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Rahul Das (shankey) (Accountant)     30 October 2017

Fir in case of doubt

Sir, can I file an fir in the police station on the basis of a doubt. It's not against anyone. However I am doubtful that someone is stealing my data from my phone. So if I can find some clue afterwards I can then file a proper case against that person depending upon that fir .


 7 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     30 October 2017

I think you should make a complaint under Section 66 read with 43 of the Information technology Act. Don't expect the police to investigate though.

Vijay Raj Mahajan (Advocate)     30 October 2017

FIR is registered if you have correct information about crime being committed. If you have only doubts your making complaint or providing information about someone committing crime can amount to defamation as well providing false information to public officer that can be trouble for you.

Rahul Das (shankey) (Accountant)     30 October 2017

@atul Ji but the police will not take any complaints physically. if I cannot point out any person who did it. But I want a supporting document through which if I find any clue can reopen this case against that person

SHIRISH PAWAR, 7738990900 (Advocate)     30 October 2017

Atleast you have to show that theft of data was committed. In my view mere doubt of theft is not sufficient.

Dr. Atul [9013898936] (Lawyer, Scholar)     30 October 2017

@ Bijay Raj Mahajan ji: Sir, there's no question of defamation when the complainant is not even naming anyone.

@Rahul Das: What I said was make a complaint AND don't expect police action. The police neither have the time NOR  the cpapability to go on a wild goose chase of a suspected data theft. But when you give a complaint in writing to the police today, get it stamped with a D.D. entry number, you'd have a record, a continuity in the chain of events, if and when in future the data theft of your case develops further. 

Right now, you could give a complaint with particulars why you think data is being siphoned. Of Course, police has better things to do that go on your hunch. So just get that complaint on record; point being continuity from the first instance that you suspected data theft. 

If the data theft leads to further crime tomorrow, the prosecution might ask why did you not report it before? And to that, you'd have an answer that you did.

 

 

 

1 Like

Rahul Das (shankey) (Accountant)     30 October 2017

@atul ji thanks a lot

Rahul Das (shankey) (Accountant)     30 October 2017

for your valuable reply

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