Cyber Crime
nitya chandra
(Querist) 12 February 2014
This query is : Resolved
Respected Members, Plz suggest me out that whether following acts come under cyber crime or not:-
1) If a person is doing online trading in share market by using taking a franchise by someone's else name without that person's knowledge or consent and by using that person's identity proofs fraudly???
2) If he operates that franchise by making a fake email id by using the name of that person??Suppose the person whose identity is misused is Mr.A and the email id is made as A2012@yahoo.com.
Devajyoti Barman
(Expert) 12 February 2014
1. Yes, it is offence named criminal impersonation.
2. False name in e-mail id s not an offence.
Guest
(Expert) 12 February 2014
@Author In both your questions if the concerned person the so called A raises objection then only it would lead to any offence.First you confirm it is done with his consent.If his consent is there no one could object.
Advocate. Arunagiri
(Expert) 12 February 2014
1. Yes it is a cyber crime.
2. No. the party can have email id on any name even as xyz1123456@yahoo.com.
Rajendra K Goyal
(Expert) 12 February 2014
1. It is a cyber crime.
2. Agree, false name in e-mail Id. is not cyber crime.
Guest
(Expert) 13 February 2014
@Author Please conform the Query with out 'IF'
nitya chandra
(Querist) 13 February 2014
Respected Memebers, I have come across a live case where the husband did the same as i have stated in the first point (1) and he is controlling that franchise by using the email id i stated in d point (2). He is doing the same to show that the wife is an earning women so that he does nt need to to provide any interim.
where should the lady report this crime when the local police is not helping her out??
nitya chandra
(Querist) 13 February 2014
I also want to know that the trading company whose franchise was taken in such a manner will be party in the case ?? If so, then will it be a culprit too ?
Guest
(Expert) 13 February 2014
@Author If the husband was doing the business on wife behalf from the time they were in good terms he is safe.If wife does n't want him to continue you serve a legal notice.In On Line share trading it is very common
nitya chandra
(Querist) 13 February 2014
The husband started doing the work in 2012 whereas they had dispute in 2011 where wife approachd the police for help and husband acceptd his mistakes in an agreement. Will that agreement will be enough proof to prove that the relation was not going on
Good terms ?
adv. rajeev ( rajoo )
(Expert) 13 February 2014
Yes certainly. BEfore the cyber crime police station she will have to file a complaint. Franchise is not a party.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
The proof in the form of acceptance in writing by the husband shall be an evidence against him during the course of trial of the case.
Devajyoti Barman
(Expert) 15 February 2014
Lodge complaint with Cyber Branch of the city police.
Guest
(Expert) 15 February 2014
In ON LINE TRADING the Debit or Credit of the Amounts would be made only to the Account Holder's a/c.Could you please confirm to whose a/c it is done.
nitya chandra
(Querist) 15 February 2014
Sir, it was done on behalf of my mother's a/c fakely opened by my fathe. Becoz my mother had closed all the accounts earlier which were known to that father.
Guest
(Expert) 15 February 2014
Hi Nitya,
I read your query and subsequent posts with supplementary information. But, I am not convinced with your query.
I feel, as a trainee in some organisation you have posted merely an academic query to falsely show your concern with the problem.
From your query/information, it is not understood, how your father could open a bank account without her signatures? Even if your father is operating share account in her name, all the financial transactions would be appearing in your mother's bank account.
The question arises, how he issues cheques or gets withdrawals out of her account without her signatures?
Secondly, you have not stated, whether your mother is in the knowledge of such transactions and whether she objected to operation of share business in her name or through her bank account?
Still further, if she is in the knowledge, why she has not approached the bank so far with complaint and request for closing her account?
Question of nature of crime comes later after the imformation is correctly presented.
So, better clarify the position, if your mother really has some problem with the business of your father, or it is merely a case of your grudge against your father, or you have some classroom exercise to solve.
prabhakar singh
(Expert) 15 February 2014
Yes!Facts revealed are quite doubtful.
To do any share trading one needs a pan card number and a BANK A/C ,a DMAT A/C with depository as well as a Share Trading a/c with a registered broker.
To do it every where your father succeeded impersonating your mother,a female,and bank manager and broker colluded for such a risk
(but for what gain)is a hard fact to digest.
Guest
(Expert) 15 February 2014
@ Author when the debit and credits are made in your mother's a/c who is operating the cheques.
nitya chandra
(Querist) 16 February 2014
Respected members, my father is a senior chartered accountant of the city. So he knows well how to manupulate the things. my mother, luckly she is a learned lady, wen came to knw abt the bank acc, she got it closed. the manager came to our house and supplied whatever infornation we asked from him. He himself is satisfied that the fake signatures were done by my father and driving licence of my mother was manupulated.
Guest
(Expert) 18 February 2014
Once again I would request you talk to your father and sort it out.The allegations you are making against your father could put an end to his entire career
malipeddi jaggarao
(Expert) 19 February 2014
This query is an extension of another old query which was attended by experts properly.
anand
(Expert) 10 September 2014
for cyber offence crime may be reported to economic offence wing of the concerned area.....
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
Every police station is registering the offences under the provisions of cyber crime law and where there are no such facility, the matter is being dealt by the centralised district cyber crime branch of police.
nitya chandra
(Querist) 11 September 2014
Devajyoti Sir, I was busy in my studies after qualifying entrance exam of CA.But since my father along with financial support is not providing mental peace of state; so i decided to put a break on my studies and help my mother in sorting out the court cases. Sorry for such inconvenience.
