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vegfemnat   03 July 2020

Rape threat on social media

My friend was recently terrorised when a former associate of her went live on Facebook and threatened to rape her among many other vulgarities. The culprit deleted the video the next morning. However the live video was downloaded as evidence. She reported it to the National Cyber Crime Cell along with the videos as attachments. The National Cyber Crime Cell rejected the application saying since the video has been deleted from the culprit's profile, it cannot be verified and therefore they are unable to do anything. My question is is this true? Why would cyber crime cell have no procedure to retrieve those deleted videos? That really makes the cyber crime cell an extremely inefficient organisation. A crime can be done and then just deleted in the time it takes to report and get attended to. And second question what can my friend do now?


 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 July 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Molesting, Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


1 Like

Nihal Thareja   03 July 2020

Hello sir,

The deleted data from Facebook can be retrieved in case it is required for the usage of the courts under the following provisions:-

Section 69 of the IT Act provides the government with the powers to issue directions for the interception, monitoring or decryption of any information through a computer resource.

Section 69(3) of the Act conveys that the subscriber or intermediary or any person-in-charge of the computer resource shall when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to–

 (a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or

 (b) intercept, monitor, or decrypt the information, as the case may be; or

(c) provide information stored in computer resource

Section 69B of the IT Act contains provisions as to how this can be done.  According to Section 69 B (1), the Central Government has the power to authorize any agency to collect data from any computer source, by carrying a notice out in the Official Gazette of India.

Section 91 of the CrPC empowers the Courts or any officer in charge of a police station to ask anybody for any document or any other ‘thing’, or summon any person with such a document or thing in the court.

Now in order to seek remedies in Law after the concerned officer in charge refused to register your complaint, you can approach the Superintendent or the Commissioner of Police under s154(3) whereby he may investigate the case himself or give directions to his subordinate to register the FIR and initiate an investigation in the matter.

Alternatively, the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

Under section 166A(c) of the IPC, if the Public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to a cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code, he is punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.


Hope I was able to solve your query


1 Like

K.C. Girish Chandran   03 July 2020

what are the evidence collect to posco case

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