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bharat (CEO)     24 March 2015

Offensive messages through e-mail

I have filed a complaint under Section 66A of IT Act for defamatory and offensive e-mail received by me, on my personal e-mail ID, from an unknown person. The same was in Cc to some of my relatives. Now today, SC has scrapped the law.

What other sections would apply to this so that, I could request the police department to change sections in the FIR.

Bharat Arora



Learning

 3 Replies

Santosh Kumar Tiwari (advocate)     24 March 2015

You can file written complain before MAGISTRATE but if you are a public servant then file complain before SESSIONS court u/s 499 and any one Sec from 500-502 of IPC.

R.G. Singh (Intern)     25 March 2015

Bharat ji,

Without looking at the “obscene” messages, it is not erudite to comment on the sections which can be charged. Few of the sections which may be charged are

 

67a –s*xually explicit material transmitted electronically

66e- Violation of Privacy (if material has you or your morphed images/voice etc)

67b –if the s*xually explicit material has children

IPC 268, IPC 499/500

 

Apart from this there are civil remedies, which include compensation.

 

 

The list is just indicative and not exhaustive and I would suggest you take it to your legal counsel for a thorough advice.

mahendra limaye (Cyber Legal Consultant)     28 March 2015

If it contains any obscene words you can use sec 67 and if someone else's identity is used then 66c or d can be imposed.


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