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Informationtechnology act

(Querist) 12 February 2013 This query is : Resolved 
A CHARGE-SHEET HAS BEEN FILED AGAINST ME UNDER SECTION 66A/66C/67/67A OF IT(AMENDMENT ACT),2008. THE FIR WAS FILED AGAINST ME ON 23.02.2008 BY A LADY.AS FAR AS MY KNOWLEDGE GOES, THE SECTIONS CAME INTO FORCE IN DEC'08. CAN THESE SECTIONS APPLIED AGAINST ME?IS THERE NO BAR FOR GIVING RETROSPECTIVE EFFECT?

There are other charges under section 498(A),294,506/201 OF IPC.Can the entire charge-sheet be quashed? The original written complaint did not have some allegations.Can the I.O. expand the investigation based on subsequent verbal statement?
Devajyoti Barman (Expert) 12 February 2013
Yes, you are right.
Go for quashing the charge sheet in the high court.
jyoti (Querist) 12 February 2013
There are other charges under section 498(A),294,506/201 OF IPC.Can the entire charge-sheet be quashed? The original written complaint did not have some allegations.Can the I.O. expand the investigation based on subsequent verbal statement?

R.K Nanda (Expert) 12 February 2013
yes, entire charge sheet can be quashed.
O. Mahalakshmi (Expert) 12 February 2013
charge sheet which filed against you is illegal and will be quashed if you approach the Court.
Raj Kumar Makkad (Expert) 12 February 2013
Generally entire sections are not quashed rather the irrelevant and after thought sections can be got deleted and you can be provided an opportunity to go to trial magistrate and defend the case.
ajay sethi (Expert) 12 February 2013
agree with experts
jyoti (Querist) 13 February 2013
I am giving the detail for precise opinion.

A FIR was filed on 23.02.2008 alleging that two fake IDs have been created in her name and it has been used to transmit vulgar materials to some e-mails. This has denigrated her image.She has downloaded the material from the e-mail to her original e-mail and provided those evidence.She has also complained of mental harassment.

I had taken anticipatory bail. The charge-sheet has been filed on 27.06.2012 u/s 498(A),294/506/201IPC/ r/w sec 4 of D.P.Act /sec 66A/66C/67/67A of IT Act.Whether the charge-sheet can be quashed?

There are some issues also in addition to non-applicability. How did she know the password and download the material to her genuine ID?

The materials are alleged to have been sent to two e-mails. The police has been unable to trace the recipients. Since the recipients are from virtual world,how the reputation was tarnished?
Raj Kumar Makkad (Expert) 13 February 2013
You can argue this at the time of clamping the charges but merely your defence at this stage is not sufficient to cancel or quash FIR.
jyoti (Querist) 14 February 2013
Can I not argue that the section 66A/66C/66C/67/67A under IT Act came into force after filing the charge-sheet?
Raj Kumar Makkad (Expert) 14 February 2013
Yes. You can definitely argue upon this vital ground and thus these sections can be got deleted.
jyoti (Querist) 14 February 2013
I am sorry.The sections came into force after filing of F.I.R. but before filing of charge-sheet.
Raj Kumar Makkad (Expert) 14 February 2013
Even then those sections are not applicable with retrospective effect.
JANAK RAJ VATSA (Expert) 22 February 2013
any amendment to the act cannot be made effective retrospectively


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