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sucheta (student)     06 October 2014

Urgent query

the question is that whether discussion of an ONGOING Criminal case on a social networking site is prohibitted in IPC or Information and Technology Act?  

 

secondly whether the ones discussing the ongoing case on social networking site can be made party to that ongoing suit.

need this stuff for a project 



 16 Replies

Venkatesh Naidu Akula (advocate)     06 October 2014

What kind of dicussion?
1 Like

Sudhir Kumar, Advocate (Advocate)     07 October 2014

vague query.

1 Like

sucheta (student)     09 October 2014

Originally posted by : Venkatesh Naidu Akula
What kind of dicussion?

lets get into the facts then.. a supposed case under sections 323 and 506 of IPC and 66A of ITA was filed by a fan against an actor.. and the case number was posted on a popular microblogging site on which several fans of that actor started discussing as to why such case has been filed and so on...

now.. a few days later, the one who posted the case number, threatens all the fans who were discussing with a legal action syaing that "since you were discussing the case therefore you have also become a part of the case"  and started claiming that there is a law that can implicate all those who have discussed the case

 

my question is that can such a situation arise where people (fans in this case) discussing a case can make them party to said ongoing suit?

 

PS: as far as i know there exists no law.

plus the query may be pretty useless and vague so i have tried to make it as clear as possible

Thank You

sucheta (student)     09 October 2014

Originally posted by : Sudhir Kumar

vague query.

lets get into the facts then.. a supposed case under sections 323 and 506 of IPC and 66A of ITA was filed by a fan against an actor.. and the case number was posted on a popular microblogging site on which several fans of that actor started discussing as to why such case has been filed and so on...

now.. a few days later, the one who posted the case number, threatens all the fans who were discussing with a legal action syaing that "since you were discussing the case therefore you have also become a part of the case"  and started claiming that there is a law that can implicate all those who have discussed the case

 

my question is that can such a situation arise where people (fans in this case) discussing a case can be made party to said ongoing suit?

 

PS: as far as i know there exists no law.

AMIT (-)     09 October 2014

No, to the best of my knowledge, there is no section in either IPC or IT act prohibiting discussion of a legal querry relating to an ongoing case on a social networking site

1 Like

Sudhir Kumar, Advocate (Advocate)     09 October 2014

agreed with Amit.

1 Like

Adv k . mahesh (advocate)     09 October 2014

any one can discuss regarding the ongoing case status anywhere but final judgement is from court no such legal action is taken till date 

see in jayalalitha da case once media told she got bail through out the world everyone thought that she got bail and celebrated in chennai by offering prayers and within 15 to 30 mintues of time again the same media announced that her bail was not granted 

1 Like

T. Kalaiselvan, Advocate (Advocate)     11 October 2014

Discussing about the ongoing case o r pending case and its proceedings in an open media i.e., social networking is like making a comment on it and misguide the proceedings hence it is considered as contempt, therefore it is always better to not to discuss o the burning issue in social networks to avoid embarrassment and problems.

2 Like

sucheta (student)     13 October 2014

Originally posted by : T. Kalaiselvan, Advocate

Discussing about the ongoing case o r pending case and its proceedings in an open media i.e., social networking is like making a comment on it and misguide the proceedings hence it is considered as contempt, therefore it is always better to not to discuss o the burning issue in social networks to avoid embarrassment and problems.

definitely sir.. 

 

as i have already stated the facts in the above posts.. going by which the proceedings were definitely not discussed.. they discussion if mainly refers to a general discussions like "whether such case can be filed, or why such case as been filed..?" etc..this IMO does not form contempt of court

T. Kalaiselvan, Advocate (Advocate)     13 October 2014

What is the need for doing postmortem about the case which is already pending proceedings before a court of law.  Anything which is discussed should have a reason for such a thing, now since the case has already been taken on file by a court, it can be construed that here is a provision n law to take up such cases for trial unless, the case would have been rejected ad-initio.

Besides, the discussion about it in a social networking site by so called fans is their ignorance of law, if they were were aware of legal implications, nobody would have dared to discuss such thing in an open forum for the fear of being implicated in the case unnecessarily.   Thus it is better that you too may  stay away from clarifying any doubts in this regard in the name of discussion.  There are lot of things awaiting your personal attention, concentrate on them.

1 Like

sucheta (student)     13 October 2014

Originally posted by : T. Kalaiselvan, Advocate

What is the need for doing postmortem about the case which is already pending proceedings before a court of law.  Anything which is discussed should have a reason for such a thing, now since the case has already been taken on file by a court, it can be construed that here is a provision n law to take up such cases for trial unless, the case would have been rejected ad-initio.

Besides, the discussion about it in a social networking site by so called fans is their ignorance of law, if they were were aware of legal implications, nobody would have dared to discuss such thing in an open forum for the fear of being implicated in the case unnecessarily.   Thus it is better that you too may  stay away from clarifying any doubts in this regard in the name of discussion.  There are lot of things awaiting your personal attention, concentrate on them.

a very many thanks.. won't say a post mortem but sheer curiosity when something like this came to notice which co incidently also forms a part of my project on Law and Social Media 

T. Kalaiselvan, Advocate (Advocate)     13 October 2014

If you are doing a research project on the subject, better observe everything as it is and discuss the issues privately from knowledgeable persons which my help you analyse the pros/cons in depth and can generate a proper opinion to make your project effective, all the best.

1 Like

Adv k . mahesh (advocate)     14 October 2014

discussion in the social media or social networking sites make more focus on the subject and there does not arise about disobeying the legal system is false 

since couple of years lot of big wigs cases have arised and lot of curiosity among the public is being talked 

even this is a public forum how can any one discuss about a ongoing case and how a  knowledgeable persons are answering the query when in one answer says about should not discuss and again the same knowledgeable persons are answering the same query 

1 Like

sucheta (student)     14 October 2014

Originally posted by : T. Kalaiselvan, Advocate

If you are doing a research project on the subject, better observe everything as it is and discuss the issues privately from knowledgeable persons which my help you analyse the pros/cons in depth and can generate a proper opinion to make your project effective, all the best.

thank you very much sir for your kind guidance


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