Risk Return Trade off in BPOs

India is embarking on a major review of the Information Technology Act which was passed with effect from October 17, 2000. Recent frauds of the Delhi MMS case and Gurgaon BPO Cases have increased the demand from the media for "Stricter IT Laws". In this scenario, Naavi.org is presenting a series of suggestions for the consideration of the MCIT while addressing the amendments and request comments from the public so that the Ministry will have the benefit of an opportunity to consider the public views in this regard.

Spam	Squatting	Terrorism	Data Protection	CRAT	Hacking	Stalking	Abuse
Interception	CRAC	Secured DS	Marriage	Civil Liabilities for all offences	Enhancing Civil Liabilities	Miscellaneous	.

Suggestion VIII: Abuse of Powers:

Section 80 of the Act provides powers to certain enforcement officers including non Police officers of State or Central Government to arrest any person and search and seize any property in public place on the grounds that in his opinion, an offence has been committed or is being committed or is about to be committed. Provision to prevent abuse of this provision is required and therefore the following suggestion is being made.

After Section 80, a sub section (4) may be added as to the effect that “Any officer who takes action under this section to arrest or seize property without sufficient justification shall be punishable with an imprisonment of 6 months or a fine of RS 1 lakh or both”

(Comments welcome)

Naavi

July 5, 2005

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