#FactCheck - Viral image circulating on social media depicts a natural optical illusion from Epirus, Greece.

Introduction

The government has announced that the new criminal laws will come into force on 1st July 2024. The Union Government notified that three recently enacted criminal laws, viz. Bhartiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 will be effective from 1st July 2024.  The Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 have been replaced by these new criminal laws.

On 23 February 2024, the Ministry of Home Affairs Announced the Effective Date of new criminal laws as follows:

1. Bharatiya Nyaya Sanhita, 2023 Effective from 1-7-2024, except Section 106(2).
2. Bharatiya Sakshya Adhiniyam, 2023 Effective from 1-7-2024.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 The provisions will come into force on 1-7-2024 except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule.

Section 106(2) Will Not Be Enforced

Truckers protested against this provision, which provides 10 years imprisonment and fines for those who cause death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escape without reporting it to a police officer. As of now, the government has promised truckers and transporters that subsection 2 of Section 106 of Bharatiya Nyay Sanhita (BNS) will not come into force. This subsection deals with fatal hit-and-run cases and prescribes higher penalties for not informing authorities immediately after an accident. 

Section 106(2) of Bharatiya Nyaya Sanhita, 2023 read as follows;

106. Causing death by negligence.—

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of aterm which may extend to ten years, and shall also be liable to fine.

BHARATIYA SAKSHYA ADHINIYAM, 2023

The Bhartiya Sakshya Adhiniyam 2023 will replace the Indian Evidence Act 1872. The Act has undergone significant modification to maintain its fundamental principles for fair legal proceedings and adapt to technological advancements and changes in societal norms. This Act recognises electronic records as primary evidence under Section 57. It also allows the electronic presentation of oral evidence, enabling remote testimony and ensuring that electronic records will have the same legal effect as paper records.

Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the 1973 Code of Criminal Procedure, introducing certain modifications. This Act, under section 176, requires forensic investigation for crimes punished with seven years' imprisonment or more.  Section 530 of BNSS, 2023 is a newly inserted provision which envisages the use of electronic communication audio-video electronic means for trials, inquiries, proceedings, service and issuance of summons. Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of this Act. The concept of Zero FIR is also introduced under section 173(1) and mandates police stations to register the FIR, irrespective of jurisdiction.

Conclusion

India's new criminal laws are set to take effect on 1st July 2024. These laws modernise the country's legal framework, replacing outdated statutes and incorporating technological advancements. The concerns from stakeholders led to the withholding of enforcement of Section 106(2) of Bharatiya Nyaya Sanhita 2023. The new criminal laws aim to address contemporary society's complexities while upholding justice and fairness.

References

• https://www.indiatoday.in/india/video/new-criminal-laws-to-come-into-effect-from-july-1-2506664-2024-02-24
• https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/

‍

Introduction

There is a rising desire for artificial intelligence (AI) laws that limit threats to public safety and protect human rights while allowing for a flexible and inventive setting. Most AI policies prioritize the use of AI for the public good. The most compelling reason for AI innovation as a valid goal of public policy is its promise to enhance people's lives by assisting in the resolution of some of the world's most difficult difficulties and inefficiencies and to emerge as a transformational technology, similar to mobile computing. This blog explores the complex interplay between AI and internet governance from an Indian standpoint, examining the challenges, opportunities, and the necessity for a well-balanced approach.

Understanding Internet Governance

Before delving into an examination of their connection, let's establish a comprehensive grasp of Internet Governance. This entails the regulations, guidelines, and criteria that influence the global operation and management of the Internet. With the internet being a shared resource, governance becomes crucial to ensure its accessibility, security, and equitable distribution of benefits.

The Indian Digital Revolution

India has witnessed an unprecedented digital revolution, with a massive surge in internet users and a burgeoning tech ecosystem. The government's Digital India initiative has played a crucial role in fostering a technology-driven environment, making technology accessible to even the remotest corners of the country. As AI applications become increasingly integrated into various sectors, the need for a comprehensive framework to govern these technologies becomes apparent.

AI and Internet Governance Nexus

The intersection of AI and Internet governance raises several critical questions. How should data, the lifeblood of AI, be governed? What role does privacy play in the era of AI-driven applications? How can India strike a balance between fostering innovation and safeguarding against potential risks associated with AI?

• AI's Role in Internet Governance: 

Artificial Intelligence has emerged as a powerful force shaping the dynamics of the internet. From content moderation and cybersecurity to data analysis and personalized user experiences, AI plays a pivotal role in enhancing the efficiency and effectiveness of Internet governance mechanisms. Automated systems powered by AI algorithms are deployed to detect and respond to emerging threats, ensuring a safer online environment.

A comprehensive strategy for managing the interaction between AI and the internet is required to stimulate innovation while limiting hazards. Multistakeholder models including input from governments, industry, academia, and civil society are gaining appeal as viable tools for developing comprehensive and extensive governance frameworks.

The usefulness of multistakeholder governance stems from its adaptability and flexibility in requiring collaboration from players with a possible stake in an issue. Though flawed, this approach allows for flaws that may be remedied using knowledge-building pieces. As AI advances, this trait will become increasingly important in ensuring that all conceivable aspects are covered.

The Need for Adaptive Regulations

While AI's potential for good is essentially endless, so is its potential for damage - whether intentional or unintentional. The technology's highly disruptive nature needs a strong, human-led governance framework and rules that ensure it may be used in a positive and responsible manner. The fast emergence of GenAI, in particular, emphasizes the critical need for strong frameworks. Concerns about the usage of GenAI may enhance efforts to solve issues around digital governance and hasten the formation of risk management measures.

Several AI governance frameworks have been published throughout the world in recent years, with the goal of offering high-level guidelines for safe and trustworthy AI development. The OECD's "Principles on Artificial Intelligence" (OECD, 2019), the EU's "Ethics Guidelines for Trustworthy AI" (EU, 2019), and UNESCO's "Recommendations on the Ethics of Artificial Intelligence" (UNESCO, 2021) are among the multinational organizations that have released their own principles. However, the advancement of GenAI has resulted in additional recommendations, such as the OECD's newly released "G7 Hiroshima Process on Generative Artificial Intelligence" (OECD, 2023).

Several guidance documents and voluntary frameworks have emerged at the national level in recent years, including the "AI Risk Management Framework" from the United States National Institute of Standards and Technology (NIST), a voluntary guidance published in January 2023, and the White House's "Blueprint for an AI Bill of Rights," a set of high-level principles published in October 2022 (The White House, 2022). These voluntary policies and frameworks are frequently used as guidelines by regulators and policymakers all around the world. More than 60 nations in the Americas, Africa, Asia, and Europe had issued national AI strategies as of 2023 (Stanford University).

Conclusion

Monitoring AI will be one of the most daunting tasks confronting the international community in the next centuries. As vital as the need to govern AI is the need to regulate it appropriately. Current AI policy debates too often fall into a false dichotomy of progress versus doom (or geopolitical and economic benefits versus risk mitigation). Instead of thinking creatively, solutions all too often resemble paradigms for yesterday's problems. It is imperative that we foster a relationship that prioritizes innovation, ethical considerations, and inclusivity. Striking the right balance will empower us to harness the full potential of AI within the boundaries of responsible and transparent Internet Governance, ensuring a digital future that is secure, equitable, and beneficial for all.

References

1. The Key Policy Frameworks Governing AI in India - Access Partnership
2. AI in e-governance: A potential opportunity for India (indiaai.gov.in)
3. India and the Artificial Intelligence Revolution - Carnegie India - Carnegie Endowment for International Peace
4. Rise of AI in the Indian Economy (indiaai.gov.in)
5. The OECD Artificial Intelligence Policy Observatory - OECD.AI
6. Artificial Intelligence | UNESCO
7. Artificial intelligence | NIST

Introduction

The Online Lottery Scam involves a scammer reaching out through email, phone or SMS to inform you that you have won a significant amount of money in a lottery, instructing you to contact an agent at a specific phone number or email address that actually belongs to the fraudster. Once the agent is reached out to, the recipient will need to cover processing charges in order to claim the lottery reward. Upfront Paying is required in order to receive your reward. However, actual rewards come at no cost. Additionally, such defective 'offers’ often contain phishing attacks, tricking users into clicking on malicious links.  

Modus Operandi

The common lottery fraud starts with a message stating that the receiver has won a large lottery prize. These messages are frequently crafted to imitate official correspondence from reputable institutions, sweepstakes, or foreign administrations. The scammers request the receiver to give personal information like name, address, and banking details, or to make a payment for taxes, processing fees, or legal procedures. After the victim sends the money or discloses their personal details, the scammers may vanish or persist in requesting more payments for different reasons.

Tactics and Psychological Manipulation

These fraudulent techniques mostly rely on psychological manipulation to work. Fraudsters by persuading the victims create the fake sense of emergency that they must act quickly in order to get the lottery prize. Additionally, they prey on people's hopes for a better life by convincing them that this unanticipated gain has the power to change their destiny. Many people fall prey to the scam because they are driven by the desire to get wealthy and fail to recognize the warning indications. Additionally, fraudsters frequently use convincing language and fictitious documentation that appears authentic, hence users need to be extra cautious and recognise the early signs of such online fraudulent activities.

Festive Season and Uptick in Deceptive Online Scams

As the festive season begins, there is a surge in deceptive online scams that aim at targeting innocent internet users. A few examples of such scams include, free Navratri garba passes, quiz participation opportunities, coupons offering freebies, fake offers of cheap jewellery, counterfeit product sales, festival lotteries, fake lucky draws and charity appeals. Most of these scams are targeted to lure the victims for financial gain.

In 2023, CyberPeace released a research report on the Navratri festivities scam where we highlighted the ‘Tanishq iPhone 15 Gift’ scam which involved fraudsters posing as Tanishq, a well-known jewellery brand, and offering fake iPhone 15 as Navratri gifts. Victims were lured into clicking on malicious links. CyberPeace issued a detailed advisory within the report, highlighting that the public must exercise vigilance, scrutinise the legitimacy of such offers, and take precautionary measures to shield themselves from falling prey to such deceptive cyber schemes.

Preventive Measures for Lottery Scams

To avoid lottery scams ,users should avoid responding to messages or calls about fake lottery wins, verify the source of the lottery, maintain confidentiality by not sharing sensitive personal details, approach unexpected windfalls with scepticism, avoid upfront payment requests, and recognize manipulative tactics by scammers. Ignoring messages or calls about fake lottery wins is a smart move. Verifying the source and asking probing questions is also crucial. Users are also advisednot to click on such unsolicited links of lottery prizes received in emails or messages as such links can be phishing attempts. These best practices can help protect the victims against scammers who pressurise victims to act quickly that led them to fall prey to such scams.

Must-Know Tips to Prevent Lottery Scams

●     It is advised to steer clear of any communication that offers lotteries or giveaways, as these are often perceived as too good to be true.

●     It is advised to refrain from transferring money to individuals/entities who are unknown without verifying their identity and credibility.

●     If you have already given the fraudsters your bank account details, it is crucial to alert your bank immediately.

●     Report any such incidents on the National Cyber Crime Reporting Portal at cybercrime.gov.in or Cyber Crime Helpline Number 1930.

‍