Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ajayd   27 November 2016

Cell phone abuse

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..... 



Learning

 5 Replies

b.goheel   28 November 2016

serious offence. do not waste time. consult lawyer and police.

ajayd   28 November 2016

They made complaint at the police. But police told they cannot do anything other than provide the details of the sim owner which they send after an RTI application.

 

Cosulted a lawyer, he is confused. Can anyone tell which IPC .


(Guest)
Originally posted by : ajayd
They made complaint at the police. But police told they cannot do anything other than provide the details of the sim owner which they send after an RTI application.

 

Cosulted a lawyer, he is confused. Can anyone tell which IPC .

Consult able advocate who deals with criminal cases.

Pawan S (06292021602) (Advocate)     01 February 2017

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.
 

mahendra limaye (Cyber Legal Consultant)     17 February 2017

Need to know more details.354 D under IPC and if vulgar/obscene language is used 67/67A of I T Act are applicable.All are cognisable offenses and police need to be educated.Could contact on 09422109619.


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