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swatikulkarni   27 August 2017

Punishment for violation of article 21 for privacy?

What is punishment (CRPC) for violation of Article 21 of the Constitution for Privacy please?

Thanks in advance!


 5 Replies

Siddharth Srivastava (Advocate)     27 August 2017

You can sue the person and can claim damages.

swatikulkarni   27 August 2017

Under which sction? (CRPC)?

S.B.adil rahman (Legal Consultant )     28 August 2017

Hello! Your question is incomplete. You have to first see that what type of privacy has been violated? If there is specific act of violation which is mentioned in Indian Penal Code or in Minor Acts or under local law of your State then the offence can be punishable in that section after prosecution. If there is no such specific violation mentioned in the books of law then you have to resort to Writ Petition under Article 226 in High Court or under Article 32 before the Apex Court . The next easy affordable way is to go for civil remedies after serving Notice on the Offender/Respondent under section 80 CPC. There is no case under CR.PC as mentioned by you.

1 Like

dr g balakrishnan (advocate/counsel supreme court)     29 August 2017

sorry you have not mentioned under what reasons you say your issue is falling under Art 21? without that clear position, none can rightly advice you mdm .

swatikulkarni   29 August 2017

S.B.adil rahman sir
Thank you for such nice response. My financial information (Bank details with important transactions) is used in one of the court matter. Bank refused that they provide such information. May be information was stolen from internet (Net banking). I am filing criminal case as per information technology act. I will use user guidelines given above.

Thanks again!

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