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ajayd   30 November 2016

Abuse over mobile phone

My friend Y was abused over cell phone by a lady X. The X insulted his mothers chastity and modesty. X also told that Y lives by selling the chastity of his mother. Finally X told Y to go and suicide after telling many insults. Luckily Y recorded the conversation. What legal action can Y take. Which is the IPC. Please reply....

 



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 5 Replies

Kumar Doab (FIN)     30 November 2016

Let your own counsel listen to the recordings first.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 November 2016

S. 509 IPC. And also separate case for criminal defamation u/s. 499 IPC
1 Like

ajayd   01 December 2016

will 509 ipc stand if the woman does not directly hear it.

Pawan S (06292021602) (Advocate)     01 December 2016

In India, section 66 A of the Information Technology Act, 2000 provides for the punishment of 3 years & with a fine for the person who sends by means of a computer resource or a communication device (includes Cell Phone), 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 Communication device.

 

Along with this section 500, 506 & 509 Indian Penal Code is attracted by her act of abusing you & your mother on the cell phone. 

(I am not so sure, that whether 509 IPC will stand or not, as she abuses you directly instead of your mother (woman).) But, you can try this section too.

The court will discard, if the court found this section (509 IPC) irrelevant.

 

Remember 500 IPC & 506 IPC are Non-cognizable, so the police/court may or may not take the cognizance. It depends upon the situation & moreover the proof or evidences you provide. An un-tampered electronic recording on recording device is a valid evidence which easy to capture as many of us have mobile phones that can record.


Hope this information covers the facts of your case for which you can contact Cyber Cell of the local Police of your State/City and if they refuse or fail to register FIR against the person move the local court for making direct private complaint against the person.

2 Like

Sudhir Kumar, Advocate (Advocate)     03 December 2016

action is possible.


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