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SV (NA)     17 July 2013

Fir filed for threatening obscene sms

1. Pls explain the procedure after filing FIR under Sec-66A of ITA for threatening obscene SMS spoiling a girl's marriage. Phone number is verified and belongs to accused as observed.

2. What are the consequences for accused who sent such SMS if she is in Central govt job?

Police have filed FIR 10 days and nothing has been done as P.S says they have submitted to CP office have nothing to do as Cyber PS has to investigate. Kindly educate the proceduree. Thanx, SV



 3 Replies

mahendra limaye (Cyber Legal Consultant)     17 July 2013

The procedure for filing complaint is as below.

 

Take the print outs of all obscene messages and file a written complaint under section 66A of I T Act to the concerned police station.As offence is cognisable police must file a FIR.

The penalties are jail term upto three years and fine.As jail term is three years the accused may lose government job if found guilty.

The Cyber cell will have to be persuaded to speed up the investigation like obtaining message logs from service provider etc.As police are not used to Cyber Forensic investigation the teething problems will be certainly there and only your constant follow up of matter will provide fast relief.

Adv. Chandrasekhar (Advocate)     17 July 2013

As per the latest Supreme Court judgment, even after registering the  FIR, only after direction from D.C.P. rank officer, the arrest can be made in Section 66-A of IT Act.

SV (NA)     19 July 2013

Thank you so much both of you Sir for the valuable comments.

In this case FIR is filed on Sec-66 of ITA 10 days back however, Cyber P.S still did not receive copy and even after handed over FIR copy no action has been taken. Should I approach DCP office to enquire on this or approach Cyber P.S again. What should one do in this case? Kindly suggest what does one do as the accused stay far in Delhi from Andhra Pradesh.

Thank you once again


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