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ASHISH ARORA (SELF EMPLOYED)     05 May 2010

OBSCENE MESSAGES AND CALLS

I have been receiving obscene messages and calls on my mobile phone..

What actions as per law can be taken against the sender..

Can an FIR be registered against him and what is the quantum of punishment as per Law..

 

Kindly advise..



 14 Replies


(Guest)

1. inform police and file a complaint OR

2. apparently you may also download lot of free call filter tools onto your mobile to avoid receiving such unwanted calls. OR

3. change your number if its okay with you and see if the problem persists. If it does then go for any of the above  solutions

 

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     05 May 2010

yes, you can lodge FIR against him in the police station near you or Cyber Crime Cell...  and according to law

 

66 A Punishment for sending offensive messages through communication service, etc

Any person who sends, by means of a computer resource or a communication device,-

a) any information that is grossly offensive or has menacing character; or

b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,

c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

1 Like

Jibanananda Goswami (APO (Temp))     05 May 2010

According to my experience, police do nothing on such complains. (at least for common people). I am asking for the next step if police is not active. I have my special solution. Post the number that calling you to some special sites. As this is a forum of lawyers, I will not be more clear. You also can send me the number to me as private message. Then forget about it. You will be not responsible for my action. First go to the police and lodge a complain. If no action is taken, let me do the next.

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     05 May 2010

@ Mr. Jibanananda... what u gonna do please spefify.. as per my knowledge u r nither lawyer or in police or FBI..  nor you have any special powers to take any kinda step in this case.. it's a legal matter.. police may be slow but they do take care of this kinda cases...  better let him go to police if police is not active in this case he can go to any cyber crime investigator or the person who in investigator or any agency....

2 Like

Gundlapallis (Advocate)     06 May 2010

If police is not registering the your complaint, you can file your complaint directly in the magistrate's court - consult a lawyer.  The court will direct the police to investigate.

Sanjeev Panda (Advocate)     08 May 2010

As suggested by Kartikeya Section 66A IT Act is squarely covered to the offending act of sending obscene messages and calls via mobile phone. Further, Section 67 IT Act is also made out as there is obscenity angle. The police do register the complaint, if it is well drafted making out a cognizable offence. Further, if the police do not register the case, there is a option, you can get the same registered through court under Section 156 (3) Cr.P.C.

sreenath cochin (advocate)     08 May 2010

of course u must file a complaint before police first..then comes rest.....they nwil do wat they can do

Parvesh (AIA)     24 May 2010

You can also file a complaint through your state's human rights committee that the police are not taking the complaint.  That should get some sort of action.

Alapati Prasad (Engineer-Business-Lawyer)     05 September 2010

first approach the police station nearest to your residence for lodging a complaint and a take a receipt of your complaint.  Police will file FIR. Take the copy of FIR and apply to the Cellphone provider alongwith the copy of FIR for message or time schedule of cell conversation. Soonafter receipt of the information from cell phone provider you can submit the same to the Police for necessary actioon.

If police do not file FIR, then approach an advocate to file a complaint in the court of Magistrate.  In the court, it will be asked, whether you have lodged a complaint with police or not. But act fast, soonafter u receive a call or message. Do not delay.  Do not erase message or voice recording from ur cell phone. Take a copy of the message  or  conversation in a C D and write the matter in your own handwriting or typed, as in the message or conversation on paper .  Produce the C D and written matter alongwith the receipt obtained from the Police station through your advocate.  Then court will order the police to investigate.  PLEASE DO NOT ERASE THE MESSAGE OR VOICE RECORDING FROM YOUR CELL PHONE. 

Viswanath (Student)     30 September 2010

A complaint can be filed u/s 67 of IT Act,2000

sunil ravindra sood (engineer)     28 December 2010

but how long v can take to file FIR whether v can do so even if v dont have any recording of such calls

sunil ravindra sood (engineer)     01 January 2011

Will the mobile companies provide any  call recording details if we request them so for providing proof to the police For lodging FIR

SV (NA)     07 September 2013

Hi Jibanananda Goswami,

I have lodged FIR against my extranged wife of 2.5yrs for obscene and threatening SMS however it's been 2 months nothing happened as Police say she stay in other state which is far. My estranged wife after filinf 498a, DVC, RCR is now with Obscene SMS. I followed up for 10 times withe the SHO still nothing happened. Always I was given verbal assurance and said will take it soon. Pls guide me how to proceed.

Helpless

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     05 November 2013

you can file private complaint to magistrate if police is not supporting you... contact local lawyer...


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