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Rahul Bhatt   26 August 2021

illegal perrsonal info extracted of govt employee

A police conistable has taken personal info of a government employee without any complaint for his benifit. Information basing his mobile number, extracted adhar card details and then his job details like joining date and Department.

what is the punishment for such crime and how long Will he be improsioned.

If a police Officer has filed a false petty case under city police act what can we do with correct proofs and how to get complaint copy. how can the police Officer be punished under crpc


 4 Replies

M V Gupta (Advocate)     27 August 2021

If the information is stolen from the Mobile phone of the aggrieved party it amounts to theft punishable under the Indian penal code as also under Section 65 of Information technology Act,, 2000. IT Act provides for prosecution of the offender and on conviction, he will be punishable with imprisonment up to 3 years or a fine which may extend up to Rs. 2 lakhs or with both.  

G.L.N. Prasad (Retired employee.)     27 August 2021

According to my knowledge, the responsibility and violation were of those officials that provided such personal information held by them in a fiduciary capacity and we can not hold a third party responsible for getting that personal information.  However, as the information seeker is a public servant and used his personal capacity by misusing his official position, a complaint can be lodged to the Inspector General of Police or online grievance portal.

Dr J C Vashista (Lawyer)     27 August 2021

Why a police constable shall collect information which are irrelevant for him / her? Unbelievable.

However, if someone has taken your (not someone else) personal information unautorisedly and illegally and you came to know that so and so has taken your information, file a complaint to area SHO, DCP / SSP.

If no action is taken by the police file a complaint to area Magistrate through a local prudent lawyer.

 

Sudhir Kumar, Advocate (Advocate)     12 January 2022

Agreeing with experts above I can add that for further advise you should narrate facts of the case.


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