Naavi.org

The Janvishwas Bill amendment Act 2023 was gazette notified yesterday. This contains many amendments to ITA 2000 which had been provisionally incorporated in the copy of ITA 2000 which is available on this website.

Now they may be considered as finalized amendments.

The copy of the Act is available here

List of Amendments to ITA 2000

Section 33: Failure to Surrender of CA license which has been revoked: Penalty of Rs 5 lakhs. No Imprisonment

Section 44: Penalty for failure to furnish information, return etc penalties increased

a) From 1.50 lakhs to 15 lakhs for not furnishing the required document

b) from Rs 5000/- to Rs 50000/- per day for not submitting returns

c) from 10000/ to Rs 1 lakh for not maintaining books

Section 45: Residuary Penalty increased from Rs 25000/- to Rs 1 lakh and compensation increased from Rs 25000/- to Rs 1 lakh for an individual and Rs 10 lakh for an Intermediary or company

Section 46: “Under this Chapter” changed to “Under this Act” and the word “injury” removed

Section 67C: Penalty up to Rs 25 lakhs from and no imprisonment.

Section 68: Penalty increased to Rs 25 lakhs and imprisonment removed

Section 69B: Imprisonment reduced from 3 years to 1 year and Fine increased to Rs 1 crore

Section 70B: Penalty raised from Rs 1 lakh to Rs 1 crore

Section 72: Penalty increased to Rs 5 lakhs, Imprisonment term removed

Section 72A: Penalty increased to Rs 25 lakhs, Imprisonment removed

Naavi

At FDPPI, the Foundation of Data Protection Day of India, it is proposed to recognize August 11 as the Data Protection Day of India.

This will supplement 17th October which is the Digital Society Day of India.

Naavi

It is observed that on 11th August 2023, Presidential Assent was given to the DPDPA 2023 which has now become a full fledged Act.

The Gazette Version of the Act is available here:

Naavi

In what could be considered as a major overhaul of the Indian Legal system, the Government has released draft revised bills to replace IPC, CrPc and IEA.

The new versions will be as follows:

Indian Penal Code : The Bharatiya Nyaaya Sanhita 2023

Criminal Procedure Code: Bharatiya Nagarik suraksha Sanhita, 2023

Indian Evidence Act: The Bharatiya Sakshya Bill 2023

We were getting ready for the new DPDP 2023 along with Digital India Act and the Telecom Bill. Now it would be a huge challenge to the legal industry as well as the Judiciary to adopt to the new laws.

Probably the senior judges would say…Oh… we cannot go back to colleges once again…. . Opposition may say this is a conspiracy to weaken our judiciary.

Naavi.org however is happy at the initiative. The archaic British time laws needed change. At present we have not studied the changes and in the tsunami of things that we need to address because of DPDPA 2023, it could take some time for us to start studying these laws.

It is however exciting times ahead as the young lawyers will feel they are now ready to compete with the senior lawyers in terms of knowledge. The precedence based jurisprudence may find an end and lawyers and judges need to scratch their brains to find solutions to disputes.

Naavi

When Information Technology Bill was notified with effect from 17th October 2000, Naavi.org/Cyber Law College declared 17th October 2000 as the Digital Society Day to mark the day when legal recognition was first made available in India to electronic documents. Since then Naavi has been conducting some events on 17th October each year to celebrate the event.

In a similar vein Naavi in association with Foundation of Data Protection Professionals in India (FDPPI) along with Manipal Law School is now celebrating “Data Protection Day of India” to commemorate the passage of one of the most awaited laws in India namely the Digital Personal Data Protection Act 2023.

The Act was passed in Loksabha on 7th August and Rajyasabha on 9th August and is expected to get the consent of the President before the Independence Day. It is anticipated that the Presidential assent would be provided on 14th August 2023.

Simultaneously FDPPI has declared a “DPDPA Carnival” starting with immediate effect till the end of August 31 and would conduct many outreach programs on DPDPB 2023 to different organizations.

Some of the events already finalized are

1. 11/8/2023 to a group of one of the large Consultancy firm in India
2. 12/8/2023 to a group of Cyber Law Students
3. 13/8/2023 to a group of Technology professionals
4. 2o/8/2023 for publication in a national media house
5. 22/8/2023 for a group of industry professionals in Bengaluru
6. 24/8/2023 for a group of professionals in Chennai

Additionally a few more are in the final stages of finalization. More details will be shared in due course.

The fortnight is truly sparkling with activities in spreading the information about the new law across India. FDPPI is proud that it has also encouraged many other professionals to conduct similar events in different places and unlike in the previous occasions there will be no dearth of awareness building activities for this act.

Naavi

Rajyasabha has passed the Digital Personal Data Protection Bill 2023 which was passed by Loksabha on 7th August 2023 was passed in Rajyasabha today the 9th August 2023.

With this, the Bill is now an Act and will go to President for assent.

Naavi