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arijit (Management trainee)     09 March 2011

Cyber Crime

 

Dear All,

Please help me out in this matter.

An e-form -32 of Companies (Central Government's) General Rules and Forms, 1956. w.r.t. resignation of a Director has been filed without his knowledge. His signature in the resignation letter is also forged. Now what sort of legal action can we take under different Cyber Crime Prevention Acts, Information Act, 2000 and further Amendment thereto against the parties who has digitally signed the forms.

Request for your comments at the earliest.

Thanking you in advance…



Learning

 4 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     09 March 2011

yes you can go with cyber crime.

 

Sec 73. Penalty for publishing electronic Signature Certificate false in certain particulars

(1) No person shall publish a Electronic Signature Certificate or otherwise make it available to any other person with the knowledge that

(a) the Certifying Authority listed in the certificate has not issued it; or

(b) the subscriber listed in the certificate has not accepted it; or

(c) the certificate has been revoked or suspended, unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Sec 74 Publication for fraudulent purpose

Whoever knowingly creates, publishes or otherwise makes available a Electronic Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both


Relevant authority is Judicial Magistrate First Class .

you can also complain to

1. Controller of Certifying Authorities (CCA)
2. Person authorised by CCA
3. Police Officer not below the rank of Deputy Superintendent


1 Like

arijit (Management trainee)     10 March 2011

Thanks a lot for your advice. Really appreciate it.

Sanjeev Panda (Advocate)     12 March 2011

I have examined the relevant legal provisions, and in my opinion it attracts the following penal provisions of Indian Penal Code as well as Information Technology Act, 2000

Section 420 IPC for cheating

Section 468 IPC for forgery of electronic documents for the purpose of cheating

Section 471 IPC for using as genuine forged electronic document

Section 66 Information Technology Act for altering any information residing in any computer resource (read MCA Server) with dishonest and fraudulent intention to remove a person from the directorship by forging E-Form No. 32 which alters the information in MCA database.

Section 66C IT Act 2000 for fraudulently or dishonestly making use of the electronic signature, or name of the person or any of his unique identification feature

Section 66D IT Act 2000 for cheating by personating the director by means of filing forged E-Form 32 with the MCA server which is computer resource

arijit (Management trainee)     14 March 2011

Thanks a lot for your reply...


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