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dec17 (student)     26 December 2010

cyber law commenting on photos with obusive language

hi all

commenting on photos  of facebook with obusive language by husband can be included in 498a and including with this sections any other sections is applicable to this



Learning

 2 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     31 December 2010

 

Section 499. Defamation

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.

Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Online Defamation

Sec.500, 509 IPC


also (If necessary)

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.

Sanjeev Panda (Advocate)     14 January 2011

Yes, technically, commenting on facebook profile or photos of wife with abusive language can amount to cruelty and attract Section 498-A IPC. Additionally as suggested by Kartikeya, my friend the provisions of Section 499 IPC (defamation), Section 509 IPC is attracted. Further, Section 66A IT Act is also attracted.


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