chitranjanbose 31 August 2016

False fir u/s 156(3) in cybercrime

Police has filed FIR against my friend U/S 156 (3) in cybercrime police station in Siliguri (WB) and cyber police has registered it U/S 65, 65-B and 72 of IT Act. Now i am having few questions:

(1) Can police directly arrest him?

(2) My friend is having all the proofs that he is not in guilty. Can police investigate first before taking any action?

(3) Are the section are bailable on the spot? I mean in police station itself?

(4) What is the best way to comeup clean in this situation?

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4 Replies

ADVOCATE NITIN KAPOOR (Advocate) 31 August 2016

Please Correct your Information... F.I.R can't be filed by the police under Section 156(3). It must be order of the Magistrate to investigate the matter. However, abovesaid Section is non-bailable. You shall go for Anticipatory Bail.

Regards,

Advocate Nitin Kapoor

Mob: 8800692624.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 31 August 2016

Section 65 of IT Act is cognizable and non-bailable.

Please apply for anticipatory bail u/s 438 CrPC to avoid initial harassment.

https://www.facebook.com/RockySmith4Calcutta/

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 31 August 2016

There is a recent judgement of SC for no automatic arrest for offences punishable less than 7 years. You can get it from google and use for your anticipatory bail petitions.

https://www.facebook.com/RockySmith4Calcutta/