Bail under Section 67 of I &T ACT
Querist :
Anonymous
(Querist) 11 September 2010
This query is : Resolved
A case has been filed against me under section 67 of I &T Act.I had allegedly opened an a/c styled as litalidas@yahoo.co.in .My wife e-mail id is litali_das@yahoo.co.in. Some obscene materials were sent from litalidas@yahoo.co.in to one emailid whose identity is unknown.My wife alleged that she came to know of the ID from browsing history and she downloaded the obscene items and transmitted to litali_das@yahoo.co.in.She claimed that her reputation has been damaged and fileda case under section 67 of IT ACT. Police claims that they have evidence that the e-mail ID has been opened by me as it was opened from my house and accessed from different places where I had visited.
Some issues
How did she know the password?
Can the ID said to impersonate her even if the address/age does not match?
As the email was sent to only one ID can she claim to be affected party?
Is it a bailable offence?Can I go to the PS and get the bail?
In case I have to seek an anticipatory bail, can I move to a lower court or go to High Court?
Devajyoti Barman
(Expert) 25 October 2010
Yes. It is non bailable offence . You can try AB from either sessions court or high court.
