OZG Digital Helpdesk for NBFC in India

    

The Reserve Bank of India (RBI) requires Non-Banking Financial Companies (NBFCs) to systematically submit regulatory and supervisory returns. These returns are filed electronically through platforms such as the Centralised Information Management System (CIMS).



The compliance guidelines compiled by the OZG NBFC Helpdesk classify the core returns and forms required for filing into distinct categories:


Core DNBS & DBMS / CIMS Supervisory Returns:


These standardized financial data forms are filed based on whether the NBFC is Deposit-Taking (NBFC-D) or Non-Deposit-Taking Systemically Important (NBFC-NDSI):


- 📌 DNBS 01: A quarterly return tracking vital financial parameters of deposit-taking companies.


- 📌 DNBS 02: A quarterly statement covering capital funds, risk-weighted assets, and exposure ratios.


- 📌 DNBS 03: A quarterly statement showcasing liquid asset holdings for deposit-taking entities.


- 📌 DNBS 04A / NBS-4: An annual data submission detailing critical parameters of rejected companies holding public deposits.


- 📌 DNBS 05: A monthly monetary and supervisory return for NBFCs with large public deposits.


- 📌 DNBS 06: A monthly report monitoring exposure to capital markets for companies with assets over ₹100 crore.


- 📌 DNBS 07: A quarterly or annual report mapping financial indicators for Asset Reconstruction Companies (ARCs).


- 📌 DNBS 11 & 12: Specific financial parameters and prudential standard compliance statements for Core Investment Companies (CICs).


Credit & Fraud Reporting Forms:


- 📌 DNBS 08 (CRILC Main Return): A monthly return capturing credit exposures of ₹5 crore and above to any single borrower.


- 📌 DNBS 09 (CRILC RDB): A weekly report covering large borrower defaults.


- 📌 FMR Returns: Reports capturing instances of fraud, submitted within strict windows of detection.


Asset Liability Management (ALM) Returns:


ALM returns monitor liquidity risks and interest rate mismatches across specified buckets:


- 📌 DNBS 04B (ALM-1): A monthly statement assessing short-term dynamic liquidity.


- 📌 NBS_ALM-2: A half-yearly statement mapping structural liquidity profiles.


- 📌 NBS_ALM-3: A half-yearly statement analyzing interest rate sensitivity.


Critical Annual Compliance Forms:


- 📌 DNBS 10 (Statutory Auditor Certificate): An annual certificate submitted by the auditor certifying the company continues to qualify for its Certificate of Registration (CoR) based on its asset/income pattern.


- 📌 Audited Balance Sheet: Full annual submission of financial statements accompanied by the statutory directors' and auditors' reports.


OZG NBFC Helpdesk (INDIA)

Go to: 🌎 helpdesk.nbfc.in


Email ✉️ ask@nbfc.in

FCRA Renewal: Application Filing Problem

   

If you are facing any technical problems on the FCRA portal, then you may connect with the OZG Digital Helpdesk; it can make your filing work easier. Our team provides step-by-step assistance for payment problems, form submission errors, document upload issues, and checking application status. This saves you from repeatedly trying the FCRA website and checking updates.




यदि आप FCRA पोर्टल पर किसी टेक्निकल प्रॉबलम फेस कर रहे हैं तो OZG डिजिटल हेल्पडेस्क आपके फाइलिंग work को और आसान कर सकता है। हमारी टीम आपको पेमेंट प्रॉबलम, फॉर्म सबमिशन errors, डॉक्यूमेंट्स अपलोड issue और एप्लिकेशन स्टेटस checking से जुड़ी हर प्रोब्लम में step-by-step सहायता देती है। इससे आपको FCRA वेबसाइट को बार-बार ट्राय करने या updates देखने में समय खराब करने की आवश्यकता नहीं पड़ेगी।



📞 OZG Digital Helpdesk (INDIA)
🪀 WhatsApp: +91-9811415837

✉️ OZG FCRA Email: ask@fcra.in



FCRA Registration, Annual Returns & Compounding Proceedings || OZG Digital Events (2026)

 

This webinar guides you through OZG Helpdesk's comprehensive services for FCRA-registered NGOs and new applicants. You may access the OZG FCRA Helpdesk services at helpdesk.fcraonline.in



Key topics include annual returns using Form FC-4, due by December 31 for the fiscal year ending March 31. These returns detail receipts, utilization, balances, and passbooks. We'll also cover quarterly intimation via Form FC-1, required for foreign contributions exceeding ₹10 Lakh. OZG Helpdesk provides user-friendly filing tools and compliance audits to prevent suspensions.


The session will address compounding proceedings under Section 41, teaching you how to file applications with the Ministry of Home Affairs for violations like delays. Penalties range from ₹1-10 lakh or 5-30% of the amount involved, with no repeats allowed within 3 years. OZG offers end-to-end support, including self-disclosure drafting and penalty negotiations. Join our live Q&A to explore real OZG client scenarios and get personalized advice.


Apply for the OZGIAN Membership: 

Go to ➡ membership.ozgian.com


Book your ticket at the link: 

Go to ➡ ticket.ozgdigital.com


Ticket @ ₹999/ + ₹192/ OZGiAN Membership Fee.



AI Adoption in Banking and Financial Services in India: OZG Digital Events (2026)


Are you ready to navigate the future of AI in Indian banking and finance? The Reserve Bank of India (RBI) has unveiled its FREE-AI framework, a comprehensive 26-point roadmap to responsibly integrate artificial intelligence into the financial sector. At the upcoming OZG Digital Event, we will unpack this guideline in depth and translate it into practical steps for Ozgians (chartered accountants, company secretaries, compliance officers, fintech engineers, and legal professionals).



At its core, FREE-AI focuses on ethical AI deployment. RBI expects transparency, fairness, explainability, and accountability in AI models to prevent biased outcomes in lending, credit appraisal, customer scoring, and automated decision-making. We will discuss how to convert these principles into board-approved policies, standard operating procedures, and audit-ready documentation that align with your internal control and governance frameworks.


A key pillar of the framework is AI Kosh, RBI’s proposed centralized data infrastructure platform. Think of it as a national repository of curated, anonymized financial datasets for AI training and testing. During the event, we will explore how banks, NBFCs, fintechs, and their advisors can use AI Kosh to build and validate models while staying compliant with the DPDP Act, data localization expectations, and sectoral privacy obligations. This will be especially relevant for professionals drafting data sharing agreements, consent frameworks, and internal data governance policies.


Innovation is encouraged through AI sandboxes for regulated entities. These controlled environments allow institutions to experiment with generative AI and machine learning prototypes without exposing the full balance sheet to unknown risks. We will cover how to structure sandbox experiments, define test metrics, document risk findings, and prepare approval notes for boards, audit committees, and regulators so that pilots can be safely scaled into production.


Governance and risk management are non-negotiable under FREE-AI. The framework sets expectations around credit assessment, model validation, stress testing, and ongoing risk monitoring. We will walk through how to integrate AI-based credit scoring with human oversight, three-lines-of-defence models, internal audit reviews, and regulatory reporting. For emerging players, including smaller NBFCs and fintech startups, RBI indicates supportive measures such as lighter reporting in early stages and priority access to sandbox resources. We will discuss how to structure your compliance roadmap to benefit from these enablers.


For compliance officers, CAs/CSs in practice, and legal advisors registered at the OZGIAN platform, the event will include ready-to-use checklists and draft clause ideas. These will cover multilingual AI models that operate across Hindi, English, regional languages, and dialects, and the associated risks around misinterpretation, mis-selling, and disclosure obligations. We will also address liability architecture: allocation of responsibility between the regulated entity, the AI vendor, cloud service providers, and outsourcing partners; implications for contractual drafting; and potential use of insurance covers, indemnities, and limitation of liability provisions under evolving regulatory expectations.


This event constitutes a practitioner-oriented framework for implementing artificial intelligence (AI) in alignment with the Reserve Bank of India (RBI) regulatory framework on Responsible AI. The OZG Digital Event provides actionable guidance to operationalize the RBI's guidelines into verifiable action plans, compliant documentation, and robust governance mechanisms capable of withstanding regulatory examination.


Apply for the OZGIAN Membership: 

Go to ➡ membership.ozgian.com


Book your ticket at the link: 

Go to ➡ ticket.ozgdigital.com


Ticket @ ₹999/ + ₹192/ OZGiAN Membership Fee.



OZG Digital Signature Forum: OZG Digital Events (2026)

   

Join us at the OZG Digital Signature Forum (2026), India's premier event for legal tech innovators, fintech leaders, and compliance experts. Dive deep into ETSI standards like XAdES, the gold standard for advanced electronic signatures that ensure long-term validity and non-repudiation. Explore post-quantum cryptography, safeguarding your digital assets against tomorrow's quantum threats with lattice-based algorithms and hybrid schemes. Discover WebTrust integration for audit-ready trust services, enabling seamless compliance filings across government portals.



Hands-on sessions cover code signing for secure software distribution, certificate transparency logs to prevent mis-issuance, and real-world applications in fintech and cybersecurity. Watch live OZG platform demos, showcasing compliance workflows—from DSC provisioning to e-filing with zero downtime. Network with peers tackling challenges, AI-driven governance, and post-quantum migrations.


Whether you're streamlining legal compliance as a full time practitioner or a compliance officer, gain actionable insights to future-proof your operations. Hear from OZG's experts and industry trailblazers on integrating these technologies into daily workflows.


Unlock exclusive resources, priority access, and community forums.  Secure your spot now—book your ticket! Limited seats for interactive demos and networking.  


Apply for the OZGIAN Membership: 

Go to ➡ membership.ozgian.com


Book your ticket at the link: 

Go to ➡ ticket.ozgdigital.com


Ticket @ ₹999/ + ₹192/ OZGiAN Membership Fee.


FEMA Compounding Application Procedure at the RBI — OZG Digital Events (2026)

     

Discover the intricacies of the Reserve Bank of India (RBI) compounding application process in this specialized session, meticulously tailored for legal professionals and compliance officers. Hosted by OZG Digital Events, this immersive workshop equips participants with actionable expertise on navigating FEMA contraventions through the streamlined PRAVAAH portal, RBI hearings, and critical post-approval compliance. 



OZG Digital Events demystifies online filing via the RBI's PRAVAAH portal, introduced under the Foreign Exchange (Compounding Proceedings) Rules, 2024. Legal experts guide attendees through registration, document uploads—including FIRCs, FCGPR filings, board resolutions, and contravention memorandums—and fee payments of Rs. 10,000 via NEFT, RTGS, or demand draft. This digital shift from physical submissions enhances efficiency, allowing suo moto applications or responses to RBI notices, with real-time tracking for faster adjudication. 


Delve into RBI hearing protocols where compounding authorities scrutinize applications for gravity of contravention, applicant history, and rectification measures. OZG Digital Sessions cover powers to summon records, mandate corrective actions like unwinding transactions, and structured formats for disclosures on violation nature, amounts, and post-breach compliance. Compliance officers gain strategies to address queries, ensuring hearings lead to compounding orders rather than adjudication or prosecution referrals.


Post-approval, participants master penalty payments into updated RBI accounts, ED undertakings to report parallel proceedings, and Form approvals resumption. OZG Digital Events highlights pitfalls like prior filings (e.g., FDI reports) pending compounding, with checklists for record-keeping and audit trails. Attendees leave empowered to implement robust FEMA frameworks, minimizing recurrence through proactive governance. 


Apply for the OZGIAN Membership: 

Go to ⬆️ membership.ozgian.com


Book your ticket at the link: 

Go to ➡ ticket.ozgdigital.com


Ticket @ ₹999/ + ₹192/ OZGiAN Membership Fee.

CNAP: The Caller ID Revolution  —  OZG Digital 🎯

 

CNAP stands for Calling Name Presentation, a telecom feature that displays the verified name of the incoming caller on the recipient's phone screen. In India, it's being rolled out by Telecom Regulatory Authority of India (TRAI) to combat spam and scam calls by using KYC details from SIM registration. 



📌 When does CNAP rollout start in India?  

The nationwide rollout begins in March 2026, following TRAI's approval in October 2025 and pilots by Jio, Airtel, Vi, and BSNL. Initial focus is on 4G/5G networks. 


📌 Who regulates CNAP in India?  

The Department of Telecommunications (DoT) and Telecom Regulatory Authority of India (TRAI) oversee CNAP implementation. They mandate telcos to maintain secure CNAM databases. 


📌 How does CNAP differ from Truecaller?  

CNAP pulls names directly from operator-verified KYC records, ensuring higher accuracy without relying on crowdsourced data. It operates network-wide, independent of third-party apps. 


📌 Is CNAP enabled by default?  

Yes, CNAP activates by default for recipients, with an opt-out option via telecom providers. This aligns with DoT's preference over TRAI's initial opt-in model. 


📌 How to opt out of CNAP?  

Contact your telecom provider (Jio, Airtel, Vi, BSNL) to disable it, similar to deactivating voicemail.  


📌 What networks support CNAP initially?  

Phase one covers 4G and 5G; legacy 2G/3G follows after feasibility studies. New devices post-cutoff must be CNAP-compatible via MeitY coordination. 


📌 How is caller name verified?  

Names come from Customer Application Form (CAF) data and government KYC documents held by telcos. Real-time queries fetch during call setup. 


📌 What about business or telemarketer calls?  

Businesses use verified trademarks/trade names; telemarketers get explicit identification. Bulk connections follow government verification. 


📌 Does CNAP work across networks?  

Yes, interoperability tests ensure names display correctly from any network. Pilots in northern circles confirm this. 


📌 What are CNAP privacy protections?  

Data stays with operators; no central database. Opt-out (and CLIR in specific cases) safeguard user control under DPDP Act standards. 


📌 Will CNAP reduce spam calls?  

Yes, verified IDs curb fraud like digital arrests and phishing by blocking impersonation. It's projected to transform trust in calls. 


📌 Do feature phones support CNAP?  

Compatible models will; rollout prioritizes smartphones first. Manufacturers update within six months of launch. 


📌 What if KYC name mismatches?  

Telcos must update databases regularly per licence conditions. Inaccurate displays prompt complaints to DoT/TRAI. 


📌 Is CNAP free for users?  

Default service with no extra user charges; telcos handle costs under regulatory mandates. 


📌 How does CNAP link to RBI compliance?  

For fintechs, CNAP aids KYC verification in calls, aligning with RBI's customer onboarding norms and fraud prevention. 


📌 What is the CNAP technical model?  

Each telco maintains a CNAM database; recipient's network queries caller's operator in real-time during setup. ITU-T/ETSI standards apply. 


📌 Timeline for full India coverage?  

Pan-India by March 2026 across circles; device mandates follow notification. 


📌 Impact on family/shared numbers?  

Displays registered KYC name; telcos address attribution concerns via guidelines. 


📌 Role of MeitY in CNAP?  

Coordinates device compatibility; amends licences for new sales post-cutoff. 


📌 CNAP for international calls?  

Domestic focus initially; roaming/inter-circle tested in pilots. 


📌 How to report CNAP issues?  

Via telco apps/portals or TRAI's DND portal; DoT monitors rollout. 


📌 Does CNAP store call data?  

No, only name lookup during call; privacy-focused per TRAI.  


📌 Pilot status as of Dec 2025?  

Jio, Airtel, Vi, BSNL testing in circles; live trials soon before March 2026. 


📌 Legal basis for CNAP?  

TRAI recommendations (2024), DoT directives (2025), telecom licences. 


📌 Fintech benefits from CNAP?  

Reduces fraud calls; supports RBI's CKYC and audit trails for secure onboarding. 


📌 Update phone for CNAP?  

4G/5G devices auto-support; software updates for others. 


📌 CNAP data security standards?  

Operator-secured databases; no third-party access, per TRAI/DoT. 


📌 Bulk caller CNAP rules?  

Verified trade names mandatory; government approval needed. 


📌 CNAP on VoIP apps?  

Focus on traditional calls; VoIP under study. 


📌 User complaints process?  

Escalate to TRAI/DoT if telcos fail; OZG Digital aids resolution. 


📌 Economic impact of CNAP?  

Boosts business trust, cuts spam losses; enhances telecom assets. 


📌 CNAP global comparison?  

Largest network-integrated system; inspired by CNAM standards. 


📌 Device manufacturers' role?  

Mandatory support post-notification; six-month compliance. 


📌 CNAP for enterprise lines?  

Trade names displayed; verified per DoT. 


📌 Integration with DPDP Act?  

Ensures data minimization; OZG Digital specializes in compliance. 


📌 CNAP accuracy rate?  

High via KYC; updates mandated for 99% reliability. 


📌 Link to cybercrime fight?  

Directly targets fraud; supports MHA initiatives. 


📌 Future CNAP expansions?  

Possible to legacy nets, international; TRAI studies ongoing. 


🏡 OZG Digital (🎯)

📨 help@ozgian.com


⭕ YouTube.com/@ozg.digital

⭕ instragram.com/ozg.digital


🔒Digital Personal Data Protection (DPDP) Act

 

The Digital Personal Data Protection (DPDP) Act, a landmark legislative framework in India, is designed to regulate the processing of personal digital data while safeguarding individuals' privacy and rights. The DPDP Act marks a significant step toward strengthening data protection practices across all sectors handling digital data.




The DPDP Act follows a phased rollout to ensure smooth adaptation and compliance:  

📌 - November 13, 2025: 

The Act’s initial provisions came into force, notably the establishment of the Data Protection Board. This Board is empowered to oversee data protection compliance, address grievances, guide stakeholders, and ensure enforcement of the Act’s norms. 

📌 - November 13, 2026:

Additional provisions kick in, including mandatory registration of consent managers—entities responsible for managing and verifying user consent for processing their data, which adds a crucial layer of accountability.  

📌 - May 14, 2027:

The main body of the DPDP Act will take effect, bringing comprehensive obligations for data fiduciaries (organizations processing personal data) regarding lawful collection, usage, storage, and sharing of digital personal data, along with enhanced rights for data principals (individuals).  

Key Features of the DPDP Act -

1) Establishes clear principles for lawful and fair data processing

2) Mandates explicit consent for collecting and using personal data

3) Empowers users with rights such as access, correction, and data portability

4) Requires robust data security and breach reporting mechanisms

5) Introduces penalties and enforcement protocols for non-compliance  

Stay proactive and compliant with expert guidance from the OZG Tech-Law Solutions. We offer 24/7 dedicated support to navigate all DPDP compliance requirements, helping your organization align with the DPDP Act efficiently.

Connect with us anytime—protect your data, protect your future!


OZG Helpdesk
Chat 24/7🪀 9820255831  
─-─────────────────  
Email ✉️ legal@ozgian.com  
─-─────────────────  


TCPA violations in marketing campaigns

RBI Compliance for Fintech Startup

 

OZG Fintech Center empowers startups with customizable solutions and 24/7 expert support to keep pace with evolving RBI compliance.


📌 Digital lending apps require registration and data reporting to the RBI’s CIMS portal, adherence to Digital Lending Directions including clear borrower disclosures, and periodic audit submissions. OZG assists with compliance management processes for seamless adherence.




📌 Implement CKYC and eKYC verification using Aadhaar, PAN, or Passport. Registration with the Financial Intelligence Unit (FIU-IND) is mandatory for suspicious transaction reporting. The OZGIAN system integrates smooth onboarding, FIU-IND registration, and AI-powered transaction monitoring for AML compliance.


📌 Data privacy and protection must include adherence to updated RBI data localization norms, continuous penetration testing, and use of AES/TLS encryption standards. OZG supports end-to-end encryption, compliance audits, and secure access controls.


📌 Fintech startups must comply with the newly introduced Self-Regulatory Organization (SRO) framework for fintech, which involves voluntary registration with an RBI-recognized SRO, adherence to ethical codes, and mechanisms to address user harm and fraud.


📌 Participation in and reporting to RBI's e-PRAVAAH portal for streamlined regulatory authorisations and license management is mandatory from May 2025. The OZGIAN offers a smooth filing solution for PRAVAAH, ensuring peace of mind.


📌 Compliance with RBI's mandates on AI use in financial services is required, ensuring ethical AI adoption aligned with transparency and risk control.


📌 Clear disclosures on fees, interest rates, and repayment terms are essential alongside effective grievance redressal mechanisms. The OZG systems dynamically manage compliance disclosures and complaint tracking aligned with RBI guidelines.


📌 Maintain detailed audit trails, prepare for IT governance audits (CSITE), and ensure timely regulatory report submissions. OZGIAN assists with audit documentation and dashboard reporting to RBI.


OZG Helpdesk (24/7)

Email: ask@nbfc.in  

WhatsApp: 98‑2025‑5831


DM @ozghelpdesk

Police Notice 🚨

  

When Anjali received a call from the local police, her heart raced. She was told to appear for questioning in relation to a corporate fraud case—shocking, because she had nothing to do with it. Confused and anxious, she called OZG Lawyers.


At OZG, Advocate Maya listened carefully. “Anjali, remember this—Article 20(3) of the Constitution of India protects you. You cannot be compelled to be a witness against yourself.”


Anjali’s eyes widened. “So I can stay silent?”


“Exactly,” Maya said - "The police can’t force you to confess. You have the right to remain silent and to have a lawyer present at all times. Say nothing that can be twisted later. Your silence is your shield.”


The next day, Anjali entered the interrogation room with Maya beside her. The officers asked sharp questions, trying to corner her. But guided by Maya, she calmly replied, “I choose not to answer without legal counsel.”


The session ended with no confession. No tricks worked. Later, it was revealed that the actual perpetrator was someone else entirely. Anjali had narrowly escaped being wrongly implicated—all because she asserted her fundamental right.


At OZG Lawyers, we believe in empowering citizens with knowledge. Knowing your rights isn’t just smart—it’s your legal armor.


Email ✉️ help@ozg.in

    OZGIAN - Magna Carta 👑 


⛔ Restitution of Conjugal Rights


WhatsApp Chat 📲 WA.me/918779696580

According to experts at Ozg Center, conjugal rights can be defined the rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage. This makes sure that you are giving each other the status of spouse in the true sense.


When your spouse denies you your conjugal rights, you can seek legal help by claiming the restitution of your conjugal rights. If the court is satisfied that there is no legal ground to refuse the application and based on the veracity of the statements in the petition, may pass a decree for restitution of conjugal rights.

⛔ To discuss your case, you can schedule your Tele-Appointment with Ozg Lawyers to save your precious time and hard-earned money in court cases and matrimonial disputes-related matters.

Tele-Appointment Fee: ₹3780 


Support ✉️ ask@ozgian.com 

There are various sections providing different provisions for restitution of conjugal rights such as:

Section 9 in Hindu Marriage Act, 1955

Section 22 in Special Marriage Act, 1954

Section 32 in Indian Divorce Act, 1869

⛔ Reasonable Cause - 

The burden of proof in this matter is two-fold. The husband has to prove that the wife has been denying him all the marital rights & has withdrawn from his society without any major reason. On the other hand, the wife has to show such proofs that show the actual valid reason for the withdrawal such as any matrimonial misconduct that made it impossible for her to continue to live with him. If she fails to do so, the court will pass a decree to restitute the conjugal rights of the husband. If the wife is able to prove any valid ground then the petition would be dismissed.

⛔ What does withdrawal from society means?

There is withdrawal from society when one among the spouses, without reasonable excuse, terminates an existing relationship with the intention of leaving the other and permanently or indefinitely abandoning such relationship. Withdrawal from the society not always necessarily means complete desertion or living separately, it also means withdrawal from sexual intercourse, non-cooperation in the performance of marital obligations.

⛔ To discuss your case, you can schedule your Tele-Appointment Ozg Lawyers to save your precious time and hard-earned money in court cases and matrimonial disputes-related matters.

Tele-Appointment Fee: ₹3780 


Support ✉️ ask@ozgian.com 

⛔ Procedure for The Restitution of Conjugal Rights - 

📌 1) In this case, if you are the aggrieved party, the husband, files a petition in the district court. This can be transferred by application to the High Court or Supreme Court as well, according to the severity of the case or requirement.

📌 2) After the filing of the petition, a copy of the petition is sent to the respondent-wife along with the date of hearing from the district court. 

📌 3) Both parties have to be present on the date of the hearing. If both parties are not present, the court gives another date.

📌 4) The next step is counseling/mediation sent by the court. It is done by the family court, as provided in the Family Courts Act. This takes approximately 4 months.

⛔ What happens in Counseling?

Once the parties are sent to counseling, they need to appear before a counselor. The counselor may be someone who has been appointed by the court. Counseling takes place on 2-3 dates with a gap of 2-3 weeks between two dates. Here, both parties are given a chance to present their versions of the facts, and the counselor tries to come to an understanding. In the end, the counselor offers advice. This may sort out the differences to go back to the husband, or to go for a divorce by mutual consent. You can message us at #Ozgian 24/7 - online support desk to learn about its eligibility criteria, timing, cost, and procedures), if the parties agree, it will imply that the purpose of counseling/ mediation has succeeded, and the suit can be dropped. However, if the parties refuse to proceed according to the suggestions of the counselor, the counselor will forward the application back to court on grounds that mediation has failed.

WhatsApp Chat 📲 WA.me/918779696580

📌 5) Once the application is back in court, the suit will continue, and the respondent-wife is required to give her ‘counter’ to the husband’s application. Oral arguments will proceed to dispose of the interim petitions first and pass the interim order.

📌 6) The husband has to file a Chief Examination Affidavit for producing evidence that the wife has left him, which will result in cross-examination.

📌 7) Final arguments take place next, where both the parties represent their version of facts and ultimately pray for relief from the Judge. Based on the counseling, statements made, and the conduct of the parties, the judge accordingly grants the decree.

⛔ What do our clients say?

"I received a call from Ozg Lawyers and my problem get sorted out! I couldn't believe it - my legal plan just saved me from a huge loss." 

Simply, WhatsApp / Email / Call to connect with us.

Appointment Link:

Case Winning Doc:
Ozg Documentation Centre

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Litigation:
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WhatsApp Chat 📲 WA.me/918779696580

Received Notice for Money Laundering Case? Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers


The offence of Money Laundering generally involve the following three stages namely placement, layering and integration.


📌 Placement:

The Money Launderer, who is holding the money generated from criminal activities, introduces the illegal funds into the financial systems. This might be done by breaking up large amount of money into less conspicuous smaller sums which are deposited directly into a Bank Account or by purchasing a series of financial products.

📌 Layering:

In this stage, the Money Launderer typically engages in a series of continuous conversions or movements of funds, within the financial or banking system by way of numerous accounts, so as to hide their true origin and to distance them from their criminal source. The Money Launderer may use various channels for movement of funds, like a series of Bank Accounts, sometimes spread across the globe, especially in those jurisdictions which do not cooperate in anti-money laundering investigations.

📌 Integration:

Having successfully processed through the first two stages of Money Laundering, the Launderer then moves to this third stage in which the funds reach the legitimate economy, after getting inseparably mixed with the legitimate money earned through legal sources of income. The Money Launderer might then choose to invest the funds into real estate, business ventures & luxury assets, etc. so that he can enjoy the laundered money, without any fear of law enforcement agencies.

The above three steps may not always follow each other. At times, illegal money may be mixed with legitimate money, even prior to placement in the financial system. In certain cash rich businesses like Gambling and Real Estate, the proceeds of crime may be invested without entering the mainstream financial system at all.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

Ozg Lawyers: AML Advisory

₹3780 ☎️ ozglaw.com/appointment

WhatsApp📲 WA.me/918779696580

The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

Email: legal@documentationcentre.com

Punishment -

📌 Attachment of property under Section 5 of PMLA, 2002, seizure or freezing of property and records under Section 17 or Section 18 of PMLA, 2002. It is also applied on assets of any kind used in the commission of an offence under PMLA, 2002 or any of the scheduled offences.

📌 Persons found guilty of an offence of Money Laundering are punishable with imprisonment for a term which shall not be less than 3 years but may extend up to 7 years and shall also be liable to fine under Section 4 of PMLA, 2002.

📌 When the scheduled offence committed is under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 the punishment shall be imprisonment for a term which shall not be less than 3 years but which may extend up to 10 years and shall also be liable to fine.

📌 The prosecution or conviction of any legal juridical person is not contingent on the prosecution or conviction of any individual.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

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Enforcement Directorate (ED)

The ED has got following power -

📌 To provisionally attach any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property under Section 5 of PMLA Act, 2002;

📌 To conduct survey of a place under Section 16 of PMLA Act, 2002;

📌 To conduct search of building, place, vessel, vehicle or aircraft & seize/freeze records & property under Section 17 of PMLA Act, 2002;

📌 To conduct personal search under Section 18 of PMLA Act, 2002;

📌 To arrest persons accused of committing the offence of Money Laundering under ection 19 of PMLA Act, 2002;

📌 To summon and record the statements of persons concerned under Section 50 of PMLA Act, 2002.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

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Time limit of Seizure -

📌 The property & record may, if seized be retained or if frozen may continue to remain frozen for a period not exceeding 180 days from the day on which such property or record were seized or frozen, unless the Adjudicating Authority permits retention of such record or property beyond the period of 180 days as per sections 20 & 21 of PMLA, 2002.

Arrest -

📌 The Authorized Officer making arrest shall, as soon as may be, inform the arrestee of the grounds for such arrest.

📌 Every person so arrested shall, within twenty four hours, be taken to a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction as per section 19 of PMLA, 2002.

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Cyber Crime - Legal Provision for Women under Indian Penal Code (IPC), 1860 & IT Act, 2000


Internet has brought a great transformation across the world. It has some side effects too, such as financial and gender based crime made the sizeable impact on cyber space too. Due to this cyber crimes against women has been increasing day by day. List of cyber crimes faced by women could be categorized in to following:
  • - Cyber stalking
  • - Cyber bullying
  • - Cyber harassment
  • - Identity theft
  • - Breach & violation of privacy/confidentiality
  • - Voyeurism
  • - Revenge pornography*
*Revenge pornography, though falling within the ambit of cyber harassment, is one such cyber crime which has seen a lot of discussion of late owing to increased instances of non-consensual pornography.

Here are some of Legal Provisions under IPC, 1860 and IT Act, 2000 for the women victim of cyber crime.

The Indian Penal Code, 1860

Prior to 2013, no law directly dealing with online harassment or crimes pertaining to women in the cyber space. The 2013 Criminal Amendment Act to the Indian Penal Code, 1860 by way of Section 354A to Section 354D

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 case of the first two and with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 354C defines ‘Voyeurism’ as including the act of capturing the image of a woman engaging in a private act, and/or disseminating said image, without her consent. For the act to qualify as ‘Voyeurism’, the circumstances must be such where the woman would “usually have the expectation of 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 fine as well as imprisonment up to three years on first conviction and seven years on subsequent convictions.

Section 354D introduced a provision for stalking which also covers cyber stalking. Stalking has been defined to mean an act where a man follows or contacts a woman, despite clear indication of disinterest to such contact by the woman, or monitors the cyber activity or use of the Internet or electronic communication of a woman. 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 fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.

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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:-

Section 499: To defame a person is to do an act with the intention of harming the reputation of the person. Defamation by 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 fine, or both.

Section 503: Threats made to any person with injury to her reputation, either in order 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.

Section 507: This provision provides the quantum of punishment for Criminal Intimidation when the same is by 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.

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 a 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 as amended by the Information Technology Act, 2008.

Section 66C of the IT Act makes identity theft a punishable offence. Instances of cyber hacking would be covered by this provision. 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.

Section 66E of the IT Act 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 circumstances violating her privacy, is punishable with imprisonment, which may extend to three years, and/or fine.

Section 67 prohibits, and punishes with imprisonment extending up to three years and fine for first conviction and to five years and fine upon 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

Section 67A makes the publication, transmission or causing of transmission of sexually explicit material punishable with imprisonment extending up to five years and fine for first conviction and to seven years and fine upon second conviction.

Section 67B makes publication/transmission of sexually explicit content depicting children punishable.

- Ozg Cyber Crime Lawyers


Section 66C / 66D, IT Act, 2000 - Cyber Crime - Penality & Punishment for Cheating


Section 66C, IT Act, 2000 - 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.

 Section 66D, IT Act, 2000 - Whoever, by means of any communication device or computer resource cheats by personation, 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 one lakh rupees.

Case -

“A twenty one year young boy has knocked at the portals of this Court for bail. He is involved in cybercrime. The manner in which the crime has been committed shows the devilish master mindedness, cool thinking, tricks adopted, organised effort and timely execution of plan of the offenders. The intelligence and advanced type of knowledge on cyber seems to have been utilised in a wrong way. Sitting somewhere far from the victim and without having any direct physical access to her, the cybercriminal has caused unimaginable harm to her with touches of his fingers on the computer and stolen more than what an ordinary criminal could have done with gun. The victim of the organised crime appears to be an innocent lady fell into the trap of evil design. With the temptation of getting foreign gifts, she acted like a brainless toy in the hands of the criminals till she realised one day that she had been deceived on a mistaken impression.

The law was set into motion with the presentation of a first information report by Sukanti Mohanty at Cyber Crime Police Station of C.I.D., C.B., Cuttack on the accusation that she had become a victim of organized cybercrime and had paid a sum of Rs.17,03,390/- to different persons through their bank accounts which were provided to her through e-mail/sms /whatsapp. She alleged against one person identifying himself as Frank Young on facebook had sent her a friend’s request which she accepted. The accused informed the informant that he had sent her some gifts which were held up in Delhi from where she should collect the gifts. The informant was asked through a number of calls and e-mails for money on various pretexts i.e. remittance, foreign exchange, transfer etc. The phone calls and sms were received from different numbers and the people who identified themselves as Frank, Marc, security personnel, R.B.I. officials and Airport officials etc. advised and convinced the informant to deposit money in different bank accounts provided by them. The money was paid in four different bank accounts of four different persons by the informant totalling to Rs.17,03,390/-.”

 
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IN THE HIGH COURT OF ORISSA, CUTTACK


BLAPL NO. 5963 Of 2017


An application under section 439 of the Code of Criminal

Procedure, 1973 in connection with CID C.B. Cyber Crime P.S.

Case No.12 of 2016 corresponding to C.T. Case No.3811 of 2017

pending in the Court of learned S.D.J.M., Bhubaneswar.

—————————–

Obinna Nicodemus Enweka @ Obina Icodemus …….. Petitioner

-Versus-

State of Orissa                     ……..                             Opp.                            For Petitioner                    Mr. Goutam Mishra   For Opp. party                   –             Mr. JanmejayaKatikia                                                         Addl. Govt. Advocate

—————————–


P R E S E N T:


THE HONOURABLE MR. JUSTICE S.K. SAHOO


Date of Argument: 14.11.2017

Date of order: 22.11.2017

A twenty one year young boy has knocked at the portals of this Court for bail. He is involved in cybercrime. The manner in which the crime has been committed shows the devilish master mindedness, cool thinking, tricks adopted, organised effort and timely execution of plan of the offenders. The intelligence and advanced type of knowledge on cyber seems to have been utilised in a wrong way. Sitting somewhere far from the victim and without having any direct physical access to her, the cybercriminal has caused unimaginable harm to her with touches of his fingers on the computer and stolen more than what an ordinary criminal could have done with gun. The victim of the organised crime appears to be an innocent lady fell into the trap of evil design. With the temptation of getting foreign gifts, she acted like a brainless toy in the hands of the criminals till she realised one day that she had been deceived on a mistaken impression.

The law was set into motion with the presentation of a first information report by Sukanti Mohanty at Cyber Crime Police Station of C.I.D., C.B., Cuttack on the accusation that she had become a victim of organized cybercrime and had paid a sum of Rs.17,03,390/- to different persons through their bank accounts which were provided to her through e-mail/sms /whatsapp. She alleged against one person identifying himself as Frank Young on facebook had sent her a friend’s request which she accepted. The accused informed the informant that he had sent her some gifts which were held up in Delhi from where she should collect the gifts. The informant was asked through a number of calls and e-mails for money on various pretexts i.e. remittance, foreign exchange, transfer etc. The phone calls and sms were received from different numbers and the people who identified themselves as Frank, Marc, security personnel, R.B.I. officials and Airport officials etc. advised and convinced the informant to deposit money in different bank accounts provided by them. The money was paid in four different bank accounts of four different persons by the informant totalling to Rs.17,03,390/-.

On such first information report, C.I.D.C.B. Cyber Crime P.S. Case No.12 dated 26.08.2016 was registered under sections 419/420/468/471 of the Indian Penal Code and section 66-C/66-D of the Information Technology Act, 2000.

During course of investigation, the informant and other witnesses were examined. The documents relating to deposit of money, accounts statement of the informant’s bank account as well as some other relevant documents were seized. Requisitions under section 91 of Cr.P.C. were sent to the concerned banks to provide A/c opening forms details along with up to date account statement and other necessary information for identification of the account holders. Immediate correspondence were also made with concerned mobile service providers to ascertain the subscriber information as well as call details to ascertain the identity and location of the cell phone numbers which were used in making contact with the informant. While conducting investigating at New Delhi, it was ascertained that large sum of money was deposited in the bank accounts of fraudsters and the same was immediately being transferred to many other bank accounts in smaller amounts by internet banking and soon after that the smaller amounts were withdrawn immediately through ATMs in no time leaving very little or no balance in the beneficiary accounts. The concerned branch managers were requested to debit freeze the beneficiary accounts. On 08.10.2016, the Inspector of Cyber Crime, Goa intimated the investigating officer by e-mail that two Nigerian nationals i.e. the petitioner and another have been arrested on 03.10.2016 by Goa police and during interrogation, it was ascertained that they are involved in a crime in Orissa by defrauding the informant by using two mobile numbers. During verification of the mobile numbers and call records received from the mobile service providers, it appeared that the two mobile numbers are common in Odisha Cyber Crime case and Goa Cyber Crime case. The investigating officer received CDR and CAF in respect of some of the mobile numbers and analyzed them. From the CDR of the mobile phones, it became evident that the fraudster had induced the informant by making telephone call and sms and the two mobile numbers which were used in two IMEIs were seized by the Cybercrime officials of Delhi and Goa. It was ascertained during course of investigation that the petitioner and another co-accused had become friends with the informant through e-mail/sms/whatsapp. Finding sufficient prima facie evidence against the petitioner, charge sheet was submitted on 27.02.2017 against the petitioner and another co-accused under sections 419/420/468/471 of the Indian Penal Code and sections 66-C/66-D of the Information Technology Act keeping the further investigation open under section 173(8) of Cr.P.C.

The petitioner moved an application for bail before the learned Addl. Sessions Judge, Bhubaneswar in Bail Application No.201/904 of 2017 which was rejected vide order dated 02.08.2017.

Mr. Gautam Mishra, learned counsel appearing for the petitioner contended that the petitioner has been unnecessarily victimized and he is in no way involved in the alleged commission of the offences and he has already remained in custody for a substantial period and has undergone tremendous hardship and mental agony and charge sheet has already been submitted. It is further stated by the learned counsel for the petitioner that the petitioner has been granted bail in the Goa case by the J.M.F.C., Mapusa, Goa and he has filed the bail order copy. He further submitted that there is no chance of tampering with the evidence and therefore, the bail application may be favourably considered.

Mr. Janmejaya Katikia, learned Additional Government Advocate on the other hand contended that there is not only sufficient evidence against the petitioner relating to his involvement in the crime but also the further investigation of the case is under progress and once the petitioner is released on bail, there is likelihood of tampering with the evidence. It is further contended that the petitioner is involved in committing similar offences in other States also and therefore, the bail application should be rejected. Learned counsel filed the case records as well as some important documents in a sealed envelope.

Adverting to the contentions raised by the learned counsels for the respective parties and after going through the case records, it appears that there are sufficient prima facie evidence to show that due to inducement of the petitioner, the informant deposited a sum of Rs.17,03,390/- in four accounts, three belonged to S.B.I. and one belonged to Central Bank of India. From the said accounts, the petitioner had transferred money through online account transfer to beneficiary accounts and the accused persons have withdrawn money through ATM leaving a very negligible amount in the account. The maximum withdrawal have been effected using ATM cards and the Branch Managers of the concerned banks such as State Bank of Travancore, State Bank of Mysore, UCO Bank, Union Bank and State Bank of Hyderabad etc. stated that the account holders never visit the branch and have withdrawn money only through ATM. It is evident that the informant has deposited money in four accounts of different persons which are fake due to inducement by the petitioner through online transfer from her accounts and soon after her deposit, the money was transferred through internet banking in smaller amounts to several beneficiary accounts which are in different banks in New Delhi. It further appears that the petitioner visited India in a fake Visa on health ground.

Considering the nature and gravity of the accusation, the nature of supporting evidence, the manner in which the informant has been cheated with a huge amount, the severity of punishment in case of conviction, the reasonable apprehension of tampering with the evidence particularly when the further investigation is under progress and the criminal proclivity of the petitioner, I am not inclined to accept the prayer for bail of the petitioner.

Accordingly, the BLAPL application stands rejected.

………………………………… 

Orissa High Court, Cuttac

- Ozg Cyber Crime Lawyers


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