searching for information !eo!le who woul like to learn new things can o this via the internet you on7t nee to rea !aragra!hs an !aragra!hs of information you can +ust get the answer you nee by a click of a mouse. #he internet is very goo for looking u! coursework an it gives you hel!ful ti!s as well. But the internet can result in !eo!le +ust breaching co!yright laws by co!ying an !asting everything that they see this can result in a fail in your coursework also if you have a facebook or anything an you are on the internet oing coursework you coul be istracte by this an en u! sitting on facebook all evening an getting no coursework one. 'ore information available - #his is one great thing about the internet that you can fin all the information in the worl on it. #his can hel! you will all your work etc. 5ou can fin out anything what is going on. 8uicker access to information for coursework- #he internet is a great !lace to research information for the to!ic that you are oing you can fin all sorts of facts an o!inions insi e secon s.

0Chapter

Cyber Crime
%nternet crime is crime committe on the %nternet, using the %nternet an by means of the %nternet. ,om!uter crime is a general term that embraces such crimes as !hishing, cre it car frau s, bank robbery, illegal ownloa ing, in ustrial es!ionage, chil !ornogra!hy, ki na!!ing chil ren via chat rooms, scams, cyberterrorism, creation an 4or istribution of viruses, S!am an so on. &ll such crimes are com!uter relate an facilitate crimes. 6ith the evolution of the %nternet, along came another revolution of crime where the !er!etrators commit acts of crime an wrong oing on the 6orl 6i e 6eb. %nternet crime takes many faces an is committe in iverse fashions. #he number of users an their iversity in their makeu! has e"!ose the %nternet to everyone. Some criminals in the %nternet have grown u! un erstan ing this su!erhighway of information, unlike the ol er generation of users. #his is why %nternet crime has now become a growing !roblem in the 9nite States. Some crimes committe on the %nternet have been e"!ose to the worl an some remain a mystery u! until they are !er!etrate against someone or some com!any. #he ifferent ty!es of %nternet crime vary in their esign an how easily they are able to be committe . %nternet crimes can be se!arate into two ifferent categories. #here are crimes that are only committe while being on the %nternet an are create e"clusively because of the 6orl 6i e 6eb. #he ty!ical crimes in criminal history are now being brought to a whole ifferent level of innovation an ingenuity. Such new crimes evote to the %nternet are email :!hishing;, hi+acking omain names, virus immistion, an cyber van alism. & cou!le of these crimes are activities that have been e"!ose an intro uce into the worl . /eo!le have been trying to solve virus !roblems by installing virus !rotection software an other software that can !rotect their com!uters. $ther crimes such as email :!hishing; are not as known to the !ublic until an in ivi ual receives one of these frau ulent emails. #hese emails are cover face by the illusion that the email is

from your bank or another bank. 6hen a !erson rea s the email he4she is informe of a !roblem with he4she !ersonal account or another in ivi ual wants to sen the !erson some of their money an e!osit it irectly into their account. #he email asks for your !ersonal account information an when a !erson gives this information away, they are financing the work of a criminal. Cyber !oren ic #he sim!le efinition of com!uter forensics ... is the art an science of a!!lying com!uter science to ai the legal !rocess. 6ith the ra!i a vance in technology it quickly became more than +ust an art though, an egree on the sub+ect. nowa ays you can even get a cyber forensics s!ecialization

&lthough !lenty of science is attributable to com!uter forensics, most successful investigators !ossess a nose for investigations an a skill for solving !uzzles, which is where the art comes in. - ,hris <.#. Brown, ,om!uter .vi ence ,ollection an /reservation, =>>? #hus, it is more than the technological, systematic ins!ection of the com!uter system an its contents for evi ence or su!!ortive evi ence of a civil wrong or a criminal act. ,om!uter forensics requires s!ecialize e"!ertise an tools that goes above an beyon the normal ata collection an !reservation techniques available to en -users or system su!!ort !ersonnel. $ne efinition is analogous to 3.lectronic .vi entiary Recovery, known also as e- iscovery, requires the !ro!er tools an knowle ge to meet the ,ourt(s criteria, whereas ,om!uter Forensics is sim!ly the a!!lication of com!uter investigation an analysis techniques in the interests of etermining !otential legal evi ence.3@)A &nother is 3a !rocess to answer questions about igital states an events3@=A. #his !rocess often involves the investigation an e"amination com!uter system1s2, inclu ing, but not limitie to the ata acquisition that resi es on the me ia within the com!uter. #he forensic e"aminer ren ers an o!inion, base u!on the e"amination of the material that has been recovere . &fter ren ering an o!inion an re!ort, to etermine whether they are or have been use for criminal, civil or unauthorize activities. 'ostly, com!uter forensics e"!erts investigate ata storage evices, these inclu e but are not

limite to har

rives, !ortable ata evices 19SB Brives, ."ternal rives, 'icro Brives

an many more2. ,om!uter forensics e"!ertsC % entify sources of ocumentary or other igital evi ence. /reserve the evi ence. &nalyze the evi ence. /resent the fin ings. ,om!uter forensics is one in a fashion that a heres to the stan ar s of evi ence that are a missible in a court of law. #hus, com!uter forensics must be techno-legal in nature rather than !urely technical or !urely legal. "nder tand the u pect %t is absolutely vital for the forensics team to have a soli un erstan ing of the level of so!histication of the sus!ect1s2. %f insufficient information is available to form this o!inion, the sus!ects must be consi ere to be e"!erts, an shoul be !resume to have installe countermeasures against forensic techniques. Because of this, it is critical that you a!!ear to the equi!ment to be as in istinguishable as !ossible from its normal users until you have shut it own com!letely, either in a manner which !robably !rohibits the machine mo ifying the rives, or in e"actly the same way they woul . %f the equi!ment contains only a small amount of critical ata on the har straightforwar rive, for

e"am!le, software e"ists to wi!e it !ermanently an quickly if a given action occurs. %t is to link this to the 'icrosoft 6in ows 3Shut own3 comman , for e"am!le. However, sim!ly 3!ulling the !lug3 isn(t always a great i ea, either-information store solely in R&', or on s!ecial !eri!herals, may be !ermanently lost. <osing an encry!tion key store solely in Ran om &ccess 'emory, an !ossibly unknown even to the sus!ects themselves by virtue of having been automatically generate , may ren er a great eal of ata on the har e"tremely e"!ensive an time-consuming to recover. rive1s2 unusable, or at least

.lectronic evi ence can be collecte from a variety of sources. 6ithin a com!any7s network, evi ence will be foun in any form of technology that can be use to transmit or store ata. .vi ence shoul be collecte through three !arts of an offen er7s networkC at the workstation of the offen er, on the server accesse by the offen er, an on the network that connects the two. %nvestigators can therefore use three ifferent sources to confirm of the ata7s origin. <ike any other !iece of evi ence use in a case, the information generate as the result of a com!uter forensics investigation must follow the stan ar s of a missible evi ence. S!ecial care must be taken when han ling a sus!ect7s filesD angers to the evi ence inclu e viruses, electromagnetic or mechanical amage, an even booby tra!s. #here are a han ful of car inal rules that are use to ensure that the evi ence is not estroye or com!romise C $nly use tools an metho s that have been teste an evaluate to vali ate their

accuracy an reliability. %n or er to verify that a tool is forensically soun , the tool shoul be teste in a mock forensic e"amination to verify the tools !erformance. #here are government agencies such as the Befense ,yber ,rime %nstitute that acce!t requests to test s!ecific igital forensic tools an metho s for governmental agencies, law enforcement organizations, or ven ors of igital forensic !ro ucts at no cost to the requestor. Han le the original evi ence as little as !ossible to avoi .stablish an maintain the chain of custo y. Bocument everything one. Eever e"cee !ersonal knowle ge. %f such ste!s are not followe the original ata may be change , ruine or become tainte , an so any results generate will be challenge an may not hol u! in a court of law. $ther things to take into consi eration areC changing the ata.

The time that bu ine

operation are inconvenienced# iscovere will be han le .

How sensitive information which is unintentionally

%n any investigation in which the owner of the igital evi ence has not given consent to have his or her me ia e"amine F as in most criminal cases F s!ecial care must be taken to ensure that you as the forensic s!ecialist have legal authority to seize, image, an e"amine each evice. Besi es having the case thrown out of court, the e"aminer may fin him or herself on the wrong en of a hefty civil lawsuit. &s a general rule, if you aren(t sure about a s!ecific !iece of me ia, o not e"amine it. &mateur forensic e"aminers shoul kee! this in min before starting any unauthorize investigation. Some of the most valuable information obtaine in the course of a forensic e"amination will come from the com!uter user themself. %n accor ance with a!!licable laws, statutes, organizational !olicies, an other a!!licable regulations, an interview of the com!uter user can often yiel invaluable information regar ing the system configuration, a!!lications, an most im!ortant, software or har ware encry!tion metho ology an keys utilize with the com!uter. Forensic analysis can become e"!onentially easier when analysts have !ass!hrase1s2 utilize by the user o!en encry!te files or containers use on the local com!uter system, or on systems ma!!e to the local com!uter through a local network or the internet. Secure the machine and the data 9nless com!letely unavoi able, ata shoul never be analyze using the same machine it is collecte !rimarily har from. %nstea , forensically soun co!ies of all ata storage evices, rives, must be ma e. ."ce!tional consi eration to this !ractice are

etaile below regar ing live system consi erations.

0Chapter

%o& cyber crime &or' (

,yber crime has become a !rofession an gangster more tra itionally associate laun ering. %t has become !ossible for !eo!le with com!aratively low technical skills to steal thousan s of !oun s a ay without leaving their homes. %n fact, to make more money than can be ma e selling heroin 1an with far less risk2, the only time the criminal nee leave his /, is to collect his cash. Sometimes they on(t even nee to o that. %n all in ustries, efficient business mo els e!en u!on horizontal se!aration of eal of tra e at !rices set by the with the emogra!hic of your ty!ical cyber geek to the ty!e of organize money

criminal is changing ra!i ly, from be room-boun

rug-trafficking, e"tortion an

!ro uction !rocesses, !rofessional services, sales channels etc. 1each requiring s!ecialize skills an resources2, as well as a goo market forces of su!!ly an eman . ,yber crime is no ifferentC it boasts a buoyant

international market for skills, tools an finishe !ro uct. %t even has its own currency. #he rise of cyber crime is ine"tricably linke to the ubiquity of cre it car transactions an online bank accounts. -et hol of this financial ata an not only can you steal silently, but also F through a !rocess of virus- riven automation F with ruthlessly efficient an hy!othetically infinite frequency. #he question of how to obtain cre it car 4bank account ata can be answere by a selection of metho s each involving their own relative combinations of risk, e"!ense an skill. #he most straightforwar is to buy the Gfinishe !ro uct7. %n this case we7ll use the e"am!le of an online bank account. #he !ro uct takes the form of information necessary to gain authorize control over a bank account with a si"-figure balance. #he cost to obtain this information is HI>> 1cyber criminals always eal in ollars2. %t seems like a small figure, but for the work involve an the risk incurre it7s very easy money for the

criminal who can !rovi e it. &lso remember that this is an international tra eD many cyber-criminals of this ilk are from !oor countries in .astern .uro!e, South &merica or South-.ast &sia. #he !robable market!lace for this transaction will be a hi en %R, 1%nternet Relay ,hat2 chatroom. #he HI>> fee will most likely be e"change in some form of virtual currency such as e-gol . Eot all cyber-criminals o!erate at the coalface, an certainly on7t work e"clusively of one anotherD ifferent !rotagonists in the crime community !erform a range of im!ortant, s!ecialize functions. #hese broa ly encom!assC ,o ers F com!arative veterans of the hacking community. 6ith a few years( e"!erience at the art an a list of establishe contacts, Gco ers7 !ro uce rea y-to-use tools 1i.e. #ro+ans, mailers, custom bots2 or services 1such as making a binary co e un etectable to &J engines2 to the cyber crime labour force F the Gki s7. ,o ers can make a few hun re ollars for every criminal activity they engage in.

Ki s F so-calle because of their ten er ageC most are un er )*. #hey buy, tra e an resell the elementary buil ing blocks of effective cyber-scams such as s!am lists, !h! mailers, !ro"ies, cre it car numbers, hacke hosts, scam !ages etc. GKi s7 will make less than H)>> a month, largely because of the frequency of being Gri!!e off7 by one another. Bro!s F the in ivi uals who convert the Gvirtual money7 obtaine in cyber crime into real cash. 9sually locate in countries with la" e-crime laws 1Bolivia, %n onesia an 'alaysia are currently very !o!ular2, they re!resent Gsafe7 a resses for goo s !urchase with stolen financial etails to be sent, or else Gsafe7 legitimate bank accounts for money to be transferre into illegally, an !ai out of legitimately. 'obs F !rofessionally o!erating criminal organizations combining or utilizing all of the functions covere by the above. $rganize crime makes !articularly goo use of safe G ro!s7, as well as recruiting accom!lishe Gco ers7 onto their !ayrolls.

-aining control of a bank account is increasingly accom!lishe through !hishing. #here are other cyber crime techniques, but s!ace oes not allow their full e"!lanation. &ll of the following !hishing tools can be acquire very chea!lyC a scam letter an scam !age in your chosen language, a fresh s!am list, a selection of !h! mailers to s!am-out )>>,>>> mails for si" hours, a hacke website for hosting the scam !age for a few ays, an finally a stolen but vali cre it car with which to register a omain name. 6ith all this taken care of, the total costs for sen ing out )>>,>>> !hishing emails can be as little as H?>. #his kin of G!hishing tri!7 will uncover at least => bank accounts of varying cash balances, giving a Gmarket value7 of H=>> F H=,>>> in e-gol if the etails were sim!ly sol to another cybercriminal. #he worst-case scenario is a L>>M return on the investment, but it coul be ten times that. Better returns can be accom!lishe by using G ro!s7 to cash the money. #he risks are high, thoughC commission, an ro!s may take as much as N>M of the value of the account as instances of Gri!!ing off7 or Ggrassing u!7 to the !olice are not

uncommon. ,autious !hishers often se!arate themselves from the !hysical cashing of their s!oils via a series of G ro!s7 that o not know one another. However, even taking into account the N>M commission, an a N>M Gri!-off7 rate, if we assume a single stolen balance of H)>,>>> F H)>>,>>>, then the !hisher is still looking at a return of between I> an I>> times the meagre outlay of his4her !hishing tri!. %n large o!erations, offshore accounts are invariably use to accumulate the criminal s!oils. #his is more com!licate an far more e"!ensive, but ultimately safer. #he alarming efficiency of cybercrime can be illustrate starkly by com!aring it to the illegal narcotics business. $ne is faster, less etectable, more !rofitable 1generating a return aroun I>> times higher than the outlay2 an !rimarily non-violent. #he other takes months or years to set-u! or realise an investment, is cracke angerous. & !hishing to the other cyber-criminal activities riven by hacking an virus own u!on by all almost all governments internationally, fraught with e"!ensive overhea s, an e"tremely

technologies F such as car ing, a ware4s!yware !lanting, online e"tortion, in ustrial

s!ying an mobile !hone ialers F an you7ll fin a healthy community of cottage in ustries an international organizations working together !ro uctively an tra ing for im!ressive !rofits. $f course these !eo!le are threatening businesses an in ivi uals with evastating loss, financial har shi! an troubling uncertainty F an must be sto!!e . $n to! of viruses, worms, bots an #ro+an attacks, organizations in !articular are

conten ing with social engineering ece!tion an traffic masquera ing as legitimate a!!lications on the network. %n a reactive a!!roach to this onslaught, com!anies have been layering their networks with stan alone firewalls, intrusion !revention evices, anti-virus an anti-s!yware solutions in a es!erate attem!t to !lug holes in the armoury. #hey(re beginning to recognize it(s a faile strategy. &fter all, billions of !oun s are being s!ent on security technology, an yet security breaches continue to rise. O %n or er to fight cyber crime to the fullest, there nee s to be a tightening of international igital legislation an of cross-bor er law enforcement co-or ination. But there also nee s to be a more creative an inventive res!onse from the organizations un er threat. /iecemeal, reactive security solutions are giving way to strategically e!loye multi-threat security systems. %nstea of having to install, manage an maintain is!arate evices, organizations can consoli ate their security ca!abilities into a commonly manage a!!liance. #hese measures combine , in a ition to greater user e ucation are the best safeguar against the eviousness an !ure innovation of cybercriminal activities.

Chapter ) *er pective of Information Technology +ct, 2--Introduction to IT +ct #he /arliament of %n ia has !asse its first ,yberlaw, the %nformation #echnology &ct, =>>> which !rovi es the legal infrastructure for .-commerce in %n ia. #he sai &ct has receive the assent of the /resi ent of %n ia an has become the law of the lan in %n ia. &t this +uncture, it is relevant for us to un erstan what the %# &ct,=>>> offers an its various !ers!ectives. .b/ect of IT +ct #he ob+ect of #he %nformation #echnology &ct, =>>> as efine therein is as un er C3to !rovi e legal recognition for transactions carrie out by means of electronic ata interchange an other means of electronic communication, commonly referre to as 3electronic metho s of communication an storage of information, to facilitate electronic filing of ocuments with the -overnment agencies an further to amen the %n ian /enal ,o e, the %n ian .vi ence &ct, )*P=, the Banker(s Book .vi ence &ct, )*Q) an the Reserve Bank of %n ia &ct, )QLI an for matters connecte therewith or inci ental thereto.3 #owar s that en , the sai &ct thereafter sti!ulates numerous !rovisions. #he sai &ct aims to !rovi e for the legal framework so that legal sanctity is accor e to all electronic recor s an other activities carrie out by electronic means. #he sai &ct further states that unless otherwise agree , an acce!tance of contract may be e"!resse by electronic means of communication an the same shall have legal vali ity an enforceability. #he sai &ct !ur!orts to facilitate electronic

intercourse in tra e an commerce, eliminate barriers an obstacles coming in the way of electronic commerce resulting from the glorious uncertainties relating to writing an signature requirements over the %nternet. #he &ct also aims to fulfil its ob+ects of !romoting an evelo!ing the legal an business infrastructure necessary to im!lement electronic commerce. 0rief Introduction to IT +ct ,ha!ter-%% of the sai &ct s!ecifically sti!ulates that any subscriber may

authenticate an electronic recor by affi"ing his igital signature. %t further states that any !erson by the use of a !ublic key of the subscriber can verify the electronic recor . ,H&/#.R %%% of the &ct etails about .lectronic -overnance an !rovi es interalia amongst others that where any law !rovi es that information or any other matter shall be in writing or in the ty!ewritten or !rinte notwithstan ing anything containe eeme to have been satisfie if such information or matter isa2 ren ere or ma e available in an electronic formD an b2 accessible so as to be usable for a subsequent reference. #he sai cha!ter also etails about the legal recognition of Bigital Signatures. #he various !rovisions further elaborate on the use of .lectronic Recor s an Bigital Signatures in -overnment &gencies. #he &ct further talks of !ublications of rules an regulations in the .lectronic -azette. ,ha!ter %J of the sai &ct gives a scheme for Regulation of ,ertifying form, then, in such law, such requirement shall be

&uthorities. #he &ct envisages a ,ontroller of ,ertifying &uthorities who shall !erform the function of e"ercising su!ervision over the activities of the ,ertifying &uthorities as also laying own stan ar s an con itions governing the ,ertiying

&uthorities as also s!ecifying the various forms an content of Bigital Signature ,ertificates. #he &ct recognises the nee issue Bigital Signature ,ertificates. ,ha!ter J%% of the &ct etails about the scheme of things relating to Bigital Signature ,ertificates. #he uties of subscribers are also enshrine in the sai Bill. ,ha!ter %R of the sai &ct talks about !enalties an a +u ication for various offences. #he !enalties for amage to com!uter, com!uter system etc. have been fi"e as amages by way of com!ensation not e"cee ing Rs. )>>,>>,>>>4- to affecte !ersons. #he &ct talks of a!!ointment of any officers not below the rank of a Birector to the -overnment of %n ia or an equivalent officer of state government as an & +u icating $fficer who shall a +u icate whether any !erson has ma e a contravention of any of the !rovisions of the sai act or rules frame thereun er. #he sai & +u icating $fficer has been given the !owers of a ,ivil ,ourt. #here is a !rovision in ,ha!ter R which envisage the ,yber Regulations &!!ellate #ribunal shall be an a!!ellate bo y where a!!eals against the or ers !asse by the & +u icating $fficers shall be !referre . #he sai #ribunal shall not be boun by the !rinci!les of the ,o e of ,ivil /roce ure but shall follow the !rinci!les of natural +ustice an shall have the same !owers as those are veste in a ,ivil ,ourt. &gainst an or er or ecision of the ,yber &!!ellate #ribunal, an a!!eal shall lie to the High ,ourt. ,ha!ter R% of the sai &ct talks about various offences an the sai offences shall be investigate only by a /olice $fficer not below the rank of the Be!uty Su!erinten ent of /olice. #hese offences inclu e tam!ering with com!uter source ocuments, !ublishing of information which is obscene in electronic form, breach for recognising foreign ,ertifying &uthorities an it further etails the various !rovisions for the issue of license to

of confi entiality an !rivacy, misre!resentation, !ublishing Bigital Signature ,ertificate false in certain !articulars an !ublication for frau ulent !ur!oses. Hacking has been !ro!erly efine in Section ?? as, 36hoever with the intent to cause or knowing that he is likely to cause wrongful loss or amage to the !ublic or any !erson estroys or eletes or alters any information resi ing in a com!uter resource or iminishes its value or utility or affects it in+uriously by any means, commits hacking.3 Further for the first time, !unishment for hacking as a cyber crime !rescribe in the form of im!risonment u!to L years or with fine which may e"ten to Rs. =,>>,>>>4- or with both. #his is a welcome measure as hacking has assume tremen ous im!ortance in the !resent ay scenario. $n !revious occasions, the web sites of the -overnment have been hacke into but no legal !rovision within the e"isting legislation coul un er section ?? of the %# &ct,=>>>. #he sai &ct also !rovi es for the constitution of the ,yber Regulations & visory ,ommittee which shall a vice the government as regar s any rules or for any other !ur!ose connecte with the sai act. #he sai &ct also has four Sche ules which amen the %n ian /enal ,o e, )*?>, the %n ian .vi ence &ct, )*P=, #he Bankers( Books .vi ence &ct, )*Q), #he Reserve Bank of %n ia &ct, )QLI to make them in tune with the !rovisions of the %# &ct. #he sai %# Bill was table in /arliament in Becember, )QQQ an was referre to the Stan ing ,ommittee on Science an #echnology, .nvironment an Forests for e"amination an re!ort. #he Stan ing ,ommittee e"amine the sai %# Bill )QQQ an !ro!ose some stringent measures to further strengthen the legal infrastructure of the %# Bill )QQQ. #he most !ositive as!ect of the sai re!ort was that it recommen e the insertion of the efinition an !unishment for 3hacking3. be invoke to cover 3hacking3 as a cyber crime. %t shall now be !ossible to try an !unish hackers

<ooking from an overall !ers!ective, the %nformation #echnology &ct,=>>> is a lau able effort by the -overnment to create the necessary legal infrastructure for !romotion an growth of electronic commerce. &s on ate, the +u iciary in %n ia is reluctant to acce!t electronic recor s an communications as evi ence. .ven email has not been efine in the !revailing statutes of %n ia an is not an acce!te legal form of communication as evi ence in a court of law as of to ay. #he sai %# &ct,=>>> in ee is a ste! forwar in that irection also. + pect of IT +ct From the !ers!ective of the cor!orate sector, the %# &ct =>>> an !rovisions contain the following !ositive as!ectsC&. #he im!lications of these !rovisions for the cor!orate sector woul be that email will now be a vali an legal form of communication in our country, which can be uly !ro uce an a!!rove in a court of law. #he as an cor!orates to ay thrive on email, not only as the form of communication with entities outsi es the com!any but also email is use in is!ensable tools for intra com!any communication. #ill now it has been seen that the cor!orates in their intra com!any communications on email have not been very careful in using the language in such emails. ,or!orates will have to un erstan that they shall nee to be more careful while writing emails, whether outsi e the com!any or within as the same with whatever language coul be !rove in the court of law, sometimes much to the etriment of the com!any. .ven intra com!any notes an memos, till now use only for official !ur!oses, shall also be coming within the ambit of the %# &ct an will be a missible as evi ence in a court of law. & !ossible consequence of the same for a ty!ical wire com!any woul be that any em!loyee, unha!!y with a !articular email communication, whether in !ersonal or receive in a official or !ersonal its

ca!acity, may make the sai

email as the foun ation for launching a

litigation in a court of law. Further, when a com!any e"ecutive sen s an email to another e"ecutive in the com!any with some efamatory or other relate material an co!ies the same to others, there are !ossibilities that he may lan in a litigation in a court of law. B. ,om!anies shall now be able to carry out electronic commerce using the legal infrastructure !rovi e by the &ct. #ill now, the growth of .lectronic commerce was im!e e in our country basically because there was no legal infrastructure to regulate commercial transactions online. ,. ,or!orates will now be able to use igital signatures to carry out their transactions online. #hese igital signatures have been given legal vali ity an sanction in the &ct. B. #he &ct also throws o!en the oors for the entry of cor!orates in the business of being of being ,ertifying &uthorities for issuing Bigital Signatures ,ertificates. #he &ct oes not make any istinction between any legal entity for being a!!ointe as a ,ertifying &uthority so long as the norms sti!ulate by the government have been followe . .. #he &ct also enables the com!anies to file any form, a!!lication or any other ocument with any office, authority, bo y or agency owne or controlle by the a!!ro!riate -overnment in the electronic form by means of such electronic form as may be !rescribe -overnment. %n ia is ra!i ly moving ahea governance an by the a!!ro!riate of electronic in the fiel

it will not be long before governments start taking

a!!lications or issuing licence, !ermit, sanction or a!!rovals ,by whatever name calle , online . #his !rovision shall be a great leveler as this will enable all kin s of com!anies to o a lot of their interaction with ifferent

government e!artments online, thereby saving costs, time an wastage of !recious man!ower. F. ,or!orates are man ate by ifferent laws of the country to kee! an retain valuable an cor!orate information. #he %# &ct enables com!anies legally to retain the sai information in the electronic form, ifa. the information containe therein remains accessible so as to be usable for a subsequent referenceD b. the electronic recor emonstrate is retaine in the format in which it was

originally generate , sent or receive or in a format which can be to re!resent accurately the information originally generate , sent or receive D c. the etails which will facilitate the i entification of the origin,

estination, ate an time of is!atch or recei!t of such electronic recor are available in the electronic recor C -. #he %t &ct also a resses the im!ortant issues of Security which are so

critical to the success of electronic transactions. #he &ct has also given a legal efinition to the conce!t of secure igital signatures which woul be require to have been !asse through a system of a security !roce ure, as sti!ulate by the government at a later ate. %n the times to come, secure igital signatures shall !lay a big role in the Eew .conomy !articularly from the !ers!ective of the cor!orate sector as it will enable a more secure transaction online. %n to ay(s scenario, information is su!reme. %nformation is store on their

res!ective com!uter systems by the com!anies a!art from maintaining a back u!. 9n er the %# &ct,=>>>, it shall now be !ossible for cor!orates to have a statutory reme y in case if anyone breaks into their com!uter systems or network an

causes amages or co!ies ata. #he reme y !rovi e by the &ct is in the form of monetary amages not e"cee ing Rs.)>>,>>,>>>. #his !enalty of amages a!!ly to any !erson who, without !ermission of the owner or any other !erson who is in charge of a com!uter, com!uter system or com!uter network,1a2 &ccesses or secures access to such com!uter, com!uter system or com!uter network. 1b2 ownloa s, co!ies or e"tracts any ata, com!uter ata base or information from such com!uter, com!uter system or com!uter network inclu ing information or ata hel or store in any removable storage me iumD 1c2 %ntro uces or causes to be intro uce com!uter system or com!uter networkD 1 2 amages or causes to be amage any com!uter, com!uter system or com!uter network, ata, com!uter ata base or any other !rogrammes resi ing in such com!uter, com!uter system or com!uter networkD 1e2 Bisru!ts or causes isru!tion of any com!uter, com!uter system or com!uter networkD 1f2 Benies or causes the authorise enial of access to any !erson any com!uter

contaminant or com!uter virus into any com!uter,

to access any com!uter, com!uter system or

com!uter network by any meansD 1g2 !rovi es any assistance to any !erson to facilitate access to a com!uter, com!uter system or com!uter network in

contravention of the !rovisions of this &ct, rules or regulations ma e thereun er, 1h2 ,harges the services availe of by a !erson to the account of another !erson by tam!ering with or mani!ulating any com!uter, com!uter system, or com!uter network. H. ,or!orates in %n ia can now take a sigh of relief as the %# &ct has efine various cyber crimes an has eclare them !enal offences !unishable with im!risonment an fine. #hese inclu e hacking an amage to com!uter source co e. $ften cor!orates face hacking into their systems an information. #ill ate, the cor!orates were in a hel!less con ition as there was no legal re ress to such issues.But the %# &ct changes the scene altogether. Dra&bac' of IT +ct However, es!ite the overwhelming !ositive features of the %# &ct,=>>> for the cor!orate sector, there are a cou!le of issues that concern the cor!orates in the sai &ctC). #he sai ste! has come a bit late. 6ith the !henomenon growth of %nternet which oubles a!!ro"imately every )>> ays, the sai &ct shoul have been !asse long time back. =. %t may be !ertinent to mention that the sai &ct !ur!orts to be a!!licable to not only the whole of %n ia but also to any offence or contravention there un er committe outsi e of %n ia by any !erson. #his !rovisions in section )1=2 is not clearly an ha!!ily rafte . %t is not clear as to how an in what !articular manner, the sai &ct shall a!!ly to any offence or contravention there un er committe outsi e of %n ia by any !erson. #he enforcement as!ect of the %# &ct is an area of grave concern. Eumerous ifficulties are

likely to arise in the enforcement of the sai &ct as the me ium of %nternet has shrunk the size of the worl an slowly, national boun aries shall cease to have much meaning in ,ybers!ace. L. %t is also strange that section )1I2 of the sai &ct e"clu es numerous things from the a!!licability of the %# &ct. #he &ct oes not a!!ly to 1a2 a negotiable instrument as efine in section )L of the Eegotiable %nstruments &ct, )**)D 1b2 a !ower of attorney as efine in section ) & of the /owers-of-&ttorney &ct, )**=D 1c2 a trust as efine in section L of the %n ian #rusts &ct, )**=D 1 2 a will as efine in clause 1h2 of section = of the %n ian Succession &ct, )Q=N inclu ing any other testamentary is!osition by whatever name calle D 1e2 any contract for the sale or conveyance of immovable !ro!erty or any interest in such !ro!erty. #he sai %# &ct alrea y e"clu es numerous im!ortant things. #he &ct talks about !romoting electronic commerce an which efies logicS I. #he %# &ct, =>>> oes not touch at all the issues relating to Bomain Eames. .ven Bomain Eames have not been efine an the rights an liabilities of Bomain Eame owners o not fin any mention in the sai law. %t may be submitte that .lectronic ,ommerce is base on the system of Bomain Eames an e"clu ing such im!ortant issues from the ambit of %n ia(s First ,yberlaw oes not a!!eal to logic. N. #he %# &ct, =>>> oes not also eal at all with the %ntellectual /ro!erty Rights of Bomain Eame owners. ,ontentious yet very im!ortant issues concerning ,o!yright, #ra emark an /atent have been left untouche in the sai law thereby leaving many loo!holes in the sai law. it begins by e"clu ing immovable !ro!erty from the ambit of electronic commerce- a reasoning

?. #he %# &ct talks about the use of electronic recor s an

igital signatures

in government agencies. 5et, strangely it further says in section Q, that this oes not confer any right u!on any !erson to insist that the ocument in questions shoul be acce!te in electronic form. #he control of the irection of -overnment is a!!arent, as the ,ontroller of ,ertifying &uthorities has to ischarge his functions sub+ect to the general control an ,entral -overnment. #he %nternet an the !henomenon of electronic

commerce require that minimum hur les an obstacles nee to be !ut in their way. #he &ct seeks to bureaucratize the entire !rocess of controlling electronic commerce. #his is likely to result into consequences of elays an other relate !roblems. P. &s ,yberlaw is growing, so are the new forms an manifestations of cyber crimes. #he offences efines in the %# &ct are by no means e"haustive. However, the rafting of the relevant !rovisions of the %# &ct make it a!!ear as if the offences etaile in the sai %# &ct are the only ,yber offences !ossible an covere un er the &ct. *. #he %# &ct talks of & +u icating $fficers who shall a +u icate whether any !erson has committe a contravention of any !rovisions of this &ct of any rules, regulations, irections or or er ma e there un er. How these & +u icating $fficers will a +u icate the contravention of the &ct has not been ma e clear or well efine . Further, it has also not been s!ecifie as to how the sai & +u icating $fficers shall etermine whether any contravention of the &ct or any offence has been committe by any !erson out si e %n ia. Further, what authority woul these & +u icating $fficers have viz-a-viz !ersons out si e %n ia who have committe any cyber offences have not been efine . Eo efinitive !roce ure for a +u ication e"isting. For e"am!le, cyber offences like cybertheft, cyberstalking, cyber harassment an cyber efamation are not

by & +u icating $fficers has been e"haustively s!elt out by the %# &ct. Further the territorial +uris iction of the sai & +u icating $fficers an also the ,yber Regulations &!!ellate #ribunal has not been efine . Q. Section NN of the %# &ct states that no or er of the ,entral -overnment a!!ointing any !erson as the /resi ing $fficer of a ,yber &!!ellate #ribunal shall be calle in question in any manner an no &ct or !rocee ing before a ,yber &!!ellate #ribunal shall be calle in question in any manner on the groun merely of any efect in the constitution of a ,yber &!!ellate #ribunal. #he sai !rovisions is violative of the Fun amental Rights of the citizens as are enshrine in ,ha!ter %%% of the ,onstitution of %n ia an the sai !rovision is not e"!e ient an is likely to be struck own by the courts. #he ,entral -overnment cannot claim immunity in a!!ointments to ,yber &!!ellate #ribunal, as the same is contrary to the s!irit of the ,onstitution of %n ia. Further, it may be submitte that if there is a efect in the constitution of a ,yber &!!ellate #ribunal, that goes to the root of the matter an ren ers all !rocee ings an acts of the sai ,yber &!!ellate #ribunal null T voi abinitio. )>. Further the sai %# &ct talks of any agency of the government interce!ting any information transmitte through any com!uter resource if the same is necessary in the interest of the sovereignty or integrity of %n ia, the security of the State, frien ly relations with foreign States or !ublic or er or for !reventing incitement to the commission of any cognizable offence. #his is one !rovision which is likely to be misuse by future governments to suit their !olitical motives as also for the !ur!ose of victimization. Eo stan ar s or !rovisions have been lai own by the %# &ct, which efine any con itions etaile above. #he su!!orters of the cause of in ivi ual !rivacy an free om see this !rovisions as a gross violation of in ivi ual

free om an that aforesai con itions are unreasonable restrictions, which are not !ermissible in the conte"t of the ra!i growth of %nternet. )). Further, the sai %# &ct is likely to cause a conflict of +uris iction. )=. &nother ma+or gray area is that the raconian !owers given to a !olice officer not below rank of the Be!uty Su!erinten ent of /olice un er Section *> of the &ct have been left untouche . Eowhere in the worl o be fin a !arallel such a wi e an unrestricte !ower to given to any officer for the !ur!ose of investigating an !reventing the commission of a cyber crime. &fter all, the !ower given by the %# &ct to the sai BS/ inclu es the !ower to 3 enter any !ublic !lace an search an arrest without warrant any !erson foun therein who is reasonably sus!ecte or having committe or of committing or of being about to commit any offence un er this &ct.3 #he sai !ower has been given without any restrictions of any kin whatsoever. %t is very much !ossible that the same is likely to be misuse an abuse in the conte"t of ,or!orate %n ia as com!anies have !ublic offices which woul come within the ambit of 3!ublic !lace3 un er Section *> an com!anies will not be able to esca!e !otential harassment from the han s of the BS/ . #his area of the %# &ct can be one of the greatest concerns for the government, the in ustry an the !eo!le at large. )L. #he biggest concern about the new %n ian ,yberlaw relates to its im!lementation. #he sai &ct oes not lay own !arameters for its im!lementation. &lso when %nternet !enetration in %n ia is e"tremely low an government an !olice officials, in general are not at all, com!uter savvy, the new %n ian ,yberlaw raises more questions than it answers them. %t seems that the /arliament woul be require to amen the %# &ct, =>>> to remove the gray areas mentione above.

&ll sai an

one, #he %nformation #echnology &ct,=>>> is a great achievement

an a remarkable ste! ahea in the right irection. #he %# &ct is a first ste! taken by the -overnment of %n ia towar s !romoting the growth of electronic commerce so that .lectronic ,ommerce in %n ia can lea! frog to success. Bes!ite all its failings, it is a first historical ste!. #he other ste!s have to follow.

0Chapter

Impact of IT in Indian 2egal Sy tem

.ver since E%, took u! com!uterization in Su!reme ,ourt in )QQ>, many a!!lications have been com!uterize which have im!act on masses i.e. litigants. Following are some of the a!!lications which have been successfully im!lemente at Su!reme ,ourt an )* High ,ourts an these a!!lications have either irect or in irect im!act on the masses. Supreme Court of India 2i t of 0u ine Information Sy tem 32.0IS4 5

%t is about sche uling of cases to be hear by the courts on the following ay. %t enable the Registries of Su!reme ,ourt an High ,ourts in eliminating manual !rocess of ,ause <ist generation thus any mani!ulation by veste interests. #hese atabases contain etails of fresh cases, is!ose an !en ing cases. %t is the backbone a!!lication of every ,ourt. Impact5 i. &s ,ause <ists are generate time without any hassle ii. ,ases are liste strictly in chronological or er of ate of filingD automatically by the com!uter manual

intervention has been eliminate resulting in generation of ,ause <ist in

eliminate irregularities iii. &ll cases having the same law !oint1s2 to be eci e by the courts are bunche 4grou!e an !oste before one bench. #his has hel!e the courts in faster is!osal of cases.

iv. %t has become sim!ler to recall ismisse cases when review !etitions are file . v. $n the s!ot reliable an instantaneous statistical re!orts are generate vi. %t has hel!e Registry of Su!reme ,ourt in streamlining its ay to ay activities to achieve one of the main ob+ectives of ,$9R#%S /ro+ect

!iling Counter Computeri6ation %n the Su!reme ,ourt of %n ia an all High ,ourts fresh cases are file only before the com!uterize Filing ,ounters. &s the a vocates stan in queue for Filing cases before the counters, the ata entry $!erator enters !reliminary etails require for Registration such as /arty names, a vocate etails, etc. #he com!uter terminal at the query counter is use to atten to the quarries of the litigants on the s!ot. #he automatically. Impact #he filing !rocess is ma e easy #he a vocates4litigants nee not wait for a long time in the queue #he amount collecte towar s ,ourt fee in a ay is automatically calculate thus saving the time of court official7s time 8uery counter avoi s the litigants go aroun the sections to fin out the Filing status Filing !rocess is or erly efects, if any, are liste out an han e over to the litigants4a vocates for rectification. #ime limitation is also checke by the system

 Saves time an efforts of a vocates an court officials

C."7T8IC #his is about !rovi ing Su!reme ,ourts( !en ing case status information to litigants4a vocates on any no e of E%,E.#. ,$9R#E%, answers about two hun re queries of litigants4a vocates !er ay all over the country on the status of their !en ing cases. %t is available on nominal charges. /rimarily ,$9R#E%, information is available in all E%,-High ,ourt ,om!uter ,ells an in some Bistrict ,ourt. %t has been in use since )QQL. Impact #he res!onse to the ,$9R#E%, from the !ublic is over-whelming, as !en ing cases information is available at his4her Bistrict hea quarters. %t avoi s the litigants to come all over to Belhi from their !lace. #he litigants nee not fin the status of their !en ing cases on !hone as is the usual !ractice. /robably this facility is first of its kin in the worl . 9"DIS E%, has brought out Uu gement %nformation System 1U9B%S2 consisting of com!lete te"t of all re!orte +u gement of Su!reme ,ourt of %n ia from )QN> to till Bate. 1http5::/udi #nic#in2 Supreme Court; pending Ca e on I<7 %ntereste litigants an a vocates can fin out the status of their cases !en ing in Su!reme ,ourt on tele!hone by making use of %nteractive Joice Res!onse System 1%JR2 free of charge. For accessing this, the !hone nos. areC >))-IL?=>?=, IL?>))=. Cau e 2i t on Internet 3http5::cau eli t #nic#in4

,auselists are sche uling of cases to be hear by the courts on the following ay. #he ,auselists of Su!reme ,ourt an many other High ,ourts are available on E%, 6eb Servers. &s the Su!reme ,ourt of %n ia an all the )* High ,ourts an their )> Benches are fully com!uterise , all these courts generate Baily an 6eekly ,auselists from the com!uter servers installe by E%,. #he ,auselist a!!lication is the backbone a!!lication of all courts as no court can function without that ay7s ,auselist. Hence this has become near time critical a!!lication in all the ,ourts. %mme iately after generation of the ,auselist most of the courts cyclostyle the stencils cut from the !rinters attache to the servers for generating thousan s of co!ies running into a few lakhs of !ages every ay. Bue to this reason the courts take a lot of time for generation an su!!ly of the ,auselists to the a vocates at their offices or resi ences. 9sually the a vocates receive the cyclostyle co!ies of a ay7s ,ause <ist not before * /'. Some High ,ourts sen the ,auselists ata on flo!!y to the /rinters for !rinting thousan s of co!ies. #his !rocess costs each High ,ourts lakhs of Ru!ees every year. By making the ,auselists available on %nternet, no High ,ourt is incurring any e"!en iture as they are using the alrea y available infrastructure an the Software of E%,. !eature %t is available on %nternet

,auselists

of

all

High

,ourts

can

be

accesse

at

9R<

i.e.

1http5::cau eli t #nic#in2 & vocates can generate their own ,auselist consisting of his4her own cases Retrieval through the name of either !etitioner or res!on ent ,ourt wise list can be generate

 Uu ge wise list can be !re!are .ntire ,auselist can be !rinte , if require ,ase no. wise access is !ossible

Impact & vocates are able to receive the ,ause lists almost imme iately after courts hours & vocate can generate their own casuists which will contain only their cases, thus avoi ing them to go through hun re s of !ages to locate their cases &s the a!!lication is available on %nternet, the litigant !ublic can easily fin out whether their cases are coming for hearing or not, without bothering the a vocates Some courts are consi ering to re uce the generation of co!ies of ,auselists, as most of the a vocates are e!en ent on the %nternet version of ,auselists, thus the courts can save goo amount money on annual basis E%, has ma e the ,ause lists of the following High ,ourts on its 6eb servers a!art from the Su!reme ,ourt of %n iaC Su!reme ,ourt of %n ia &llahaba &n hra /ra esh Bombay ,alcutta

 ,hattisgarh ,hennai Belhi -u+arat -uwahati Himachal /ra esh Uabal!ur Uammu T Kashmir Uharkhan Uo h!ur Karnataka Kerala /atna /un+ab T Haryana $rissa 9ttaranchal Sikkim %igh Court of Calcutta .ver since E%, has ma e the ,auselists of the Su!reme ,ourt of %n ia an High ,ourts available on %nternet, this a!!lication has receive huge res!onse from the a vocates an litigant !ublic. #o un erstan the enormous res!onse the a!!lication has receive , herewith one week7s Bay wise Hit statistics are enclose . $n an average it i receiving 1-,--- hit per day. By any stan ar , it is a significant number for one a!!lication.

For the !ur!ose of illustration, some of the screens associate with the a!!lication are also enclose . %igh Court Computeri ation E%, took u! com!uterisation of all )* High ,ourts an Q Benches on the lines of &!e" ,ourt7s ,om!uterisation. E%, im!lemente the <ist of Business %nformation 1<$B%S2 in all High ,ourt ,ourts. Some of the High ,ourts7 ,ause <ist are also available on %nternet. 'any !ossible a!!lications in all High ,ourts have been com!uterise . 'ost of the High ,ourts have o!ene query counters along with Filing ,ounters for !rovi ing !en ing cases information to the litigants an a vocates. !acilitie provided are5 ,auselists are generate automatically Bunching4-rou!ing is one ,om!uter base Filing ,ounters are o!ene 8uery counters are available U9B%S T ,$9R#E%, are available &ll H,s are connecte on E%,E.#4%nternet Bay to ay Uu gements an $r ers are store on com!uters Di trict Court Computeri ation %n )QQP, E%, took u! the com!uterisation of all IL> Bistrict ,ourts in the country on the lines of High ,ourts ,om!uterisation /ro+ect. #he basic ob+ectives of the !ro+ect areC

 to !rovi e trans!arency of information to the litigants an a vocates to hel! the +u icial a ministration in streamlining its activities to !rovi e +u icial an legal atabases to the Bistrict Uu ges E%, !rovi e three level training !rograms to the Bistrict ,ourt officials. #he three levels areC Computer +&arene !rograms were chaire *rogram for the Bistrict Uu ges. #hese training by either the Hon(ble ,hief Uustice or one of the

Hon(ble Uu ges of the concerne High ,ourt. Supervi ory level training at E%, State ,entres. #hese su!ervisory level officials were i entifie an sent to E%, State ,entres by the Bistrict ,ourts for training on ay to ay maintenance of the com!uters an its !eri!herals. In=hou e hand on training to the Bistrict ,ourt officials working on the com!uter terminals. #he Bistrict %nformatics $fficers of E%, !oste at the Bistrict 'agistrates( $ffice im!arte this training. &ll officials have been traine on (Bistrict ,ourt %nformation System( 1B,%S2 S6. #he B,%S Software is a huge general !ur!ose Software !ackage evelo!e for the com!uterization of Bistrict ,ourts. #his software takes care of all as!ects of Bistrict ,ourt nee s. #he !ro+ect is yet to !icku! momentum in most of the Bistrict ,ourts for want of interest from the Bistrict ,ourt officials. E%, has !ro!ose to con uct another roun of #raining to the users.

0Chapter

>

?=Court *ro/ect by ?=committee, Supreme Court of India

Introduction %n the era of technology, where s!ee has become the most essential

requirement4 !art of life, manual effort for com!letion of a task soun s a bit awkwar . 6here !ostage an other mo es of communications have been re!lace by mails an messages, imagining life without mobile an internet is like a nightmare. 6hile being a !art of Bistrict & ministration, it was notice that a Bistrict 'agistrate, the one who is loa e with a number of res!onsibilities an tasks, somehow manages to e"ecute on-n-average )N committee meetings a month which is an essential !art of a ministration. Bue to an over busy an !rone to change sche ule, such meetings ha!!ens, as well as there sche ule changes at a short notice of time. #o intimate all the concerne members of the committee at such a short notice, sometimes becomes im!ossible using !ostage. .ven if there is enough time to intimate all, an intimation4 invitation of meetings is a bun le of at least )> !ages mentioning the sche ule as well as the agen a of the meeting which is then co!ie for all the members of the committee an last but not the least, an overhea of !ostal charges is also get clubbe in its costing, which again soun s a te ious !rocess in the era of technology. #o s!ee u! the !rocess an to re uce costing of the same, with the use of the latest technologies, a !ro uct has been evelo!e an is still welcoming new features. #he !ro uct makes an S'S for circulating the information7s an immense use of the e-mail an

invitations, which hel!e in achieving the goal. #he !ro uct has ifferent levels of <ogins matching the esignation an rights of the user e.g. & ministrator, 'ember Secretary an 'ember.

ICT ?nablement %n ian Uu iciary is in urgent nee of re-engineering its !rocesses, o!timize the use of its human resources an bring about change management by harnessing the !otentiality of the available %nformation an ,ommunication #echnology 1%,#2 to its fullest e"tent. #he ob+ective of this e"ercise is to enhance +u icial !ro uctivity both qualitatively an quantitatively as also make the +ustice elivery system affor able, accessible, cost effective, trans!arent an accountable. Similar ob+ectives have been achieve in other !arts of the worl by use of technology but in %n ia though its man!ower is known for its technology e"!ertise, the %,# benefits coul not be fully e"!lore an utilize in !ublic service sectors like +u iciary an other organs of the State. %n the %n ian Uu iciary, effort for com!uterization of some of its !rocesses has been going on since )QQ>. Eee was felt to make the !rogramme of %,# enablement of the %n ian Uu iciary mission-critical. #here was an overwhelming realization in the +u icial sector in favour of their web-base interlinking. *ha e I pro/ect analy i Buring /hase % of the e,ourts /ro+ect, in a very large number of ,ourt ,om!le"es, ,om!uter Server Rooms an Uu icial Service ,entres have been rea ie . #he Bistrict an #aluka ,ourts as covere in /hase % of these ,ourt ,om!le"es have alrea y been com!uterize , with installation of har ware, <&E etc. an ,ase %nformation Software 1,%S2. ,onsequently, these ,ourts are now !rovi ing basic case-relate services to litigants an lawyers. #he e-,ourts Eational !ortal 1ecourts.gov.in2 was launche by Hon7ble the ,hief Uustice of %n ia on Pth &ugust, =>)L. #his !rovi es cause-list, case status evising a Eational /olicy an &ction /lan with a!!ro!riate s!rea an !hasing to im!lement %,# in courts across the country an

information in res!ect of more than =.N crore cases 1!en ing an sometimes reache

eci e 2 an has

aily Ghits7 in e"cess of P lakhs which is growing

e"!onentially every week. #his is a !art of the Eational Uu icial Bata -ri that has been ma e o!erational an will be im!rove in a !hase manner. #he e,ourts Eational !ortal also !rovi es training material for +u icial officers an staff, links to Bistrict ,ourt websites an statistical re!orts that can be use as a +u icial management information system. #his !ortal is e"!ecte to !lay a key role in bringing about +u icial reforms. #he e-transactions services of the e,ourts !ortal as !er etaal.gov.in have crosse =.= ,rore. & large number of Bistrict ,ourts have launche launch of a website. <ike all other organs of their websites for the

convenience of litigants an others have been !rovi e with a tem!late for easy emocracy, Uu iciary is also en eavoring an !ersevering earnestly to transform itself by im!lementing tools an means of %nformation an ,ommunication #echnology 1%,#2. &s a !art of Eational e-overnance /lan 1Ee-/2, e,ourts /ro+ect is an %ntegrate 'ission 'o e /ro+ect un er im!lementation since =>>P for %n ian Uu iciary base on the GEational /olicy an &ction /lan for %m!lementation of %nformation an ,ommunication #echnology in %n ian Uu iciary7 1E/&/%%,#2, !re!are by the e,ommittee of Su!reme ,ourt of %n ia in =>>N an a!!rove by the ,hief Uustice of %n ia. #he number of aily hits on the e-,ourts Eational !ortal has reache more than )> lac a ay as !er the Eational e#ransactions /ortal www.etaal.gov.in #he total e-transactions so far since the launch of the !ortal have cross =.= ,rore. #he following chart shows the e"!onential growth of the hits on the e,ourts Eational !ortal for availing the servicesC

@onth=&i e eTran action through eCourt 8ational portal Sr# 8o# 1 2 3 $ ) Duration >P->*-=>)L to L)->*-=>)L >)->Q-=>)L to L>->Q-=>)L >)-)>-=>)L to L)-)>-=>)L >)-))-=>)L to L>-))-=>)L >)-)=-=>)L to L>-)=-=>)L 8o# of eTran action ),>N,PQ> )L,I=,*QI L),>Q,>IN I),LL,L*) ),LI,*P,?)*

&s many as I>> Bistrict ,ourts have launche their websites, either of their own esign or evelo!e as !er the tem!late !rovi e by the /ro+ect. &s a !art of the ,hange 'anagement !rogramme, more than )I,>>> Uu icial $fficers have been traine in the use of 9buntu-<inu" $!erating System 1for their la!to!s2. #his has been achieve by training =)* +u icial officers from all over the country as 'aster #rainers in ifferent locations aroun the country. Similarly, more than I>>> ,ourt Staff have been traine in ,ase

%nformation Software as System & ministrators. #his has been achieve through training =)Q ,ourt Staff as ,%S 'aster #rainers 1Bistrict System & ministrators2 at the 'aharashtra Uu icial &ca emy an the ,han igarh Uu icial &ca emy. &n e"ercise has been initiate by requesting every High ,ourt to !rovi e a 9nique % entification Eumber 19%B2 to every Uu icial $fficer. #he 9%B will be !refi"e with two al!habets re!resenting the State, as for e"am!le with motor vehicles. #he !ro!ose time-line is L)st Becember, =>)L. #his information will be

u!loa e on the e-,ourts !ortal. #his will assist the High ,ourts in maintaining an accurate recor of all +u icial officers. *ha e II pro/ect &s a natural !henomenon, the +ourney covere so far with awareness about the goal!osts yet to reach an the miles yet to go has ma e the stakehol ers more im!atient to see the +ustice elivery system of the country o!timally transforme by way of mo ernization enable by information an communication technology, thereby necessitating an imme iate ne"t !hase of the e-,ourts !ro+ect which succee s the current !hase without any ga! of time or efforts an also carries forwar all !en encies, arrears an remain er resources of this !hase to the ne"t !hase.

#hus, an inevitable com!onent, a!art from the other com!onents state hereinafter, of /hase %% of the /ro+ect, will be to also serve as a com!lementary !hase to the current !hase by taking care of all the !en ing ob+ectives an targets of this !hase in itself with regar to the eliverables of /hase % for all the ,ourts covere an the ,ourts covere but not fully accom!lishe ue to time-lags or other o!erational issues etc. #he bu geting of /hase %% of the /ro+ect will have to be one accor ingly. #his roll-over com!onent will ensure a seamless transition of the /ro+ect to the ne"t !hase. Implementation @odel ."!erience has shown that ecentralization of res!onsibilities is absolutely

necessary. #his has also been agree to by the High ,ourts. ,onsequently, at the groun level, the im!lementing agency will be the High ,ourt. #his will inclu e im!lementation of <&E an !rocurement of har ware, its maintenance an u!kee!. #he !rocurement will be as !er the /rocurement an Finance 'o el given in this cha!ter. /olicy in!uts inclu ing for evelo!ing software 1$!en Source2 will be

!rovi e by the e-,ommitteeD technical an con ucive to o!timum ecentralization an

evelo!ment su!!ort for ,%S will be also effectively eliminate elays in

!rovi e by E%,. Financial isbursement arrangements will be so ma e which are !ro+ect im!lementation. /ro+ect 'onitoring 9nits 1/'9s2 will be set u! at e,ommittee an Be!artment of Uustice 1BoU2 to assist the e-,ommittee an the BoU in ay to ay monitoring of the /ro+ect. &ccurate an com!lete information regar ing the number an collecte location of courts an number of +u icial officers nee s to be imme iately. #he formula for !rovi ing com!uters for the courts an

la!to!s to +u icial officers will be base on &V courts an +u icial officers alrea y covere in !hase %D BV courts an +u icial officers not covere in !hase % ue to increase in numbers or any other reasonD ,V courts an +u icial officers that will come into e"istence till L)st 'arch, =>)?. #herefore, the total ,ourts an Uu icial $fficers to be covere will be & W B W ,. #he !ro+ect !erio for /hase %% will be L years with a res!ectively. &ll courts an court com!le"es 1ol an new2 must be i entifie at earliest. &n e"ercise is !resently un erway 1as a test2, with the assistance of a mobile a!!lication software ma e available by Beit5 on the lines of the a!!lication use by .lection ,ommission of %n ia 1use for booth locations an number2 to actually locate each court com!le" an the e"act number of courts available in that com!le". #his e"ercise is !ro!ose to be carrie out with the active assistance of the Bistrict Uu ges. #he !ro!ose time-line of com!letion is L)st 'arch =>)?. #he result of this e"ercise will be ma e available on the e-,ourts !ortal. &n overall formula for ascertaining the number of ,ourts to be covere by the /ro+ect is recommen e as followsC i. ii. & V ,ourts alrea y covere un er /hase % B V ,ourts not covere 4 left out in /hase % itional a equate su!!ort for sustenance after this !erio . 6arranty !erio an obsolescence for com!uter har ware will be taken as L years an N years

iii. iv.

, V ,ourts to be create

uring /hase %% of the /ro+ect u!to a cut-off ate.

#he cut-off ate referre above will not be earlier than two years of the uration of the /hase %% of L years that is if the /hase %% is to commence from )st &!ril, =>)I the ,ourts that may be create u!to L)st 'arch, =>)? will be the figure at , above. & tentative number as u!!er limit may be fi"e for these ,ourts un er category , kee!ing the target as !er the +u gment of the Hon(ble Su!reme ,ourt to ouble the +u ge strength in a !erio of five years. #aking the !resent strength of the Uu icial $fficers at aroun )?>>>, an the target of oubling the same in five years, ?I>> ,ourts can be e"!ecte to be create in ne"t two years that is the /ro+ect uration of the /hase %%. #hus, for the figures un er , category of ,ourts, the target number will be arrive at as ==I>> ,ourts. & !rovision for a ing more ,ourts than this figure, if create by L)st 'arch, =>)? will also have to be ma e in the bu get allocation.

v.

#he remain er of the har ware4<&E for the courts of figure & above will be calculate by e ucting the har ware4<&E !rovi e in /hase % from the har ware4<&E to be !rovi e in /hase %%. %f the har ware !rovi e to ,ourts 1un er category &2 is five or more years ol , the same will be consi ere obsolete an full har ware as to be given in /hase %%, will be !rovi e to the ,ourt. #he cut-off ate for calculating obsolescence of har ware will be the en of /ro+ect uration as referre above.

vi.

#he inclusion of ,ourts in ila!i ate 4rente buil ings will be consi ere with a yar stick of one year of uration of the ,ourt e"!ecte to be there in such buil ing. #hus the ,ourts which are e"!ecte buil ing in less than a year, will be consi ere to be shifte to new4other only after being shifte .

&nother !re-requisite for consi ering ,ourts in ila!i ate 4rente buil ings will be that on future shifting of such ,ourts from those !remises, the

e"!en iture of laying fresh <&E in the estination !remises will be borne by the High ,ourt 4 State -overnment. #he Uu icial Service cum ,entral Filing ,entre may have to be arrange in suitable make-shift !orta cabin.

In titutional Structure #he com!osition of the e-,ommittee generally remains the same. However, given the volume of work involve , one more regular member has been a e an the list of invitee members has been ma e more broa -base . #he e-,ommittee will be involve in !olicy !lanning an !rovi ing strategic irection an gui ance for the effective im!lementation of the /ro+ect. %n a of the /ro+ect an ition to its e"isting res!onsibilities, the BoU will continue to monitor an assist in the im!lementation will, a itionally, be res!onsible to convene .m!owere ,ommittee as an when require . #he High ,ourts will be the im!lementing agencies for the /ro+ect in res!ect of the areas un er its +uris iction. #he High ,ourts will have the assistance of the High ,ourt ,om!uter ,ommittee, ,entral /ro+ect ,oor inator, Bistrict ,ourt ,om!uter ,ommittees an a no al officer for each istrict. Infra tructure @odel .m!hasis will be on clou com!uting an therefore Server Rooms 1as at !resent2 will be re!lace by Eetwork Rooms. #he s!ecifications of these rooms will be eci e on the basis of the number of courts in the com!le". #o the e"tent !ossible, the e"isting Uu icial Service ,entres will be utilize as Rece!tion an %nquiry ,entres an also as ,entralize Filing ,entres. & itional har ware will be require for this !ur!ose. 'inimum har ware for a court room, for a court com!le" an for a +u icial officer is iscusse in this ,ha!ter. %t is !ro!ose to !rovi e for newly create courts, newly recruite +u icial officers an those courts an +u icial officers not covere in /hase %. $bsolete har ware has also been !rovi e for. #he calculation is base on the formula mentione in ,ha!ter = above. Future requirements base on the /ro+ect ocument have been !rovi e for to avoi any mi -stream shortfalls. Bis!lay monitors outsi e every ,ourt Room an in the Bar Rooms as Bis!lay Boar for litigants an lawyers are also

!rovi e for. ,om!uterization of the offices of Bistrict <egal Services &uthority 1B<S&2 an #aluka <egal Services ,ommittee 1#<S,2 has also been !rovi e for in this /hase of the /ro+ect. #he em!hasis in this /hase will be on clou com!uting, which is more efficient an cost effective. #he e"isting har ware, not necessary with clou com!uting will not be iscar e but utilize elsewhere or within the same court com!le". %t is !ro!ose that State Bata ,entres will be use for /rivate ,ourt ,lou s. Bisaster Recovery ,entres for these ,ourt ,lou s will also be nee e . ,onnectivity has been a !roblem in /hase % of the /ro+ect. #herefore, all resources will be utilize for better connectivity, inclu ing 6&E, S6&E, E%,E.#, EKE, E$FE etc. #his is im!ortant consi ering that vi eoconferencing will have greater em!hasis in this /hase. Be!en ence on !ower back-u! such as B- sets an 9/S will continue. %t is, however, also !ro!ose that solar energy may be utilize in court com!le"es wherever feasible.

Sy tem and +pplication oft&are for Court *roce e #he thrust in /hase %% of the /ro+ect will be on software a!!lications 1inclu ingmobile !hone a!!lications2 an ,ommittee will be the com!atibility an uniformity. $nly Free an will be citizen-centric. #he e$!en Source solutions will be eci ing agency for software a!!lications to ensure

im!lemente . #he e"isting core-!eri!hery mo el of ,ase %nformation Software will continue, the core being unifie an for Gnational7 use while the !eri!hery being as !er the local requirements of each High ,ourt. E%, /une will continue to be the centre for software evelo!ment for ,%S an relate a!!lications. .ach High ,ourt will have the res!onsibility of evelo!ing the !eri!hery software an ensuring that it is com!atible with the unifie core. .ach High ,ourt will nee to engage !rogrammers for the evelo!ment of the !eri!hery software. However, the /ro+ect will !rovi e !rogrammers to each High ,ourt for three years. Software

com!atibility an

intero!erability, both horizontal an

vertical is absolutely

necessary an all High ,ourts will nee to ensure this. Bocumentation will be ke!t !ro!erly so as to ensure that change of !ersonnel oes not ham!er software evelo!ment. &ll ata, inclu ing meta ata will be unifie an stan ar ize in this !hase. %n all its activities, the e-,ommittee will take the assistance of e"!erts from the -overnment, inclu ing Beit5, ,B&, etc. Scanning, Digiti6ation and Digital *re ervation of Ca e 7ecord Bue to s!ace constraints an large volumes of !a!er, some High ,ourts are looking at igitizing case recor s. Recently, the Su!reme ,ourt has also initiate this !rocess an assistance is being taken from ,B&, for igital !reservation solution. /hase %% will !rovi e for scanning4 igitization of case recor s of High ,ourt an Bistrict ,ourts./hase %% will incor!orate the latest technologies in scanning, igitizing an !reserving case recor s with the assistance of e"!erts from various -overnment organizations. <ong term igital !reservation solutions in the form of truste scanne 4 igitize encourage igital re!ositories will be im!lemente for the recor s. 9se of $!en Source technology will be strongly

in !reservation of case recor s. .ventually, /hase %% will move

towar s Gless !a!er courts7 an finally towar s G!a!erless courts7. <ideo=conferencing for Court and 9ail /resently, an e"ercise is being un ertaken to assess the viability of a software base solution for vi eo-conferencing. %f this solution is foun viable, it will be use to connect all istrict court com!le"es with all ,entral Uails an Bistrict Uails. Failing this, lease line connectivity with Stu io base J,s will be utilize . %n any event, connectivity issues will nee to be a resse an ma e reliable, stable an effective in all res!ects. Ji eo-conferencing in /hase %% will go beyon routine reman s an !ro uction of un er-trial !risoners. %t will be use initially for recor ing evi ence in sensitive cases an gra ually e"ten e to cover as many

ty!es of cases as !ossible. Ji eo-conferencing in /hase %% will be com!atible with recor ing facility. #o effectively assist in recor ing evi ence, a visualizer will also be necessary in all istrict court com!le"es. Capacity 0uilding @ea ure ,a!acity buil ing through training +u icial officers in the use of com!uters an court staff in the ,ase %nformation Software has been e"tremely successful. #he #raining of #rainers 1#o#2 mo el was a o!te . #his will continue in /hase %%. & itionally, refresher courses are !lanne every si" months so that +u icial in the ca!acity with a com!uter officers an staff o not lose familiarity with com!uter systems an the various a!!lications. &ll State Uu icial &ca emies will be involve buil ing e"ercise. .ach such &ca emy will be equi!!e ocument

laboratory catering to the requirement of about L> trainees at a time. Requisite staff will be engage by the State Uu icial &ca emy out of fun s from the /ro+ect. .ach State Uu icial &ca emy will be equi!!e with a vi eo conferencing unit for istance learning !ur!oses as well as for utilizing webcasting facilities of im!ortant lectures an events, both live an recor e . <earning 'anagement System has been successfully a o!te by the e-,ommittee to reach out to +u icial officers an court staff. State Uu icial &ca emies will be encourage to use these tools. &s a !art of the ,hange 'anagement e"ercise which has been con ucte for +u icial officers an court staff, worksho!s will be hel through /ro+ect fun s to assist in changing the min set of the Bar ,ouncils, lawyers, /ublic /rosecutors an other stake-hol ers in the +ustice elivery system.

9udicial *roce

7e=engineering

,urrently a !rocess re-engineering e"ercise is being un ertaken by every High ,ourt for a fresh look at !rocesses, !roce ures an systems. %t was e"!ecte to be

com!lete by L)st Uanuary, =>)I. #he e"ercise will have to be re!eate for ironing out the creases an intro uce also to incor!orate technological changes that will be in /hase %%. #he e"ercise may well be more or less continuous.

&utomation, e-filing of cases, !a!erless courts will nee ra ical changes in the !rocesses an !roce ures of the courts an also in the min set of all stakehol ers. #he changes require for effectuating the Uu icial /rocess Reengineering will be im!lemente in the new version of ,%S. ,hange 'anagement warrante by /rocess Reengineering will also be uly taken u!. 9udicial Ano&ledge @anagement Sy tem #he Su!reme ,ourt Uu ges <ibrary has successfully im!lemente an integrate free $!en Source a!!lication calle K$H&. #his is not only being use as an integrate library management system but also as a Bigital <ibrary. #his will be utilize in the libraries of all High ,ourts an Bistrict ,ourts across the country. Uu gments elivere by a High ,ourt or the Su!reme ,ourt will be ma e available through an in-house eUournal containing the +u gments an its hea notes. & set of !rogrammers will be require to evelo! the requisite software an a team of !rofessional lawyers an aca emics will be require to !re!are the hea notes. #he eUournal will be ma e available to all +u icial officers free of charge, resulting in a huge saving. #he Eational Uu icial Bata -ri 1EUB-2 will be strengthene to mine ata of all cases, eci e or !en ing. #his will enable !olicy !lanners an !olicy makers to manage case loa s an bring in effective case management systems. /hase %% will be a knowle ge intensive !hase of the /ro+ect involving intensive software centric activities. Service Delivery #he web resources will be e"tensively utilize in /hase %% of the /ro+ect. 6eb !ortals will be use for e-filingD websites will be use for issemination of information to litigants an lawyers. &ll websites will be ma e isable frien ly

an to the e"tent !ossible, information will also be available in the local language. 'obile !hone a!!lications, S'S an e-mail will be e"tensively use for issemination of information. Kiosks with basic !rinting facility will be !rovi e in every court com!le" 1 istrict an taluka2. ,ertifie co!ies of ocuments will be given online with bar co ing to avoi tam!ering. e/ayment gateways will be !rovi e for making e!osits, !ayment of court fees, fine etc. /ortfolio manage cause lists will be ma e available to facilitate a search of cases. EUB- will be further im!rovise to facilitate more qualitative information for ,ourts, -overnment an /ublic. &ll functionalities will be intero!erable an com!atible with the ,%S, both unifie core an !eri!hery. & <itigant7s ,harter of services has been !re!are an is given below. &s the /ro+ect !rogresses an technology evelo!s, necessary a <astly % have a itions will be ma e.

e +nneBure 1=II of the .-committee which briefly iscusses

the actions !lan in the #hree !hases of ?=Court *ro/ect .)

.-,ommittee, Su!reme ,ourt of %n ia :Policy And Action Plan Document Phase Ii Of The Ecourts Project; 1as a!!rove on *th Uanuary, =>)I2