Cyber crime

This query is : Resolved 

03 April 2012

Respected Seniors,

What are the remedies available to a person who is a victim of impersonation in a Social Networking Site (Facebook) in Kolkata ?
What is the procedure available to the victim for lodging a complaint ?

The accused impersonated the victim by commenting in a filthy way in the chat section of the facebook about the victim and about his wife to the victim's friend ?.

Except Section 416 & 499 of The IPC, 1860 and 66D of the IT Act , 2000, what are the other relevant sections under any other Act by which the accused can be convicted ?

Waiting for the valuable suggestions and Thank you in advance.

Shonee KapoorOnline (Expert)
04 April 2012

1. You should give a complaint to local PS citing all facts.

2. The PS would add all sections which would be attracted in the complaint.

3. If you are moving court, the advocate would put appropriate sections.


Shonee Kapoor

Nadeem QureshiOnline (Expert)
04 April 2012

Dear Rajdeep
i agree with Mr. Shonee

Raj Kumar MakkadOnline (Expert)
04 April 2012

We need not mention any section in the complaint to police rather have to write only facts which constituted the alleged offence and rest depends upon the investigating officer.

04 April 2012

Computer crime refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers to criminal exploitation of the Internet. Cybercrimes are defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)". Such crimes may threaten a nation’s security and financial health. Issues surrounding this type of crime have become high-profile, particularly those surrounding cracking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.

Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Activity crossing international borders and involving the interests of at least one nationstate is sometimes referred to as cyber warfare. The international legal system is attempting to hold actors accountable for their actions through the International Criminal Court.

Ajay Bansal (Expert)
04 April 2012

As per section 81 of I.T. Act,action can be taken only in sec 66 of I.T. Act.

Rajdeep Sanyal (Querist)
04 April 2012

Thank you Experts for your comments.
As per your sayings, I will do that only.
But When i shall be in need or at what stage i should appoint a lawyer ?

And Ajay Bansal , Can you please establish the relation between Sec 66 and Sec - 81 of the It Act 2000.
Can u please elaborate the Sec - 81 of the I.T. Act, 2000 ?

Thank you again Sirs.

C. P. CHUGH (Expert)
05 April 2012

Dear Rajdeep,
I feel you must engage a lawyer at the earliest. He can help you draft a proper complaint and as you must be aware, a well drafted complaint is first step to success. An ill drafted complaint can ruin your otherwise deserving complaint into ashes.

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