Advocate Sandipan Mohanty

Questions Answered by Advocate Sandipan Mohanty

Q: Legal Liability for Operating a P2P Discovery Server

I am developing an open-source P2P messaging network. Users communicate directly with each other using end-to-end encryption. I operate only a bootstrap server that stores peer discovery data (public key, hashed user ID, IP, port, last seen) and does not store, relay, or inspect messages. Under Indian law, could I be held liable if users misuse the software for illegal activities without my knowledge or involvement?

Advocate Sandipan Mohanty answered
Since the bootstrap server receives and stores peer-discovery records on behalf of users, you may be treated as an “intermediary” under Section 2(1)(w) of the Information Technology Act, 2000. Conditional safe-harbour protection under Section 79 would ordinarily be available, provided you neither initiate communications nor select recipients or modify transmitted information, and you observe the prescribed due diligence. However, open-source status is not a complete immunity. Safe harbour may be lost if you actively facilitate illegal use, design or market the network specifically for criminal activity, retain administrative access to communications while falsely claiming otherwise, or fail to comply with valid court or government directions. The current Intermediary Rules demand various obligatory compliance checks.Since you do not possess message content or decryption keys, you should maintain verifiable technical documentation demonstrating that fact, minimise discovery metadata, secure the bootstrap database, publish an acceptable-use policy prohibiting unlawful activity, implement a mechanism to delist or block identified peers, and maintain a documented law-enforcement response procedure.

Q: In HSC Cert. the DoB is 09.12.2004 and in B C the D o B is 10.12.2004

In the High School Certificate , Aadhaar Card , Driving License the Date of Birth is mentioned as 09.12.2004 and in the Birth Certificate the Date of Birth is mentioned as 10.12.2004 . How , I will change the Date of Birth as 09.12.2004 in stead of 10.12.2004 in the Birth Certificate

Advocate Sandipan Mohanty answered
Your case requires proper scrutiny of municipal and school records before DOB correction. Please provide complete documents, as the process may involve affidavit, registrar proceedings or court remedy.

Q: How to file divorce without any issue or litigation to any party

I want to divorce to my wife, but my wife don't want to go coart and confess anything, only she wanting to sign in divorce paper at her residence which I applied (both of us need divorce but the problem is wife is not interested to indulge any activity in the divorce process and come to coart, she only says to sign in the divorce papers which I applied at their residence) is it possible with out any issues or litigation.

Advocate Sandipan Mohanty answered
Only signing papers at home is not legally sufficient. Mutual divorce requires appearance of parties before the Family Court for recording consent statements. However, limited appearance or VC or affidavit evidence etc. may be possible in suitable cases depending on the facts and other local factors.

Q: My family and my son is defamed due to activities of my daughter in la

My son married in Feb 2025 later in April 2025 stated to marriage mediator that my son is impotent over phone whose records are available with me but she gave birth to a child in march 2026 after leaving my house in her own will by giving in writing in Oct 2025 and is not returning to my house till today for which me and my family are facing more criticism by the society Legal advice for taking steps is highly solicited.

Advocate Sandipan Mohanty answered
From the facts stated, your son may have remedies under the Hindu Marriage Act, 1955, including seeking annulment/divorce on grounds of cruelty, desertion and suppression/making defamatory allegations affecting his dignity and reputation. However, mere allegations made by the wife regarding impotence will not by themselves prove the same, particularly when a child has been born during subsistence of marriage. Under Section 112 of the Indian Evidence Act, a child born during a valid marriage carries a strong legal presumption of legitimacy, which can be rebutted only through strong and legally admissible evidence, including DNA testing in appropriate proceedings ordered by Court.Since the wife left the matrimonial home voluntarily and allegedly gave written communication in Oct 2025 refusing to return, preserve all documentary evidence carefully, including her written statements, messages, call recordings (if legally obtained), mediator communications and proof regarding separation. Avoid social confrontation or defamatory exchanges with relatives/society.Before initiating aggressive litigation, it is advisable to first issue a properly drafted legal notice calling upon her to clarify her stand and resume cohabitation, failing which appropriate matrimonial proceedings may be initiated. Simultaneously, be prepared for possible counter-cases under DV Act, 498A IPC/BNS or maintenance proceedings. Therefore, the matter should be strategically handled with proper documentation and calibrated legal action rather than emotional reaction.

Q: cashless and reimbursement was denied with criminal breach of trust

Cashless and reimbursement was denied with criminal breach of trust of treating doctor and insurer.

Advocate Sandipan Mohanty answered
If denial is arbitrary or mala fide, challenge it before the Consumer Commission for deficiency in service. For alleged criminal breach of trust, lodge complaint under IPC against concerned parties with supporting medical and claim records.