CYBER CRIME
Vishal jain
(Querist) 21 September 2009
This query is : Resolved
Hello,
I am having a matrimonial dispute with my wife. She has filed several cases against me as 498a/406 etc....
Some serious chapter is that, my wife has posted some irregular and misleading material about me on internet without my permission. She has alleged all those false allegation which are mentioned in FIR. There are many nos. of websites where these material has been posted.
My question(s) are:-
1)How should I get that person in prision as it is a cyber crime.
2)where should I complaint and how to draft the complaint or what should I write in that complaint
3)Don't you experts think that it is cruelty against me, which can be defined as mental cruelty.
4) Don't you experts think that she has runied my reputation in the society.
5) Do these above all four points can be used as base for divorce?
please provide me the reply point wise. I will be obliged.
Thankx
riven
adv. rajeev ( rajoo )
(Expert) 21 September 2009
Dear Vijay,
I think act of ur wife's is not cyber crime.
Cyber crime is : Any illegal action in which a computer is a tool or object of the crime; in other words, any crime, the means or purpose of which is to influence the function of computer.
Any incident associated with computer technology in which a victim suffered or could have suffered loss and a prepetrator, by intention, made or could have made a gain.
Computer abuse is considered as any illegal, unethical or unauthorised behaviour relating to the automatic processing and transmission of date.
Better u can file a defamation case and u can file a injunction suit against ur wife restraining her from posting irregular and misleading material about u in the net.riven
Guest
(Expert) 21 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CRIME FOR DEFAMATION KINDLY NOTE THAT.
1.YOU HAVE OPTION OF FILING CIVIL SUIT FOR DEFAMATION AGAINST YOUR WIFE AND OTHER PERSONS INVOLVED IN THE SAME.
2.YOU HAVE ANOTHER OPTION TO FILE A CRIMINAL COMPLAINT AT CHIEF JUDICIAL MAGISTRATES COURT UNDER SECTION 500 , 501 OF INDIAN PENAL CODE FOR DEFAMATION IN THE SOCIETY.YOU KINDLY COLLECT PRINT OUTS FROM THE SAID WEB SITES AND ENCLOSE TO YOUR COMPLAINT BY TAKING PROPER BILL FROM THE CYBER CAFE FROM WHERE YOU HAVE TAKEN OUT SUCH PRINT OUTS OF SAID DEFAMATORY PUBLICATIONS BY YOUR WIFE. AND SUBMIT AS EVIDENCE TO THE COURT .COURT WILL ORDER POLICE OFFICER TO INVESTIGATE THE MATTER AND MAY ARREST YOUR WIFE OR ANY OTHER PERSON WHO IS SUSPECT OR ACCUSED.KINDLY NOTE.THOUGH IT IS A BAILABLE OFFENCE AND ACCUSED WILL BE RELEASED ON BAIL, KINDLY NOTE THAT IT WILL STOP YOUR FURTHER DEFAMATION PLEASE NOTE.
3.AS THE MATTERS ARE PENDING AT SEVERAL COURTS ,I SUGGEST YOU TO FILE AN APPLICATION TO THE HIGH COURT HAVING AREA JURISDICTION BY MENTIONING CASE NUMBERS AND ENCLOSING CERTIFIED COPIES OF ALL PENDING COURT CASES .HIGH COURT WILL CLUB ALL CASES AND TRANSFER TO THE MAIN DIST AND SESSIONS COURT OF YOUR AREA OR MAY HEAR ALL CASES TOGETHER, IT WILL SAVE YOUR TIME, MONEY AND FURTHER HARASSMENT DUE TO ABSENT FROM YOUR OFFICE OR WORK AND RESULTING IN LOSS OF INCOME OR JOB KINDLY NOTE.riven
Manish Singh
(Expert) 21 September 2009
Dear Mr. Vijay,
my opinion is not in consonance with the opinions as stated above as if you go for defamation under torts or IPC, you will not be able to teach your wife a leson in th right way as the punishments are not so grave therunder.
i would suggest you to lodge a complaint under Sec 66 A or Sec 67 (depending upon the material published) of the Information Technology Act to the cyber crime police having its head office at PUne. that will solve your purposes.riven
Raj Kumar Makkad
(Expert) 21 September 2009
Your questionwise answers are as follows:
1. You can move an application with supporting documents of the publication over websites with Cyber Crime Cell of yur area as it is a crime under section 66 A & 67 of IT Act.
2. The answer of this quarry has already been included in answer no. 1 above.
3. Sure it is a mental cruelty on the part of your wife.
4. Your reputation must have been lowered down in the society in the light of facts and circumstances mentioned by you.
5. if the publication is declared as false, motivated, malicious, with malafide intension, the same is a good ground for seeking divorce under the provisions of section 13 (i) (ia) of HM Act, 1955.riven
Sachin Bhatia
(Expert) 21 September 2009
1) File a complaint under section 66 A & 67 of IT Act.
2) Draft the complaint with the help of some local Lawyer.
3)Yes it is a sort of mental cruelty.
4)Yes she has runied your reputation in the society and for this you can also file
SUIT FOR DEFAMATION.
5) Yes you can use cruelty as a ground for divorce.riven
Vishal jain
(Querist) 21 September 2009
Don't you all expert(s) think that, I should also file a complaint under IT act as well as CYBER CRIME ACT as it is a CYBER STALKING, which is crime
riven
Manish Singh
(Expert) 22 September 2009
thers no act in existence called Cyber Crime Act. all the cyber crimes are regulated by the Information Technology Act.riven
Vishal jain
(Querist) 29 September 2009
Hello
Thankx for your advice & suggesstions. I have made one sample complaint against all the accused. Please go through and let me know if I can add any more line(s) in this complaint.
"...I want to file a complaint against all the accused mentioned below that all the accused mentioned below have composed various obscene material on internet and on various website(copy as ANNEXURE-'1' as printout(s), copy of DVD as ANNEXURE-'2')without my permission with intention to make others to believe that all the obscene material which these accused have posted are right & true and also to harm the reputation and morale of the undersigned/complainant....."
