Sl Case Title Case Briefs Remarks

No.
1. Revision Bank had issued a duplicate (1) Bank was held liable.
Petition: 4806 of passbook to a “third person” (2) Ground was negligence of bank to
2008 of a joint savings bank issue duplicate passbook resulting in
account, without her data breach.
Rupa Mahajan authority, which resulted in (3) Financial details under purview of
Pahwa Vs. the release of all confidential Rule 3 IT( SPDI) Rules, 2011.
Punjab National financial details of the
Bank complainant.

Held:- Initially 50,000 cost to

respondent. Appeal by
Respondent in NCDRC.
Additional 25000 awarded to
petitioner along with lump
sum.
2. Civil Jurisdiction Petitioner received mail Bank was held liable even if it was case of
Petition No 2462 regarding update of account phishing. Data theft was established, as well
of 2008 via presumably routine mail. as Bank was incompetent to adhere to
Financial details given, and Reasonable Security Measures and Practices.
Shri Umashankar was duped an amount of
Sivasubramanian over 6 lakhs from the
Vs. ICIC Bank. account, of which over than
4 lakhs was withdrawn by
self-cheque.

Held:- Bank contravened the

trust and reliability offered
to the petitioner providing
secure transactions over the
Internet. Unauthorised
access to petitioner’s
account was established.
Bank’s due diligence and
reasonable security and
practices to be undertaken
were found lacking. Effective
KYC Norms were found
lacking. Sec 85/47(b)/43 read
with 46 of IT Act, 2000 along
with CPA,1986.
3. Mphasis BPO In December 2004, four call Arrest was made.
Fraud: 2005 centre employees, working
at an outsourcing facility
operated by MphasiS in
India, obtained PIN codes
from four customers of
MphasiS’ client, Citi Group.
These employees were not
authorized to obtain the
PINs. In association with
 others, the call centre
employees opened new
accounts at Indian banks
using false identities. Within
two months, they used the
PINs and account
information gleaned during
their employment at
MphasiS to transfer money
from the bank accounts of
CitiGroup customers to the
new accounts at Indian
banks. By April 2005, the
Indian police had tipped off
to the scam by a U.S. bank,
and quickly identified the
individuals involved in the
scam. Arrests were made
when those individuals
attempted to withdraw cash
from the falsified accounts,
$426,000 was stolen; the
amount recovered was
$230,000.

Held:- Court held that

Section 43(a) was
applicable here due to the
nature of unauthorized
access involved to commit
transactions.

4. Syed Asifuddin In this case, Tata Indicom They were arrested after investigation. IT Act
and Ors. Vs. employees were arrested was invoked which led to the question of
The State of for manipulation of the sensitive data being manipulated. ESN comes
Andhra electronic 32- bit number within the purview of SPDI Rule 3 of IT(SPDI)
Pradesh (ESN) programmed into cell
Rules, 2011. Additionally, sec 65 of IT Act,
phones theft were
exclusively franchised to 2000 provides for punishment either of
Reliance Infocomm. imprisonment upto three years or fine upto 2
lakh rupees or both when there is tampering
The main allegation against with computer source documents.
the petitioners is that the
MIN of Reliance phone is
irreversibly integrated with
ESN and the petitioners
hacked ESN so as to wean
away RIM customers to
TATA Indicom service.

Syed Asifuddin and Ors. vs.

The State of Andhra
Pradesh and Anr.
(29.07.2005 - APHC) :
MANU/AP/0660/2005
 Held:- Court held that
tampering with source code
invokes Section 65 of the
Information Technology Act.
5. Poona Auto Complainant held a current Well planned conspiracy and not one person
Ancillaries Pvt. account for corporate act Para 16(b) . Hence can be considered
Ltd Pune Vs. purpose but did not have within the term Body Corporate, under Rule 8
Punjab National SMS alert service enabled. of IT (SPDI) Rules, 2011.
Bank Further he responded to a
Complaint 4 of phishing mail . Criminals 43,43A,85 of IT Act, 2000.
2011. used accounts of PNB
opened on fake papers to
defraud complainant
Office of indicating PNB’s lax with KYC
Adjudicating norms. Major cash
Officer, withdrawal were allowed.
Secretary,
Government of Held: PNB to pay damages to
Maharashtra. the tune of 45,00,000 by way
of compensation.
6. Aconsoft Eserve Sarang Shekhar, Firdaus They were arrested, kept in judicial custody
India Ltd. Haq, Toton Haq & Prosenjit but was freed since proper collection of
Manna — opened four BPO evidence by the police was not carried out.
companies. All the 65B certificate not provided while preparing
companies were the charge sheet. Court was unable to
incorporated in Salt Lake in prosecute completely since collected
2011. Manna was director evidence was not adhering to Evidence Act.
of a company named
Aconsoft E Serve India
Limited. The group began
offering cheap debugging
solutions and branched out
to installing online software
solutions. They also
provided services like
entering annual
maintenance contracts,
installing simple anti-virus
programmes for clients in
foreign shores. Online
transfer of money, offered
at very cheap rates.
TeamViewer installed
allowing perpetrator to take
control of client’s desktop
without the client’s
consent.
Manna would mail a
lengthy form to client
asking him to fill it before
completing the online
payments. As the client was
busy filling up details in
form, Manna’s people were
able to see the exact
amount being entered for
payment. Once the amount
was known they would add
a zero to the original
amount. $9 turned into $90
before clicking the
transaction button. Clients
barely realized that they
had been duped. For this to
happen, it is crucial that the
accused know precisely
when the client filled up the
online form. Team viewer
meetings were arranged to
extend support to the
clients in form filling.

BPO employees duped their

clients in many countries. In
every country they
appointed an agent. Agents
had access to several bank
accounts operated from
their respective countries.
The amount that was
amassed fraudulently
would be transferred to
such accounts and the
agents would withdraw the
money within 30 minutes of
it being deposited. The
agent kept 40% and sent
the rest through hawala
channels of Mumbai and
Kolkata and Hundi channels
of Bangladesh.