Ipc 66a
Querist :
Anonymous
(Querist) 01 October 2011
This query is : Resolved
Cyber Crime Police filed a case against my cousin under IPC 66A, and sealed her laptop.
Is it mandatory to seal devices like laptop under this act. Kindly update.
Should we apply in high court under section 482 against it?
Thanks
Shonee Kapoor
(Expert) 02 October 2011
Hmmm,
Yes, police has the powers to seal devices under this act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 02 October 2011
yes under information technology act 2000(amended 2008) the police has to seize the computer peripherals involved in commission of offence. instead of quashing you can file a petition under 451 of Cr.P.C for interim custody. 482 cannot be ordered as a matter of course. it will be detrimental against your cousin.
Biswanath Roy
(Expert) 02 October 2011
Police rightly sealed the laptop for the purpose of investigation and in accordance to Code of Criminal Procedure. If you challenge it in the High Court your petition will fell and the accused will face trouble.
prabhakar singh
(Expert) 02 October 2011
"laptop" being connected with crime could be sealed under authority and the accused has no right to object,your 482,if invoked, shall fail.you can apply for its release by SUPURDAGI in your favor on under taking that as and when required,you shall produce it,there may be an objection against your such release that you may temper the hard disk to wash the evidence it contains,in
which case you should offer to take it without its old hard disk to remain in custody of prosecution till final trial of case..
prabhakar singh
(Expert) 02 October 2011
But all that is told can happen only BY INVOKING JURISDICTION OF TRIAL after completion of investigation whether by charge sheet or by FR.
Shastri J.K.
(Expert) 02 October 2011
I agree with opinions of experts.
Guest
(Expert) 02 October 2011
Naturally it is only the data on laptop that can prove whether defamation and creation of annoyance through cyber content was made or not. If the laptop is not sealed by police, the data and the goodies pertaining to the concerned site can easily be tampered/deleted to destroy the proof.
R.Ramachandran
(Expert) 02 October 2011
Mr. Anonymous got a very useful answers for his query.
Raj Kumar Makkad
(Expert) 02 October 2011
I do agree with almost common replies of all experts.
Querist :
Anonymous
(Querist) 05 October 2011
Thanks to all for replies. Some more information I need here
1. FIR has filed in Dec 2010, and raided her in June 2011, they arrested her and bailed immediately. Investigation is still going on, is there any time bound for investigation?
2. Investigation officer is working in influence of second party, and harassing her family continuously, can we apply for investigation by some another officer? if yes, to whom we should submit the application for it? please reply.
Again thanks to all.
