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Ajit Patnaik   17 August 2022

writ petition filing

Hello professional colleagues

I want to know from you that is hacking someone a fundamental right restriction ? my online profile is hacked by hacker .can writ petition be filed to high court or supreme Court under article 226 or 32.Since such private entity discharges public functions .whether writ petition will be accepted by court considering there is a violation of fundamental rights .


Learning

 3 Replies

Dr J C Vashista (Advocate)     18 August 2022

You may move Supreme Court under Article 32 of the Constitution of India for infringment of fundamental rights.

Anusha Sharma   19 August 2022

Section 43 and section 66 of the IT Act cover the civil and criminal offenses of data theft or hacking respectively.

Under section 43, a simple civil offense where a person without permission of the owner accesses the computer and extracts any data or damages the data contained therein will come under civil liability. 

Section 66B covers punishment for receiving stolen computer resource or information. The punishment includes imprisonment for one year or a fine of rupees one lakh or both.

I hope it helps

Kartikeya Yadav   13 September 2022

Hacking is absolutely illegal and unethical under the Indian Legal System. Hacking is a crime as given under the Information and Technology Act 2000. It is absolutely a violation of the Fundamental Rights given to you by the Constitution of our Country. You should also lodge an F.I.R. with the nearest police station and a complaint to the Cyber Cell of the Police Station. As per, Section 43 of the Information Technology Act 2000, Hacking a Social Media account of any person is an illegal act in the eyes of law. Also, Sec. 66 of the IT Act 2000 talks about the punishment for the act done under Sec 43 i.e. hacking. The punishment includes, imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.
In the landmark judgement given by the apex court in the case of Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018. The Court held, that Right to Privacy is a Fundamental Right. As, in your case, by hacking its a breach of your privacy. You can file a case under the apex court directly as your griveance falls under Article 32 of the Constitution of India which simply allows the citizens of our country to directly move to the Supreme Court for the violation of any Fundamental Right.
I hope, I solved your query.


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