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BK (ABC)     24 September 2011

Sex video published by boyfriend

Hi,

I am writing on behalf on my friend who lives in a small town and needs immediate advise.

My friend's sister, age 16 was having an affair with a boy from the same town, the boy along with her sister and two frineds called the girl to her home and got intimate with her and got into a s*xual relationship, the boy and his friends had installed hidden camera in the house and the entire incident was captured in the hidden camera. The girl was unaware about the hidden camera.

Now the boy has made a one hour video and published the same in form of CDs, MMS and video clips and is selling these videos freely to his friends, local cyber cafes and other mobile users.

This incident has shocked my friend's family and they are completly cluless and helpless on what to do now. Being from a small town and not very educated, they are trying to face their face from the society. 

Please advise as what should they do now and how can they take action against the boy who has cheated her and also stop the video from spreading? Also suggest what all penal code, cyber acts can be applied against the boy? How much time would the entire legal (Police, court) process take?

The girl has two small sisters and her parents are afraid that the legal proces migth take long and may affect her sister's marraige, etc.

Please advise at the earliest.

Thanks

BK

 

 

 

 



Learning

 6 Replies


(Guest)
You haven't mentioned the age of the girl's boyfriend. If he is major "all rape by consent" section's can be applied. In addition defamation clauses are there.

Tajobsindia (Senior Partner )     24 September 2011

1. Involve first of all her FATHER. He should come out in public and seek Legal remedy over a friend here asking us legal remedy (legal remedy do exists which is besides the point at this stage)

 

 

Unfortunate similarities exists to your posts and below recent NEWS items from Orissa!

 

PTI Sep 5, 2011, 10.00pm IST

 

BHUBANESWAR: Agitated over her father's claim that she featured in a p*rn CD, a

college girl on Monday slapped him in full public view outside the office of the State Commission for Women here.

 


As he lodged a complaint with the SCW alleging his daughter was being 'misused' by a man, the 18-year-old girl appeared before the SCW office in the company of that man and asked her father to withdraw the complaint, police said.


Though the girl claimed the man was her brother-in-law, the father denied it and alleged "he is using my daughter in making x-rated CD".

 

Saying she could not take such slur any more, the girl slapped her father several times.

 


"I have committed no mistake. A father having no respect for his daughter should thus be slapped publicly," the girl said.

 


"My brother-in-law looks after me like his own daughter and my father's allegation lowers my dignity as a woman," she said.

 


The father also submitted a CD to the commission seeking a probe into the matter.

 

 

Link to news post:

https://articles.timesofindia.indiatimes.com/2011-09-05/bhubaneswar/30114892_1_college-girl-full-public-view-father

 


(Guest)

Dear BK,

 

Since this is a sensitive issue I suggest you get in touch with the National Commission for Women in your town or city. They would be able to guide the family and make some counselling available to the victim which would be helpful in such a situation.

 

Apart from penal provisions under the Indian Penal Code such as outraging the modesty of a woman and defamatation, Section 67 of the Information Technology Act would be applicable. The Section provides for penalty in the form of imprisonment and fine for publishing of obscene information in electronic form.

 

Unfortunately, the legal process in our country could be frustrating for the time it takes to bring the guilty to justice however not filing a complaint would be equivalent to allowing such criminal behaviour without any deterrance. In such cases the police may not disclose the identity of the victim and the court proceedings are also likely to be closed door.

 

Hope this helps.

 

Abhinav Bhalla

BK (ABC)     24 September 2011

 

Hi,


I am writing on behalf on my friend who lives in a small town and needs immediate advise.

My friend's sister, age 18+ was having an affair with a boy from the same town, the boy along with her sister and two frineds called the girl to her home and got intimate with her and got into a s*xual relationship, the boy and his friends had installed hidden camera in the house and the entire incident was captured in the hidden camera. The girl was unaware about the hidden camera.


Now the boy has made a one hour video and published the same in form of CDs, MMS and video clips and is selling these videos freely to his friends, local cyber cafes and other mobile users.


This incident has shocked my friend's family and they are completly cluless and helpless on what to do now. Being from a small town and not very educated, they are trying to face their face from the society. 


Please advise as what should they do now and how can they take action against the boy who has cheated her and also stop the video from spreading? Also suggest what all penal code, cyber acts can be applied against the boy? How much time would the entire legal (Police, court) process take?


The girl has two small sisters and her parents are afraid that the legal proces migth take long and may affect her sister's marraige, etc.


Please advise at the earliest.


Thanks

BK

Both girl and boy are adult


(Guest)

BK how 16 year old girl is adult?

@ tajobindia,

BK came here to seek legal remedy from prudent lawyers .But you avoided the original que and distracted the matter to some other way...Why??

Suppose BK be the father of the girl of the news you have mentioned.But does it disqualify him from getting a proper reply?

BK (ABC)     06 October 2011

Thanks Abhinav & Goodgirl for the right guidance and advise, I can now comfortably ask anyone to reach this forum if they need any leagl advise.

The girl was under 18 years when the incident happened but now when the video was publishes she is over 18 years.

Based on your advise the girl's father has not lodged a police complaint and the case has started (5 people arrested, but the main culprit boy and his family still absconding), will let you know incase the girl's family need any further advise / guidance on this.

Thanks again

BK

 


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