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Anya Sood   05 August 2019

Verbal attack, harassment on wtsapp

Every second day on wtsapp people start fighting regarding stray dog topic. Thought process clash happens between dog lovers and dog haters, some make very harsh comments against the dog lover supporters sometimes it's no less than threatening, some fabricate the animal laws, usually we avoid it. But if someone is verbally attacking, publicly shaming, mocking, and threatening. What can we do against such people? It is really mental harassment and insulting at times. Please guide about the laws and sections which can help in such scenarios. Thank you


Learning

 2 Replies

Abhishek Das   09 August 2019

 In my opinion, cyberbullying has three major components:

  1. Usage of teasing words which are extremely harsh for the victim
  2. Motive/intention to cause deep embarrassment, harassment and public insult to the victim
  3. Conveying the same via information communication technology and digital communication technology

A person can complaint directly to a jurisdictional police station, or approach Cyber Cell, by writing a application addressing, head of the department. The complaint should contain the name, address, e-mail address, contact details and details about crime committed. Must receive and acknowledge receipt of the complaint, as this will help you to know the status of your complaint.

Incharge of the police station appoints the investigation officer for every complaint, the complaint and the evidence are inspected by the investigating officer and if necessary, the statements of the concerned persons are recorded. If the complaint is found correct, FIR is registered and further proceedings are done. If no action is taken by police station or cyber cell or you are not satisfied with the action taken by police, further complaint can be made to SP Office and DIG Office.

IT act and indian penal code empowers a citizen:-

Sec 66 A, of Information Technology Act.
Punishment for sending offensive messages through communication service, etc. ( Introduced vide ITAA 2008)

Any person who sends, by means of a computer resource or a communication device,-
a) any information that is grossly offensive or has menacing character; or
b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008)
shall be punishable with imprisonment for a term which may extend to two three years and with fine.

Other related sections Under Indian Penal Code:

Section 507 of IPC: Deals with criminal intimidation by anonymous communication and can be effectively used by women facing harassment and threats online, particularly rape threats. Due to the inclusion of the term ‘anonymous’, the section covers the proliferation of trolls in the virtual world. It allows a victim to lodge a complaint without knowing the true identity of the harasser.

Section 499 of IPC (Defamation): whoever by using words, signs, visible representations, makes or publishes any imputation concerning any person and intends to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said to defame that person.

Section 509 of IPC: word, gesture or act intended to insult the modesty of a woman.

 

 

Anya Sood   09 August 2019

Thank you so much for the reply. 


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