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Cyber crime

(Querist) 12 March 2014 This query is : Resolved 
Dear Experts
Greetings,

Pl. let me know if some body opened in others woman name the face book account uploaded the obscene pictures & messages.

and booked a complaint u/s it 66a against that person who opened the fake face book account.

how long it will take the evidence for police and what is the punishment

Thanks a lot
Nadeem Qureshi (Expert) 12 March 2014
Dear Querist
there is no specific time period for police to collect the evidence, it is completely discretionary power of police.
regarding the punishment you read the below mention section

66A. Punishment for sending offensive messages through communication service, etc.

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 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, shall be punishable with imprisonment for a term which may extend to three years and with fine.



Explanation.— For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video and any other electronic record, which may be transmitted with the message.

adv. rajeev ( rajoo ) (Expert) 12 March 2014
Time cannot be said in the usual course it come for the evidence.
Guest (Expert) 12 March 2014
Depends upon time taken in proper investigation to the satisfaction of the investigating agency and thereafter time taken in trial. No fixed limit, can be years together.
Rajendra K Goyal (Expert) 12 March 2014
No fix time can be guessed, depends upon the circumstances.
R.K Nanda (Expert) 12 March 2014
no more to add.


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