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indianzindian (business)     17 December 2010

mail hack and defamation

what strong action can be taken against somebody who hacks a mail and also sends bad remarks about a person (can he be sued or taken to police what are the chances that person will be prosecuted on basis of crime said) expert advise solicited... 



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 6 Replies

PALNITKAR V.V. (Lawyer)     18 December 2010

File a complaint with cyber cell. It is a cyber crime and invites severe punishment. Also file defamation proceeding to claim damages.

Sanjeev Panda (Advocate)     21 December 2010

The offence is covered under Section 66 read with Section 66A of the Information Technology Act and the offences are cognizable. File a FIR with police.

1 Like

amit (HR EXECUTIVE)     23 February 2011

The case is of hacking of my e-mail and chat ID. After hacking the person spread obsene and vulgar things using my id. I filed an FIR. Police caught hold of the guy and charged him with hacking and defamation.In defense he took the plea that evidence( my computer) cannot be regarded as evidence.Also he has log book entries that he was in an embassy at chanakya puri that day. The court actually acquitted. Can i move the Delhi High Court now? And if yes what arguments shall i put forward? Please help...What if he pleads that Delhi High Court does not have the jurisdiction to try the case. It should have been tried under the cyber tribunal...
 

Sanjeev Panda (Advocate)     24 February 2011

As a complainant you can file appeal against acquittal of the accused by seeking special leave from the High Court as per the provisions of the Section 378(4) Cr.P.C. The nature of allegations suggests that the offences u/s 67 IT Act or 67A IT Act depending upon the gravity of the obscene materials, is made out and I wonder why it has not been invoked in your case, when you have alleged that he spread obcene material. I have to go through the case to come to a definite conclusion. The jurisdiction of the Adjudicating officer under the IT Act is made out only in cyber contravention cases as mentioned u/s 43 IT Act (10 such acts are mentioned in Section 43 ITA), which is not your case. The cyber appellate tribunal is an appellate tribunal which hears appeal against the orders of the Adjudicating officer and it has no original jurisdiction.

We are dealing and specializing in cyber law cases pursuing cyber crime cases in Delhi Court and cyber contravention cases in IT Court and Cyber Appellate Tribunal at Delhi. Please let us know in detail about your case, so that we can give a precise opinion.

 

chankya das chatopadhya haryan (sdfgh)     08 March 2011

mr. sanjeev the information u provided is to the point and i agree with u but, this is an imaginary moot court case and these people are seeking ur help for making their life simple. so please don;t help them.

amit (HR EXECUTIVE)     09 March 2011

Dear Sanjeev Sir,

Thanks a lot for your help. Only with the help of elders like do we students recieve the courage to study further and excel. With all due respect to Mr. Chankya Das, i would like to re-interate that in a specialised field like law, you cannot move forward with out someone guiding you. In todays world teachers are a far distance away from those days when teachers used to call children at their homes to teach some extra that they score a little morw in their boards.Law teachers hardly discuss the subjects properly in the class. So we are left at the mercy of circumstances. It is with senior lawyers that we learn and get the desire to join the bar. Or else you can see the corporates have conquered the law schools and all that the law students desire is join any law firm and get a few lakhs. Where will the common man go? Cyber Law is very new field and there has been not many judgements and discussions, it is with this background that i humbly asked for help.

Hope you won't mind these few lines, we are eagerly learning from you.I will be happy to receive any further guidance from you seniors.

 

Regards,

Amit.


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