PGDCLCF has started in the academic year 2013-14.
With the availability of easy access to the Internet facility, a world of change is experienced in the field of business & commerce and also in the means of communication throughout the world. Business transactions of both government as well as private sectors, including banking transactions are conducted with the use of this technology today. This has fastened, widened as well as increased the quality of transactions thus making it beneficial to all – government or private service providers, traders, agents, consumers and other beneficiaries. The system of e-governance and e-commerce has taken its roots in the country and is fast expanding its ambit to different sectors.
While the technological developments in the field cited above go ahead at a fast pace, the fact remains that a congenial legal environment is mandatory to extend legal support to the developments on the technical front. The Government of India has, on the anvil, passed number of laws to provide the legal environment in which e-commerce and e-banking transactions can take Place; so much so, when any dispute arises in such transactions, there would be legal remedies readily available. The first step in this direction is the enactment of the Information Technical Act 2000, which came into force from 17th October 2000. This Act accords legal status to Electronic records through Digital Signatures and empowers Certifying Authorities to issue Digital Signatures Certificates. The Act provides for a Cyber Appellate Tribunal as the appellate authority. In addition there are many more special laws to deal with the issue of use and abuse of cyber technology.
We hence require educational programmes coupled with awareness programmes and training of the stakeholders for constant up-gradation of their skills is likely to contribute to the appreciation of the information gathering and translate the same into the legal format so that they can understand and appreciate them better.
In this regard, the National Law School of India University (NLSIU) through its Advanced Centre for Research, Development and Training in Cyber Laws & Forensics has taken up the task of creating awareness and providing training to judicial officers, public prosecutors, investigative agencies, cyber security personnel, law teachers, students and general public, with better law enforcement objectives. The Centre undertakes interdisciplinary research in the area of cyber laws and technology so as to identify the methods and means of further developing or strengthening the effectiveness of existing laws, institutional structures and constantly train the end users on preventive, detective, investigating and adjudicating reforms so as to minimize the crimes committed over internet.
The Centre also provides dependable and timely cyber laws and forensics related training services to public and private institutions as well as individuals. With a view to cater these objectives and contribute towards the expansion of specialized knowledge and skill in this domain, especially to the stakeholders involved in the domain of cyber security as well as to the people interested in learning legal as well as technical aspects of cyber security, a Post Graduate Diploma in Cyber Laws & Forensics through the distance education mode is initiated.
The subjects prescribed for the course shall be as follows:-
PAPER I: INTRODUCTION TO LAW AND LEGAL SYSTEM
Objective of the Paper:
This paper attempts to introduce the scholar to the basic understanding of law and its legal system. This provides a scholar an opportunity to equip with the understanding of law, various theories about law, its sources and the functionality of legal system in India. This paper gives a bird eye view about various organs of Government, i.e. Legislature, Executive and the Judiciary. Different classification of law, like civil and criminal, substantive and procedural, public and private, makes the reader get an insight to the legal system and its operation. Constitutional study of the legal system and its governance is the main focus with the available Constitutional remedies as fundamental right. An introduction to basic law like Law of torts, Contract Law, Property Law and criminal law-provides the scholar with a background to the study of law in India, while the Unit on International law provides an understanding of international legal regime as applicable to India.
1. UNDERSTANDING LAW AND LEGAL SYSTEM IN GENERAL
Introduction to Law: Different ‘theories’ about law - Pure Theory of Law - Natural Law Theory - Traditional Natural Law Theory -Second Kind of Natural Law -Introduction to legal system
2. LEGAL SYSTEM
Understanding Legal System, Various organs of legal system -Law making organ -Institutions entrusted with execution of law; Institutions connected with adjudication & rule governing adjudication - Law Enforcement in India -Central Armed Police Forces -Central Investigation and Intelligence Institutions - Central Forensic Institutions
3. HOW TO FIND APPROPRIATE LAW ?
Sources of Law; Legislation, Delegated Legislation, Ordinances, Judicial Decisions and Precedent, Constitutional Law, Custom as Source of Law, Contracts as Law, Equity – Standards of Justice and Good Conscience, Classification of Law – Civil and Criminal Law – Substantive and Procedural Laws – Public and Private Laws.
4. THE INDIAN LEGAL SYSTEM
What is a ‘Constitution’? ; Evolution in the Models of Constitution, Constitution and Constitutional Law, Constitution as the supreme law of the Land, Evolution of the Constitution ; The Nature of the Indian Constitution ; Salient Features of the Indian Constitution ; Longest written constitution – Federal Structure – Parliamentary form of Government – Unique blend of rigidity and flexibility – Democratic Republic – Fundamental Rights – Directive Principles of State Policy – Fundamental Duties – Secular State – An Independent Judiciary – Adult Sufferage; Basic structure of the Constitution, Citizenship; Fundamental Rights; Right to Equity- Right to Freedom – Rights against Exploitation – Right to Freedom of Religion – Cultural and Educational Rights – Right to Constitutional Remedies – Mandamus – Quo Warranto – Certiorari – Prohibition – Habeas Corpus ; Directive Principles of state Policy; Directive Principles v Fundamental Rights; Structure of Government ; Powers of the president ; Executive Powers, Military Powers, Diplomatic Powers, Financial Powers, Legislative Powers, Ordinance Making Power, Pardoning Power, Emergency Powers, Courts of Law, Jurisdiction and Re-organization of Courts; Tribunals under the Constitution.
5. FEW REPRESENTATIVE LAWS
Law of Torts; Essentials of a tort, Act or Omission, Legal Damage; Mental Element in Tortious Liability; principles of Liability, Fault Based Liability, Vicarious Liability, Negligence, Strict liability, Absolute liability; General Defences to Tortious Claims Hand Book on Distance Education Programmes
6. LAW OF CONTRACT
Principles of Contract; Few essential terminologies; Agreements and Contracts: Difference and Relationship; Essential Elements for the Construction of the Contract; Offer – Acceptance – Consideration; Law Relating to Performance of a Contract.
7. CRIMINAL LAW
Crime and Criminal Law; Criminology, Criminal Policy, Criminal Law; Principles of Criminal Liability, Mala in se and Mala Prohibita, Actus Reus, Intention, Motive, Knowledge, Foresight of the consequences.
8. LAW OF PROPERTY
Nature of Property; Possession of land, Classification of property; Interests – Easements; Modes of holding ownership; Intellectual Property Rights; Patents, Copyrights, Industrial Designs, Trademark
What is International Law? ; Nature of International Law ; What are the sources of International Law; Custom, Treaties, General Principles of Law Recognised by the Civilized Nations, Judicial Decisions, Juristic Works, Equity, Resolution of the General Assembly; Few important International Organization; Public Interest Litigation; Judicial Activism; Alternate Dispute Resolution Mechanism; Adjudication; Civil Adjudication, Criminal Adjudication, Constitutional Adjudication.
PAPER 2 - CYBER TECHNOLOGY, CYBER WRONGS
& CYBER LAWS
1. Fundamentals of Digital/Computing & Communications Devices.
2. Introduction to Advancements In Digital Technology.
3. Cybercrimes – Technical Perspective.
4. Technical Aspects of Current Cyber Security Threats.
5. Cybercrimes and Legal Perspectives.
6. Cyber Civil Wrongs and Legal Aspects.
7. Cyber Judicial System and Other Institutional Framework.
8. Growing Concerns Relating To Cyber Space and Cyber Technology - Including Sociological and Psychological Aspects of Cyber Space, Freedom and Other Rights of Users of Cyber Space, Etc.
PAPER 3 - LAW OF CYBER CRIMES AND CYBER
1. Investigation of Cybercrimes – Indian Law Framework.
2. Jurisdiction on Cyber Space.
3. Internet Intermediaries And Legal Aspects.
4. Digital Evidence: Technical Perspectives.
- Types of Digital Evidence,
- Principles of Cyber Forensics,
- Stages of Forensic Examination,
- Evidentiary Aspects of Hard Disc Analysis
5. Cyber Forensics – Evidentiary Aspects From Technical Perspective,
- Analysis of Hand Held Devices, IOT/Embedded Forensics,
- CDR Analysis,
- Network Forensics,
- Malware Analysis,
6. Legal Aspects of Digital Evidence.
7. Legal Aspects of Cyber Forensics.
8. International Approach Towards Legally Regulating Cyber Space with Emphasis Upon Selected Regional And National Approaches.
PAPER IV - LEGAL ASPECTS OF CYBER SPACE
1. Law Relating to Digital Contracts
- Types of Digital Contracts,
- Legal Aspects and Case Laws,
2. Techno Legal Aspects of Digital and Electronic Signatures.
3. E-Commerce And Legal Issues.
4. E-Governance And Legal Aspects.
5. Intellectual Property Rights On Cyber Space And Relating to Cyber Technology.
6. Privacy And Data Protection On Cyber Space.
7. Legal Issues Of E-Banking And Digital Payment System.
8. Cyber Law Compliance Relating Issues In Industries.
NOTE: - The list of topics are provided in the hand book sent to you along with the study materials. The topics provided in the hand book are purely suggestive. The students could either improvise on the given topics or formulate a new topic of their own. In such case, the students are required to inform the department for validity of the topic before undertaking any substantive research work.* If the student is selecting any one of the topic provided in the hand book, then the student need not write to the department.
You need to submit one copy of the dissertation in spiral bound form.
Dissertation should be enclosed along with filled in examination application form within the dates notified in the examination schedule.
In any case if the student is not able to submit the dissertation for the said examination, it can be submitted any time during the course of study (which is 1+2)*, for any of the subsequent examination. As and when the candidate clears all the five papers, the degree of diploma will be awarded.
* Post Graduate Diploma is a 1 year course. Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond one academic year because of his/her non-fulfilment of the prescribed requirements for the award of the degree, he/she will be permitted to continue for the subsequent two academic years by paying a continuation fee as prescribed for each year. At the end of the third academic year if the candidate fails to fulfil all the requirements for the award of the degree, the admission stands automatically cancelled.
NOTE: Students will have to seek approval of a New Topic other than those mentioned in the Handbook within three months prior to the date of the Examination.