INDIA Law and Practice Contributed by: Pravin Anand, Achuthan Sreekumar and Rohil Bansal, Anand and Anand
description for a term that may extend to three years, or with a fine (or both). • Cheating – Section 318(2) of the Bhartatiya Nyaya Sanhita, 2023, with imprisonment of either description for a term that may extend to three years, or with a fine (or both). • If the misappropriation is in violation of a con - tractual agreement, as per Section 316(2) of the Bhartatiya Nyaya Sanhita, 2023, one can claim criminal breach of trust, with imprison - ment of either description for a term that may extend to three years, or with a fine (or both). • If computer resources were involved in the misappropriation, this will also attract the provisions of the Information Technology Act, 2000: (a) Section 66B – punishment for dishonestly receiving stolen computer resources or communications devices, with imprison - ment of either description for a term that may extend to three years, or with a fine that may extend to INR1 lakh (or both); (b) Section 66D – punishment for cheating by personation using computer resources, with imprisonment of either description for a term that may extend to three years, and liability to a fine that may extend to INR1 lakh; and (c) Section 72 – penalty for breach of confi - dentiality and privacy, with imprisonment for a term that may extend to two years, or with a fine that may extend to INR1 lakh (or both). • Causing wrongful gain and wrongful loss. • Copyright infringement – Section 63 of the Copyright Act, 1957, with imprisonment for six months to three years, and with a fine of between INR50,000 and INR2 lakhs. The accused can adopt various defences as fol - lows, which may be nearly the same in both civil and criminal cases:
• that the information was not confidential or proprietary; • that the information was in the public domain; • absence of mens rea or criminal intent; and • absence of any fiduciary relationship demanding exercise of a duty of care. If aggrieved by lackadaisical police investigation, the claimant/complainant can approach the con - cerned magistrate seeking orders against the police under the provisions of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023. There are dedicated police departments for dealing with economic and cyber offences. 10. Alternative Dispute Resolution 10.1 Dispute Resolution Mechanisms In Bawa Masala Co v Bawa Masala Co Pvt Ltd, CS (OS) No 139 of 2002, the High Court of Delhi passed an order referring the parties to a panel of neutral evaluators. They were directed to go through the papers and consider each side’s position, and to render an evaluation of the case, thereby giving an unbiased understanding on the case’s strengths and weaknesses. One can apply for pre-litigation mediation before the Arbitration and Mediation Centre of the Delhi High Court under Section 12(A) of the Commercial Courts Act, 2015. Such proceed - ings are effective in cases with a high likelihood of settlement. Moreover, all discussions in such proceedings are confidential and are conducted without prejudice. In a contractual agreement that has an arbitra - tion clause, either party can seek interim orders under Section 9 and/or Section 17 of the Arbi - tration and Conciliation Act, 1996, in the event of a dispute.
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