digital evidence

ANALYSING THE IMPACT OF THE SARFAESI ACT ON THE RECOVERY RATES OF NPAs IN INDIAN BANKS Eeshan Mishra, Student at Institute of Law, Nirma University Download Manuscript doi.org/10.70183/lijdlr.2024.v02.22 The SARFAESI ACT 2002, a shift to corporate governance was one of the major structural reforms introduced to control non-performing assets (NPAs) in Indian banking. The SARFAESI Act commenced in 2002 and was a significant shift to the management of NPAs since it empowered banks and financial institutions to recover secured loans without undergoing the conventional legal formalities required to undertake it through legal procedures. In this research, the effect of the SARFAESI Act on NPA management from 2002 up to 2022 has been evaluated through the analysis of data derived from official financial reports and through a set of non-numerical data derived from members of the banking industry. In the same period, the NPAs’ recovery rate by the SARFAESI Act was higher due to the speedy disposal of bad assets eliminating the legal proceedings largely. Nevertheless, some problems like unclear legislation, an excessive amount of applicable legislation that can take months to study and recognize what can be applied in practice, and borrowers’ resistance have often hindered the efficiency of the recovery procedure. The study also analyzes the SARFAESI Act with other NPA resolution mechanisms such as the Debt Recovery Tribunals and Lok Adalat which depicts the efficiency of each and thereby opines that integrating SARFAESI with the mechanism as mentioned earlier could fill some of the said gaps. The study proves that there is a need to make continual amendments to the provisions of the SARFAESI Act to meet changing financial milieu and challenges thereby addressing any gaps that may be created. The following are the effective implementation strategies that are central to the enhancement of the benefits of the Act with relevance to adequate functionality: On balance, despite the substantial enhancement of the recovery rates of NPAs in Indian banks, there is a continuous need for the process of SARRFAESI Act’s assessment and improvement. The study benefits the existing literature on financial sector reforms and could serve as a reference to policymakers and banking organizations that are aiming to enhance how NPAs are managed and enhance the efficiency of the banking sector. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 365-387. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

CYBER FORENSIC AND CRIME INVESTIGATION Harini K, LLM- I Year (Criminal law and criminal justice administration) Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.21 Cyber forensics, often called digital forensics, is essential in modern crime investigations. It provides the methods & strategies to gather, analyze, and safeguard digital evidence. This field’s significance has grown as digital crimes have become more complex and frequent. It includes activities like hacking, identity theft, financial fraud, cyberstalking, and even cyberterrorism. The main purpose of cyber forensics is to aid legal proceedings by ensuring that digital evidence is valid, dependable & usable in court. The admissibility of digital evidence is also a matter of concern for its probative value is called into question upon evidence is prone to be tampered.  It combines knowledge from computer science, legal studies, and investigative techniques to find and document digital traces left by criminals. Cyber forensics includes various sub-disciplines: computer forensics, network forensics, mobile device forensics & cloud forensics. Each one deals with specific challenges related to different types of digital evidence. Experts in cyber forensics use special tools & software to perform tasks like disk imaging, data carving, malware analysis, and timeline reconstruction. These tasks are crucial for understanding the sequence of events in a digital crime. Nonetheless, the field encounters many challenges. Technology evolves rapidly; cybercriminals become more sophisticated; legal restrictions related to data privacy & jurisdictional issues create obstacles. Advanced technologies such as encryption and anonymization test the ability of forensic experts to gather meaningful evidence. Moreover, the international nature of cybercrime often entails complicated legal structures that demand cross-border cooperation & compliance with diverse laws and regulations. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 335-364. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024