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How to easily get Copyright Registration in India?

Copyright grants the author of the original material the exclusive right to use and reproduce it for a certain period of time until it becomes public. Copyright Protection exists for original works whose authorship is fixed in a tangible medium of expression that they can perceive, reproduce and communicate without the aid of a machine or a device. The copyright holder has exclusive rights to reproduce, distribute, perform, display, license, and prepare derivative works based on this Copyright.

In the event of a probable copyright infringement, the registration certificate of the Copyright and registered copyrights contained in the particular registered Copyright are considered admissible in court and serve as prima facie evidence. Formal registration of a copyright is not necessary in order to obtain protection, as the author is entitled to copyright protection under Indian law from the moment a work is produced in a tangible form. Copyright and other intellectual property rights do not require formal procedures such as protection for the author’s lifetime (up to sixty years).

Copyright subsists throughout India in the following classes of works:

– Original literary, dramatic, musical, and artistic works;

– Software and Computer programs:

– Cinematograph films; and

– Sound recordings.

However, Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots, or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright, a work must be original.

Without the explicit consent of the copyright owners, a fair deal for research, study, criticism, review, news reporting, and the use of works in libraries, schools, and legislatures is authorized under certain conditions. Some exclusions have been prescribed in respect of specific uses of copyrighted works in order to protect the interests of users. Some of the exemptions are the uses of the work.

1. for the purpose of research or private study,

2. for criticism or review,

3. for reporting current events,

4. in connection with a judicial proceeding,

5. performance by an amateur club or society if the performance is given to a non-paying audience, and

6. the making of sound recordings of literary, dramatic, or musical works under certain conditions.

  1. Name, Address & Nationality of the Candidate – ID proof
  2. 2 Copies of the work
  3. DD/IPO of Rs. (as applicable) per work
  4. NOC from author or publisher as applicable
  5. If the application is being filed through an attorney, a specific Power of
  6. Attorney in original duly signed by the applicant and accepted by the attorney

Please visit here for a more detailed list of essential documents.

Details information regarding Fee Details can be found here.

Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi, or his authorized dealers on payment. The procedure for registration is as follows:

1. Application:

– Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;

– Separate applications should be made for registration of each work;

– Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and

– The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. A power of attorney signed by the party and accepted by the advocate should also be enclosed.

At the end of this step, a diary number will be issued by the Registrar.

2. Examination:

Following the filing of the application, the application for Copyright Registration is examined. After the applicant receives their Diary Number, they must wait at least thirty days for the Copyright Examiner to consider their application. After the examination procedure is completed, the Copyright Registration process is divided into two parts:

A. When Objections are Raised:

If anybody objects to the applicant, a letter is given to both parties informing them of the objection, and they are called by the Registrar for a hearing. If the objection is denied during the hearing, the applicant may request an examination and the inconsistency procedure followed.

B. When No Objection Raised:

If no objections are raised by any party, the examiner approves the application to be examined and checked for any problems. If there are no discrepancies and all of the required documents are submitted with the application, the applicant may move to the following level or phase. However, if any differences are discovered, the applicant will receive a discrepancy letter. The applicant must answer, and the Registrar will hold a hearing based on the applicant’s response. After the disagreement is settled, the applicant is allowed to proceed to the following level. If the disagreement cannot be resolved, the application will be denied, and a note will be written to the applicant.

3. Registration:

This is the last step in the Copyright Registration process. Extra information and documentation may be requested by the Registrar. The Registrar will put the application details into the Copyright Register and issue a registration certificate if the Registrar is completely pleased with the applicant’s Copyright application.

copyright registration
  1. First visit this website here.
  2. Enter your valid User ID and Password to log in.
  3. Click onto NewUser Registration, if you have not yet registered.
  4. Note down User ID and Password for future use.
  5. After login, click on to link “Click for online Copyright Registration”.
  6. The online “Copyright Registration Form” is to be filled up in four steps
    • Complete the Form XIV, then press SAVE button to Save entered details, and press Step 2 to move to Next Step.
    • Signature to be scanned in 512 KB and kept ready for uploading.
    • Fillup the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4 to move to Next step
    • Fillup the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works, and then press SAVE button to Save entrered details, and press Step 4 to move to Next Step.
    • Make the payment through Internet Payment gateway
  7. After successful submission of the form, Diary Number will be generated (Please note it for future reference).
  • I. Artistic Work to be uploaded in pdf/jpg format.
  • II. Sound Recording Work to be uploaded in mp3 format.
  • III. Literary/Dramatic, Music and Software* Work to be uploaded in pdf format, less than 5 MB, keep ready.

*Pdf containing at least the first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.

Please take 1 hard copy (print) of “Acknowledgement Slip” and 1 hard copy (print) of “Copyright Registration Form”, and send it by post to

Copyright Division
Department For Promotion of Industry and Internal Trade
Ministry of Commerce and Industry
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka, New Delhi-110078
Email Address: copyright[at]nic[dot]in
Telephone No.: 011-28032496

#1 Central Vista Project: History and Development

Central Vista Project is a stretch of land between Rashtrapati Bhavan, at the top of Raisina Hill and India gate. And it was designed as the Capital of British India as the centre of administration, was inaugurated in 1931. It has Rashtrapati Bhavan, north and south blocks, national archives and India gate. Central Vista development project is intended to re-imagine the power corridor of India. The Union Minister of Housing and Urban Affairs proposed this project in 2019, though they were working from 2015 itself. The project contains four elements: 

  1. Construction of new parliament buildings.
  2. Construction of the new residence of Prime minister, vice president which will get ready by march 2022 and central Secretariat by March 2024
  3. Construction of the four-storey government offices
  4. Demolish existing buildings. 


December 1911, the capital of India was shifted from Calcutta to Delhi by King George V. Edwin Lutyens was given the task of constructing a new city, known for his European classism and Herbert Baker was an architect in South Africa.

Rashtrapati Bhavan was designed by Edwin Lutyens; Secretariat includes both north and south was build by Herbert Baker, and both Lutyens and Baker designed parliament house.

 The new parliament building is triangular with a capacity of 900 to 1200 members seating and symbolises self-reliance said by the Prime minister. The Interior building will have three national Symbols as a theme; Lok Sabha is a national bird peacock; Raj Sabha, the national flower lotus and the centre, is the national tree banyan.

The project was handed over to HCP design, planning and management Pvt. Ltd. Of Ahmedabad with a contract of nearly 230 crores. According to the government, neither public opinion nor consultation is mandatory, nor did it follow the proper process. If any redevelopment is necessary for heritage, it is the responsibility of the Heritage conservation committee to check building strength and addressing objections for practical reasons. According to the heritage, agenda demolition is not permissible.

Present Scenario

The crowd have put forward issues like whole Delhi is under lockdown due to surge of covid-19, whether this is time to pursue it, Central vista project is that necessary or it has been put under essential services? During normal circumstances and with economic growth, it would have been fair and welcomed, but it is hard-hitting at a present scenario where people are unable to make their ends meet. Instead of breaking the transmission cycle of the virus, hundreds of workers are bussed every day to complete it on time. Moreover, the lungs of Delhi, i.e. tress, will be demolished to make way for government buildings.

Many concerned citizens have drawn the attention of the apex court and Delhi high court by filing PIL, and approximately ten were filed. For instance, Rajeev Suri v the union of India filed a petition stating that using public land for construction violates Article 21 of the constitution. Court slammed the centre and asked to hold down construction work, but it allowed the stone laying ceremony for the new parliament building.

Even though a lot of critics and drawbacks of the project have come forward, the Hon’ble Supreme court in Jan 2021 permitted the project. However, the decision was not unanimous. It is a 2:1 verdict. Since then, not even Covid-19 second wave has been able to slow down the project, and it’s like in full swing where workers are on fire across Delhi for the completion of the 20,000 crore project, which should be getting ready by the time of 75th Independence-day.

One of the project’s most vocal opponents and Congress leader Rahul Gandhi termed the project as “criminal wastage” and was spot on environmental laws.

Urban Development Minister Hardeep Singh Puri has defended by saying, government project must go on instead of the pandemic, the life of the innocents are being ignored; Demand for a new parliament is an old one, but it is not suitable time to take forward the project; he says spendings are more on vaccines than the project, still remains scarcity; he points Congress party is also performing its prestige projects, it is not viable to say that one party is processing why not we, the ruling party must have responsibility. Centre told Delhi high court that PIL’s are just glitches they face from beginning by one or another pretext.

The Centre says the opposition is all baseless. The project benefits not only BJP leaders but also everyone on the political spectrum; stalling the project will be a burden. It just increases cost; it is also providing employment to thousands of workers amidst of pandemic.

The decision of redevelopment was taken in a hurry without adequate consultation. This lead to the allegation of transparency lacuna. But the government said this grand idea was from the beginning because infrastructure is inadequate to fulfil current demands. By the time of 2026, state-wise distribution of representatives will increase; offices’ locations at different places will lead to unnecessary travels and inter-departmental coordination is essential. Structural modification is needed because; it lacks safety measures such as earthquakes, inadequate office space.

Today we have BJP government, and tomorrow it may differ; it is not PM Modi’s property as such. Pandemic and all emergencies are inevitable, so one must learn to live with it, the current building is also almost a hundred years old; it’s just a transformative journey for betterment. The majority of citizens say that they would have postponed and revisited the matter later considering the situation. I hope this project will bring an extended trajectory of growth.  

Recent Judgement: 

PIL was filed by Anya Malhotra and Sohail Hashmi in Delhi High Court against ongoing work on Central Vista Project, stating that it is not an “essential activity” and should be suspended for the time being. A division bench consisting of Justice DN Patel and Justice Jyothi Singh observed that ongoing work is part of the project, which plays a vital role for national importance. Further added that workers are staying at the site, where all facilities are provided to them with Covid-19 protocols. 

High Court dismissed the petition calling it “motivated”, and imposed a fine of rupee 1 lakh.

Aggrieved by the order of the high court, Petitioner Anya Malhotra and Sohail Hashmi approach the apex court. Hon’ble Supreme court agreed with the decision of the High Court. It stated that the High Court’s observation of “motivated petition” was based on the fact that the petitioners selectively challenged one project. Petitioners did not make any assessment of how many other such projects were going on, and neither did the petition reflect concern about other projects except the central vista project.

This article is written by Vaishnavi.






Covid-19: Socio-Legal Implications

The world has faced many tragedies over time, but some of this had a lasting impact on society, such as the Great Plague of London (1665-1666), Russian plague (1770-1772), Philadelphia yellow fever epidemic (1793), Spanish Flu (1918- 1920), H1N1 Swine Flu pandemic (2009-2010), West African Ebola epidemic (2014-2016).

Today we are facing another pandemic known as Covid-19. This virus first came into the limelight when China confirmed the spread of the disease to the World Health Organization (WHO) on December 31st, 2019. The outbreak originated in the Wuhan City of China and subsequently spread to the rest of the world. WHO declared the outbreak of coronavirus as a Pandemic on March 11th, 2020. Since then, the pandemic has raised several intriguing concerns about global medical preparation to governments presumed unrestricted rights to limit the spread of the coronavirus and the Rights of citizens.

Impact Of Covid-19 On Fundamental Rights:

Everyone is affected by the COVID-19 epidemic. Governments had to take immediate action to halt its spread to protect public health and provide medical care to those who need it. They are trying to protect the human rights of health and life itself but at the cost of other Fundamental Rights such as Freedom of Movement of migrant workers. Covid 19 continues to affect social rights of access to education and healthcare.

Michael O’Flaherty, Director of the European Union (EU) Agency for Fundamental Rights, says we can save lives during pandemics without sacrificing Human Rights. It is not a zero-sum game. The more we respect human rights, the better will be our public health strategies.[1]

The analysis of provisions in the international covenant and guidelines issued by the EU or Venice Commission Report of 2020 all reveal that basic Human Rights cannot be curtailed under any circumstance because they form the very essence of our existence, democracy, and the rule of law.

Right To Health:

The relevance of the Right to health as a Fundamental Right (FR) in India is once again highlighted by Covid-19. If designated a Fundamental Right, the Right to health would cover a wide range of issues, including the Right to a sufficient amount of water, food, and nutrition and the Right to Know about and access knowledge about improved health options. In this case, the courts could also interpret and execute the Right under Articles 32 and 226 of the Constitution of India. It will be empowered to impose requirements and rules on both state and non-state actors and determine and attach duties to the Indian people. It will ensure transparency and accountability in the health industry. Not only that but with the declaration of the Right to health as a Fundamental Right, there will be a defined structure for fund allotment to the healthcare system. The government will consider and pay heed to the Supreme Court’s statement that financial difficulties cannot stand in the way of making medical facilities available to the people, as laid out in the landmark Navtej Singh Johar[2] decision. Thus, by enacting the much-anticipated National Health Policy, the legal and sociological, and psychological aspects of the health sector would be addressed.

Freedom of Movement:

It is reasonable to conclude in the light of the argument raised that the executive has the power to curtail the Fundamental Rights to a certain extent in the pandemic; however, the constitution and law are not just the tools for peacetime. This government has not yet endeavoured on this path. Nonetheless, if it does, the principle of necessity does not override the basic human and fundamental rights, which is axiomatic in the judgment delivered by the Kerala High Court on April 1st, 2020. In the case of Kerala High Court Advocates’ Association v. The State of Kerala and Ors.[3] the court held that the Fundamental Right of a citizen to move freely throughout the territory of India under Article 19(1)(d) and the Fundamental Right to life and personal liberty under Article 21 would be infringed in case a resident of Kerala is denied entry into Karnataka for availing medical treatment or is deprived of essential articles of food that are being transported into Kerala.

Jail and criminals:

As the High Courts are empowered in this regard, numerous High Courts in India have given parole to convicts who have not been convicted of a serious crime and have been imprisoned for less than seven years. However, if the offenders have been released and the lockdowns continue, this may have an impact on the bail provisions in the case. They will probably try to avoid arrest after the lockdown, and the prosecution, which is already dealing with the fallout from the lockdown, will have to bear the brunt of this new unjustified circumstance. At the same time, if these convicts are not given parole, it would violate their Right to health and life itself since prisons lack the proper medical facilities, and covid 19 can spread quickly in prison since they are overcrowded.

Unfettered Powers Presumed by The Government:

As the Covid-19 outbreak spreads, governments worldwide are taking extraordinary actions in the name of their offices. Few governments are using this for personal or political advantages. In Hungary, the approved Coronavirus Protection Bill gives Prime Minister Viktor Orbán the Right to rule by decree for an indefinite period of time.[4] In addition, another superpower, Russia, has issued a ruling allowing President Vladimir Putin to extend his tenure in office. In Serbia, President Aleksandar Vui declared a state of emergency without consulting the national assembly to secure broad powers to restrict human and minority rights. Pandemics frequently provide an opportunity for the administration to abuse their powers because they are not subject to oversight. This threat might range from undesired intrusion into one’s personal life to constitutional duties being superseded. In response, the Board of the EU-Russia Civil Society Forum has asked governments to defend essential democratic institutions and procedures that guarantee the rule of law in order to combat the pandemic.

On March 16th, 2020, UN Human Rights experts said, “emergency declarations based on the COVID-19 should not function as a cover for repressive action under the guise of protecting health.”[5]

Other legal Challenges:

“The legal establishment is “no longer at ease here, in the old dispensation” – it has witnessed the birth of new ways of doing things and the death of the old order.”

T. S. Eliot[6]

Documentary evidence:

Section 207, when read together with Section 294, mandates that the defendant be presented with all records preserved by the prosecution and that the defendant must either dispute or acknowledge the authenticity of each record. The Supreme Court concluded in Shamsher Singh v. State of Haryana, which dealt with Section 294, that it is required to check the truth of papers produced by either the prosecution or the defense. The question today is whether such authentication processes can be carried out over virtual proceedings, implying that digital record upload mechanisms are used. Softcopy records, on the other hand, frequently generate trust concerns because they may be easily corrupted without causing an iota of doubt.

Criminal Law:

Other legal implications can be seen in criminal matters, as sections 269 and 270 of the Indian Penal Code, 1860 (IPC) are invoked when problems related to the pandemic arise, and section 188 of the same code is attracted when the District Magistrate invokes section 144 of the Code of Criminal Procedure, 1973 (CrPC) on the direction of the State Government. “According to the Delhi Police, which has filed FIRs under the Delhi Police Act against 66,000 people for breaking the Coronavirus Lockdown. 3350 FIRs have been filed under IPC Section 188, and 10,000 vehicles have been impounded.” Though no action has yet been taken against the violators, section 195 of the CrPC may be the reason for this, as it prohibits the courts from taking direct cognizance of the matter unless the public servant concerned or another public servant to whom he is administratively subordinate files a complaint in writing.

Civil Law:

There are numerous legal ramifications of this epidemic, particularly in the commercial sector, where the “doctrine of Force Majeure” and “doctrine of frustration” may become focal points, as the former pertains to section 32 and the latter to section 56 of the Indian Contract Act, 1872. Because of this, courts may be confronted with a slew of cases following the lifting of the lockdown, and the government has the option of establishing special courts to deal with these types of matters.

Vulnerability of the witness:

The testimony of the witnesses serves as evidence for both the prosecution and the defense. In the State of Kerala v. Rasheed,[7] the Supreme Court ruled that it should be assured that the witness is free from the accused/complainant/prosecution’s influence and coercion. It would be difficult for a judge to maintain a free environment for the witness. Threatening or coercing witnesses is not uncommon in India; it could result in the suspect going free or an innocent person being convicted. The judiciary has yet to resolve this, which simply serves to exacerbate the problem by exposing the witness to undue influence.

Section 273 of CrPC mandates that the evidence must be recorded in the presence of the accused/defense counsel. The purpose of this section is to establish proper interaction between the prosecuting counsel and the witness or to decide if the witness behaves appropriately. An interaction of this nature lets the magistrate assess the operation of Section 28. Properly, in which the magistrate is expected to report the witness’s demeanor during the evidence process. If such interaction is conducted virtually, then physical behavior or the witness’s demeanor cannot be adequately analyzed.

Social Impact:

Domestic Violence:

Covid-19 fan the flames in the direction of Domestic Violence. The country, which did not have a clear statute for domestic violence until 2005, is now seeking to put out the fire. The outbreak prompted governments all across the world to adopt drastic measures, such as a complete lockdown. There was an immediate spike in domestic violence complaints following the lockdown.

According to Rekha Sharma, chief of the National Commission for Women, the atrocities and gender-based violence have materially augmented since the lockdown was announced. According to the NCW data, 25,886 complaints of crime against women have been received from April 2020, which includes 5,865 domestic violence complaints. Also, the NCW received the highest number of complaints against women in six years in 2020 at 23,722, with nearly one-fourth of them of domestic violence.[8] The rise in domestic abuse cases drew the attention of the United Nations, and Secretary-General António Guterres replied by encouraging “governments across countries to put women’s safety first as they confront the pandemic.”

Domestic violence directly affects the physical and mental health of a person involved, and the Right to Health covers these effects. Because the Right to life encompasses the Right to live in dignity and the Right to health, it falls under the purview of Article 21 of the Constitution of India. It was a foreseen consequence of the measure of home isolation, and governments should have addressed the issue sooner rather than later, as evidenced by the release of the Manuscript of the European Union Agency for Fundamental Rights, 2020, which discussed domestic violence as one of the pandemic’s aspects in the guidelines. Later on, countries began to establish helpline numbers in order to avoid misuse. However, in a country like India, where broken families are stigmatized, the fight appears unjustified. Recovering from the pandemic of domestic abuse in a country where patriarchy is in the people’s blood will be as difficult as recovering from the Covid-19 pandemic.


Once Covid 19 pandemic is over, the judiciary will be the hotspot of pending cases. Enforcement agencies that are already overburdened with the investigation work might find it difficult to enforce the court orders properly. The establishment of special courts to deal with cases according to their subject might help the judiciary to have speedy disposal of cases. Government must address the issues of domestic violence by establishing proper helplines or institutions like “Disha Centers,” which were established by the Andhra-Pradesh Government and improving medical facilities in places like prisons, so there is a safe place for the convicts and undertrial who are in judicial custody instead of granting parole to these offenders or accused. Government must rethink the Right to health and bring necessary amendments to civil and criminal law to deal with changing circumstances in society.

[1] European Union Agency for Fundamental Rights, protect human rights and public health in fighting COVID-19 (2021), https://fra.europa.eu/en/news/2020/protect-human-rights-and-public-health-fighting-covid-19 (last visited Jul 2, 2021).

[2]   W. P. (Crl.) No. 76 of 2016 D. No. 14961/2016.

[3]  Livelaw.in (2021), https://www.livelaw.in/pdf_upload/pdf_upload-372019.pdf (last visited Jul 2, 2021).

[4]   Hungary Ignores Calls for Respect of Human Rights – Civil Rights Defenders, Civil Rights Defenders (2021), https://crd.org/2020/04/07/hungary-ignores-calls-for-respect-of-human-rights (last visited Jul 2, 2021). 

[5] Human Rights Dimensions of COVID-19 Response, Human Rights Watch (2021), https://www.hrw.org/news/2020/03/19/human-rights-dimensions-covid-19-response (last visited Jul 2, 2021).

[6] T. S Eliot & E. McKnight Kauffer, Journey of the magi (1927).

[7]  State of Kerala v. Rasheed, (2019) 13 SCC 297

[8]  Akshaya Krishnakumar & Shankey Verma, Understanding Domestic Violence in India During COVID-19: a Routine Activity Approach, 16 Asian Journal of Criminology 19-35 (2021).

Patent: Does it promote or stifle innovation?

Innovation, according to economic research, is essential for economic development.[1] But, in terms of promoting or stifling Innovation, what role do patents play? It’s a never-ending debate with plenty of passionate viewpoints from legal experts, economists, entrepreneurs, and business titans, all of which are discussed here to help you understand the real issues. Patent: Does it promote or stifle innovation?

Patents have been used for decades. In fact, there is historical evidence that patent rights were granted and accepted in ancient Greece as early as 500 BCE. The Venetian Patent Statute of 1474, established in the Republic of Venice, was, however, the world’s first documented codified patent system. Despite the fact that this statue is nearly 550 years old, it still represents reality. However, simply accepting patents as a fundamental legal right does not answer the question of whether they promote or hinder innovation.

What is a patent?

A patent is an exclusive right given for an invention, which is a product or process that introduces a novel method of doing something or a novel technological solution to a problem. To obtain a patent, the inventor must reveal technical details about the invention in a patent application. In practice, the patent owner has the sole right to prohibit or restrict anyone from commercially using the patented invention. In other words, patent rights prevent anyone from commercially manufacturing, using, distributing, importing, or selling the invention without the patent owner’s permission.

A patent is a limited and relatively difficult to obtain the form of intellectual property, particularly in India. It can be awarded to an inventor:

  1. For invention or inventive achievement in the field of technology.
  2. For the production, production, modification, or improvement of the particular machine, article, or process for a particular end or purpose.
  3. For the improvement of any device in relation to any article.

How long is a patent? Patents are typically owned for 20 years (India), 40 years (Europe), or “the term of the grantee’s exclusive right to bring claims in patent infringement cases,” whichever expires first. Generally, however, they may last up to 20 years or expire at the end of the patent term, whichever is longer.

What is the role of patents in Innovation?

Should we anticipate a decline in Innovation if patents are not permitted to cover intellectual property? There is a school of thought that believes invention is largely a natural process and that innovators will always find the most effective way to improve it. As a result, patent protection is superfluous. Others, including the late Nobel laureate David Baltimore, believe that technology advances more quickly when patents are granted to spur Innovation, allowing innovators to reap the rewards. Both theories are unconvincing. What are the real factors that lead to Innovation? According to research published in the journal Science and Engineering Ethics, the most critical considerations are the consistency of ideas, adequate resources, and the use of the right people.

Over the last 50 years, economists have noticed that patents continue to promote ex-ante Innovation—that is because of the possibility of profiting from these innovations, they lead people to invent. In an environment characterized by cumulative or sequential Innovation, blocking patents result in patent rights overlap between sequential innovators, having a contrasting impact on R&D. On the one hand, conventional wisdom holds that stronger patent security strengthens the protection of existing inventions and increases their value to patent holders. On the other hand, a recent claim against patent protection asserts that stronger patent protection stifles Innovation by vesting current patent holders with excessive control, which they use to seize surplus from subsequent innovators rather than providing additional Innovation.[2]

Patent: Does it promote or stifle innovation?

Numerous studies support the argument that patents promote innovation, while others suggest the opposite. For example:

  1. In 2012, Dr. Ron D. Katznelson and Dr. John Howells examined the impact of Edison’s incandescent lamp patent (S. Patent No. 223,898). They concluded that the patent did not only stifle innovation but actually ‘stimulated downstream development,’ resulting in ‘new commercially significant technologies [including] tungsten lamp filaments and phosphorescent lighting. In turn, these innovations led to the fluorescent lamps of today.”[3]
  2. Although “no single piece of evidence” can be “viewed as dispositive,” Stanford University Professor Stephen Haber studied the topic and concluded that the weight of evidence from two very different bodies of scholarship, using very different approaches to evidence—one based on mastering the facts of history, the other based on statistical modeling—yields the same answer: there is a causal relationship between strong patents and innovation.[4]

Arguments Favouring Patent

  1. Patents honor and compensate inventors for commercially viable inventions. As such, they act as a motivator for inventors to innovate. With a patent, an inventor or small business should be certain that they will receive compensation for the time, effort, and money spent creating a technology. In a nutshell, this means they can support themselves through their jobs.
  2. The revenues generated by commercially effective patent-protected inventions enable the funding of additional technical research and development (R&D), increasing the likelihood that even better technology will become available in the future.
  3. When a new technology is introduced to the market, it benefits society as a whole – both directly because it will allow us to accomplish something previously impossible and indirectly through economic opportunities (business growth and employment).
  4. Possessing a patent also enhances a small business’s appeal to investors, who are critical in facilitating the commercialization of technology.
  5. The technological data and business intelligence developed during the patenting process will inspire new ideas and foster the development of new innovations that benefit everyone and may qualify for patent protection.[5]

Argument Against Patent

  1. For subsequent Innovation, transaction costs would be higher. Patent security can also stifle further Innovation, particularly when it restricts access to fundamental information, as is the case in emerging technical areas where Innovation is highly cumulative and patents protect foundational innovations. In this context, excessive protection for fundamental inventions can deter follow-on inventors if the holder of a patent for an important technology denies anyone fair access to the technology.[6][7]
  2. Temporary monopolies, which also have a long-term impact on networks Formation of cartels is a danger.
  3. Too little information: When an inventor obtains a patent, she is required to divulge the invention’s secret sauce in the patent, which is a public document. This enables scientists and engineers to gain knowledge about Innovation and use it to advance the technology. Uncertainty on when and to what extent published information is available under appropriate circumstances. 
    • This occurred with Edison. He was sued for patent infringement after developing a much superior conductor to the patentee’s – but the patent was written broadly enough to cover Edison’s invention.
Edison Electric Light Company
Figure 1 Edison Electric Light Company

4. According to economic research, legal costs and licensing fees burden creative companies to the point that the patent system, on average, discourages Innovation.[8]


“The patent system is broken,” writes Electronic Frontier Foundation founder John Gilmore for Reason.[9] “It hurts innovation and leaves Americans vulnerable to being deprived of the latest innovations simply because they don’t hold the rights to them.” As an economist who supports intellectual property rights, I think the key point to keep in mind is that while the legal structure of intellectual property rights determines who gets to benefit from the fruits of their labour, that’s not the same as the size and diversity of the benefits.

Research from my own and others has repeatedly found that, for the most part, patents are a very small, one-time cash cow. Predictably, with this conclusion in mind, some policy experts have argued for rethinking the patent system in light of the fact that patents don’t generally spur Innovation.[10]

References/ Citations

  1. Romer, Paul M. “The Origins of Endogenous Growth.” Journal of Economic Perspectives, vol. 8, no. 1, 1994, pp. 3–22.
  2. Boldrin, Michele, and David K. Levine. “The Case Against Patents.” 2012.
  3. Katznelson, Ron D., and John Howells. “Inventing-Around Edison’s Incandescent Lamp Patent: Evidence of Patentss Role in Stimulating Downstream Development and Competition.” SSRN Electronic Journal, 2013.
  4. Haber, Stephen. “Patents and the Wealth of Nations.” SSRN, 9 May 2016, papers.ssrn.com.
  5. Lévêque, François & Ménière, Yann. (2004). The Economics of Patents and Copyright. 
  6. Bar-Shalom A, Cook-Deegan R (2002). Patents and innovation in cancer therapeutics: Lessons from CellPro. The Milbank Quarterly, 2002, 80(4)637–676.
  7. Nuffield (2002). The ethics of patenting DNA, A discussion paper. London, Nuffield Council on Bioethics, July 2002 
  8. Bessen, James E. and Meurer, Michael J., The Direct Costs from NPE Disputes (June 28, 2012). 99 Cornell L. Rev. 387 (2014).
  9. Moss, Alex. “Patents.” Electronic Frontier Foundation, www.eff.org/issues/patents.
  10. Machlup, Fritz, and Edith Penrose. “The Patent Controversy in the Nineteenth Century.” The Journal of Economic History, vol. 10, no. 1, 1950, pp. 1–29. 

Kritesh Patel

Kritesh Patel

Final Year Law Student at NAGLS, Bengaluru.



I. Introduction

Cyber Crimes is a global phenomenon and is emerging as a challenge for national and economic security. Severe and new threats accompany the growth of the information society. Inventors of the Internet did not think about its bad behaviour. Nevertheless, human psychology’s criminal mentality started its misuse by using the Internet as a crime tool, which gave birth to “Cyber-crime,” and now the world faces a considerable challenge from these cybercriminals.

The internet world provides every user with all the required information with the fastest communication and sharing tool, making it the most valuable information source. With the numerous advancements in the Internet, crimes using the Internet have also widened their roots in all directions. However, the increased use of the Internet has posed a threat given the increasing number of cyber crimes.

Defining Cyber Crime

Cyber Crimes

The term “cyber-crimes” is not defined in any statute or rulebook. The word “cyber” is slang for anything relating to computers, information technology, the Internet, and virtual reality. Therefore, it stands to reason that “cyber-crimes” are offences relating to computers, information technology, the Internet, and virtual reality. Cybercrime can be defined as “any illegal activity that uses a computer as its primary means of commission. It is an offence that is committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to him.”

II. Cyber Crime & Women

The traditional Indian society places women in very high regard. The Vedas glorify women as the mother, the creator, and one who gives life and worships her as a Devi or Goddess. The women occupied a vital role. Her subjugation and mistreatment were looked upon as demeaning to the woman and the whole society. However, in modern times women are viewed and portrayed as sex objects; they are treated as inferior to men in various societal spheres and functions; this has created a vast gender bias between the men and women where even the men think that their wrongdoings towards women cannot be penalized.

cyber crimes against women

The expanding reach of computers and the Internet has made it easier for people to keep in touch across long distances. However, the means that enable the free flow of information and ideas over long distances also give rise to a worryingly high incidence of irresponsible behaviour. The vulnerability and safety of women are one of the biggest concerns of any criminal and penal law. However, unfortunately, women are still defenseless in cyberspace. Cybercrime against women is at an alarming stage, and it may pose a significant threat to a person’s security as a whole. There have been numerous reports of women receiving unsolicited emails in recent years, which often contain obscene and obnoxious language.

Every second, one woman in India gets tricked into being a victim of cyber crimes. The online platform is now the new platform where a woman’s dignity, privacy, and security are increasingly being challenged every moment. The cyber-world in itself has a virtual reality where anyone can hide or even fake his identity; this gift of the Internet is used by the criminally minded to commit wrongful acts and then hide under the blanket provided by the Internet.

India witnessed a growth of cyberc rimes and watched helplessly the perpetration of cybercrime against women in particular. Often the laws that were used to combat such crimes set a terrible example and confusion; women victims were hugely discouraged from reporting the crimes by peers; immediate media attention and the attitude of confused government reporting agencies made women victims more traumatized than they were due to cybercrime meted out to them.

III. Types of Cyber Crimes

There are three types of Cyber crimes-

A. Cybercrime against Person

Cyber crimes committed against a person include transmitting obscene messages and harassment of anyone using a computer such as an email, cyberbullying, and cyber-stalking.

B. Cybercrime against Property

The second category of Cyber crimes is crimes against organizations or all forms of property. These crimes include illegal and unauthorized computer trespassing and transmission of important and critical information outside the organization, leading to a significant loss.

C. Cybercrime against Government

The third category of Cyber crimes relates to against Government which includes Cyber Terrorism.

IV. Types of Cyber Crimes against Women

types of cyber crimes

Amongst the various cyber-crimes committed against individuals and society at large, crimes that are specifically targeting women are as follows:

1. Cyber Stalking

Cyber Stalking is one of the most widespread internet crimes in the modern world. The word Stalking means ‘pursuing stealthily.’ Cyber Stalking can be used interchangeably with online harassment and online abuse. It is the use of the Internet or other electronic means to stalk or harass a person. Cyber Stalking involves following a person’s movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails, etc.) The first conviction in a cyberstalking case against a woman in Maharashtra took place in July 2015 in Yogesh Prabhu v. State of Maharashtra.

2. Harassment via Emails

There is no doubt that email has become one of the most heavily used electronic tools of the last decade. Many people send and receive emails every day. Harassment on the Internet can take place in several ways. One form may include harassment through emails, includes blackmailing, threatening, bullying, constant sending of love letters with anonymous names, or regular sending of embarrassing emails to one’s mailbox.

3. Email spoofing

Email spoofing is a term used to describe fraudulent email activity in which the sender address and other parts of the email header are altered to appear as though the email originated from a different source; it is done by properties of the email, such as the From, Return-Path, and Reply-To fields, ill-intentioned users can make the email appear to be from someone other than the actual sender. Cybercriminals often use this method to extract personal information and intimate images from unsuspecting women. The most famous cyber spoofing case is Gujarat Ambuja’s Executive Case, wherein the perpetrator pretended to be a girl for cheating and blackmailing an Abu Dhabi-based NRI.

4. Cyber Defamation

The term defamation is used to define the injury caused to a person’s reputation in the eyes of a third person. Cyber defamation is the publishing of defamatory material against another person with computers or the Internet. The State of Tamil Nadu v. Suhas Katti is the case related to posting obscene, defamatory, and annoying messages about a divorcee woman in the yahoo message group. Emails were also forwarded to the victim for information by the accused through a false email account opened by him in the victim’s name. The message’s posting resulted in annoying phone calls to the lady in the belief that she was soliciting.

5. Cyber pornography

Searching Porn

It refers to the portrayal of sexual material on the web. Pornography is another threat to females on the Internet. They never know which action of theirs is being recorded and would later end up on the Internet. The DPS MMS Scandal is a very famous case where an MMS clip of a schoolgirl in a compromising situation was made and distributed amongst various internet networks.

A Swiss couple gathered slum children. It then forced them to appear for obscene photographs, which they took, and then uploaded those photographs to websites specially designed for pedophiles. The Mumbai police arrested the couples for pornography. The most recent example is the Delhi Metro CCTV footage leaks case where the CCTV recording couples getting intimate in metro stations and other public places. which police security cameras have recorded has been leaked on the Internet.

6. Morphing

Morphing is editing the original picture by an unauthorized user. When unauthorized users with fake identities download the victim’s pictures and then upload or reload them after editing, it is known as morphing. It was observed that female pictures are downloaded from websites by fake users and again reposted/uploaded on different websites by creating fake profiles after editing them.

The Air Force Balbharati School case of Delhi comes under this category where all his classmates teased a student of the School for having a pockmarked face. He was tired of the cruel jokes, decided to get back at his tormentors, scanned photographs of his classmates and teachers, morphed them with nude photographs, and put them up on a website that he uploaded on to a free web hosting service. The Father of a girl featured on the Website came to know about this and lodged a complaint with the police.

Although a comprehensive regulatory framework regarding laws governing cyberspace, particularly such acts is yet to be framed, there are specific legal provisions under various statutes that can aid a person who is a victim of cybercrime.

The Indian Penal Code, 1860

Before 2013, there was no law dealing with online harassment or crimes against women in cyberspace. The 2013 Criminal Amendment Act to the Indian Penal Code, 1860 by way of Section 354A to Section 354D

  1. Section 354A: A man committing any of the following acts – a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment, may be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. In the case of the first two and with imprisonment of either description for a term that may extend to one year, or with fine or both.
  2. Section 354C: It defines ‘Voyeurism’ as including the act of capturing the image of a woman engaging in a private act or disseminating said image without her consent. For the act to qualify as ‘Voyeurism,’ the circumstances must be such where the woman would “usually expect not being observed either by the perpetrator or by any other person at the behest of the perpetrator.” A person convicted under this section is liable to be punished with a fine and imprisonment up to three years on first conviction and seven years on subsequent convictions.
  3. Section 354D: It introduced a provision for Stalking, which also covers cyber Stalking. Stalking means an act where a man follows or contacts a woman, despite a clear indication of disinterest in such contact by the woman, or monitors the cyber activity or use of a woman’s Internet or electronic communication. A man committing the offence of Stalking would be liable for imprisonment up to three years for the first offence and shall also be liable to a fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.

Other than the specific amendments that have been made to the Code, there exist certain other provisions under which cyber crimes may be reported, or the accused may be charged. These are:-

  1. Section 499: To defame a person is to do an act with the intention of harming the reputation of the person. Defamation by the publication of visible representations of an imputation concerning the woman, when done with the intention to harm her reputation, is punishable with imprisonment for a term, which may extend to two years, or with a fine, or both.
  2. Section 503: Threats made to any person with an injury to her reputation, either to cause alarm to her or to make her change her course of action regarding anything she would otherwise do/not do, is punishable as criminal intimidation. The act of blackmailing a person on the Internet, as was done in the case mentioned above, can be brought within the ambit of this provision.
  3. Section 507: This provision provides the quantum of punishment for Criminal Intimidation when the same is a person whose identity is not known to the victim. Any anonymous communication, which amounts to criminal intimidation under Section 503 stated above, is punishable under this section.
  4. Section 509: Any person who utters any word or makes any sound or gesture, or exhibits any object with the intention that such word, sound or gesture or object be heard or seen by a woman and insult her modesty, or intrudes privacy, may be charged under this section and imprisoned for a term that may extend to 3 years and also with fine.  Instances of lewd comments or remarks made over the Internet or other explicit images and content forcibly shared over the web may be penalized under this section.

The Information Technology Act, 2000

  1. Section 66C of the IT Act: This section makes identity theft a punishable offence. This provision would cover instances of cyber hacking. Under this provision, whoever fraudulently or dishonestly make use of the electronic signature, password, or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
  2. Section 66E of the IT Act: This section deals with the violation of the privacy of a person. Capturing, publishing, or transmitting the image of a private area of any person without her consent, under the circumstances violating her privacy, is punishable with imprisonment, which may extend to three years and/or fine.
  3. Section 67 of the IT Act: This section prohibits and punishes with imprisonment extending up to three years and a fine for the first conviction and five years and fine upon a second conviction, the publication, transmission, and causing of transmission of obscene content. Obscene content has been defined in the same manner as in Section 292 of IPC, and therefore the test of obscenity is to be the same as under that provision
  4. Section 67A of the IT Act: This section makes the publication, transmission, or causing of transmission of sexually explicit material punishable with imprisonment extending up to five years and fine for the first conviction and to seven years and fine upon a second conviction.
  5. Section 67B of the IT Act: This section makes publication/transmission of sexually explicit content depicting children punishable.
  6. Section 67C of the IT Act: This section deals with an intermediary’s obligation to preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.

Indecent Representation Of Women (Prohibition) Bill, 2012

The Indecent Representation of Women (Prohibition) Act regulates and prohibits women’s indecent representation through the media of advertisements, publications, etc. The Indecent Representation of Women (Prohibition) Amendment Bill, 2012 seeks to broaden the scope of the law to cover the audio-visual media and content in electronic form, and distribution of material will also include distribution on the Internet and the portrayal of women over the web.

VI. Judicial Approach

Supreme Court of India

1. Ritu Kholi Case

Ritu Kohli Case was India’s first case of Cyber Stalking. In this case, Manish Kathuria was arrested by the New Delhi Police. He was stalking an Indian lady, Ms. Ritu Kohli, illegally chatting on the Website MIRC using her name, used obscene and obnoxious language, and distributed her residence telephone number, inviting people to chat with her on the phone. As a result, Ritu kept obscene calls from everywhere, and people promptly talked dirty with her.

2. Dr. L. Prakash v. Superintendent

In this case, the accused was an orthopedic surgeon who forced women to perform sexual acts and later upload and sell these videos as adult entertainment materials worldwide. He was charged under sections 506, 367, and 120-B of the IPC and Section 67 of the Information Technology Act, 2000. He was sentenced to life imprisonment and a pecuniary fine of Rupees ₹125,000 under the Immoral Trafficking (Prevention) Act, 1956.

3. State of Tamil Nadu v. Suhas Katti

In this case, the accused Katti posted obscene, defamatory messages about a divorced woman in the yahoo message group and advertised her as a solicit sex. This case is considered one of the first cases to be imprisonment of either description for a term that may extend to ten years and a fine, which may extend to two lakh rupees.

VII. Recommendations

Some remedies are suggested for the prevention of cyber-crimes, which are as follows:

  1. The increasing number of crimes against women is a huge concern for any state. However, cyber crimes make it even more challenging as criminals have the opportunity to create fake identities and then indulge in illegal activities. To counter this Government should make stricter laws to apply to the Internet Service Providers (ISP), as they alone have the complete record of all the data being accessed by anyone surfing on the net. ISPs should be made to report any suspicious activities that any individual is indulging in, which will help curb crimes in the nascent stage. 
  2. Legislation needs to make stricter regulations for cyber cafes, keeping a record of their customers who utilized their internet services. Often people go to cyber cafes to indulge in criminal activities so as their IP addresses are not revealed in any future investigation. This is another manner to mask identity. 
  3. People need to be cautious over which parts of their daily lives are being recorded by cameras & should act modestly in such times. Awareness over cyberculture and its back draws also need to be improved amongst people. People need to be made aware of their rights, and studies show that many internet users in India have no knowledge of their rights in such matters. 

Email spoofing is possible because Simple Mail Transfer Protocol (SMTP), the primary protocol used in sending email, does not allow an authentication mechanism. Although an SMTP service extension allows an SMTP client to negotiate a security level with a mail server, this precaution is not always taken. So women should take precautions and always add the SMTP service extension with the SMTP client.

VIII. Conclusion

Cybercrime has emerged as a significant challenge for law enforcement agencies in the country. These crimes will go down only when legal steps are accompanied by awareness drives to bring about a shift in society’s mentality at large. It is essential to acknowledge that the law does not have the potential to provide all solutions to cyber crimes against women in India. Women should be trained to take preventive measures, such as caution in posting them and their loved ones’ photographs and video clips online, caution in communicating with strangers online, and protecting passwords and other vital information that may compromise the woman’s security and privacy.


  1. Rajat Misra, Cyber Crime Against Women (November 18, 2019), https://ssrn.com/abstract=2486125.
  2. Dhruti M Kapadia, Cyber Crimes against Women and Laws In India.
  3. Debarati Halder, K. Jaishankar, Cyber Crime and the Victimization of Women: Laws, Rights, and Regulations. (1st ed. IGI Global, 2011).
  4. Nidhi Agarwal & Dr. Neeraj Kasuhik, Cyber Crimes Against Women, GJRIM Vol.4, No.1, 38 (2014).
  5. Prasanto K Roy, Why online harassment goes unpunished in India, 17 July 2015, http://www.bbc.com/news/world-asia-india- 33532706.
  6. India Forensic, Case of Cyber Extortion, (November 18, 2019) http://www.indiaforensic.com/cyberextortion.htm 
  7. Naavi, Chennai Cyber Crime Cell gets its first case in record time, (November 18, 2019)
  8. DPS MMS Scandal, (November 18, 2019) http://en.wikipedia.org/wiki/DPS_MMS_Scandal
  9. G. Rathinasabapathy and L. Rajendran, Cyber Crimes and Information Frauds: Emerging Challenges For LIS Professionals, Conference on Recent Advances in Science & Technology (2007).
  10. Cyber Crimes Involving Morphed PhotosRising, The Times of India, June 29, 2015.
  11. Abhimanyu Behera, Cyber Crimes and Law In India,” XXXI, IJCC 19 (2010). 13 IT Act, 2000.
  12. IT Act (Amendment) 2008 Section 67(A) (B) (C).
  13. Dr. L. Prakash v. Superintendent (Madras High Court, W.P. 7313, 2002).
  14. Tamil Nadu v.SuhasKutt, 4680 of 2004 Criminal Complaint.

What is Cyber Crime?

Any illegal activity that uses a computer as its primary means of commission. It is an offence that is committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to him.

What are the types of Cyber Crimes?

Three types of Cyber crimes-

  1. Cybercrime against Person
  2. Cybercrime against Property
  3. Cybercrime against Government

What is Cyber Stalking?

Stalking means ‘pursuing stealthily.’ Cyber Stalking can be used interchangeably with online harassment and online abuse. It is the use of the Internet or other electronic means to stalk or harass a person. Cyber Stalking involves following a person’s movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat rooms frequented by the victim, constantly bombarding the victim with emails, etc.).

Which IPC sections are inserted due to increasing cyber crimes?

Following IPC Sections are enacted in view of cyber crimes:-

  • 354A:- Sexual harassment and punishment for sexual harassment.
  • 354C:- Voyeurism
  • 354D:- Stalking

What is the purpose behind the Indecent Representation Of Women (Prohibition) Bill, 2012?

The Indecent Representation of Women (Prohibition) Act regulates and prohibits women’s indecent representation through the media of advertisements, publications, etc. The Indecent Representation of Women (Prohibition) Amendment Bill, 2012 seeks to broaden the scope of the law to cover the audio-visual media and content in electronic form, and distribution of material will also include distribution on the Internet and the portrayal of women over the web.

Which are the popular cybercrime cases against Women?

Following are the famous cybercrime cases against Women in India:-

  • Ritu Kholi Case

Ritu Kohli Case was India’s first case of Cyber Stalking. In this case, Manish Kathuria was arrested by the New Delhi Police. He was stalking an Indian lady, Ms. Ritu Kohli, illegally chatting on the Website MIRC using her name, used obscene and obnoxious language, and distributed her residence telephone number, inviting people to chat with her on the phone. As a result, Ritu kept obscene calls from everywhere, and people promptly talked dirty with her.

  • Dr. L. Prakash v. Superintendent

In this case, the accused was an orthopedic surgeon who forced women to perform sexual acts and later upload and sell these videos as adult entertainment materials worldwide. He was charged under sections 506, 367, and 120-B of the IPC and Section 67 of the Information Technology Act, 2000. He was sentenced to life imprisonment and a pecuniary fine of Rupees ₹125,000 under the Immoral Trafficking (Prevention) Act, 1956.

  • State of Tamil Nadu v. Suhas Katti

In this case, the accused Katti posted obscene, defamatory messages about a divorced woman in the yahoo message group and advertised her as a solicit sex. This case is considered one of the first cases to be imprisonment of either description for a term that may extend to ten years and a fine, which may extend to two lakh rupees.

The backlog of Cases in India

Reasons of largest case backlogs in India

While India is considered to become one of the major superpowers in the upcoming decade and with having more than 65% of the youth population in the country[1]. It is believed that India will be a hub to supply manpower all over the world[2]. While these news are praiseworthy but the ground reality presents a different picture of our socio-economic and political situation.