Cyber crime

ramakrishna.r.b (Querist) 23 June 2014 This query is : Resolved
My relative has sent an abusing email to me for no fault of mine. I have filed section 499, 500 and 506 of ipc thru my lawyer. If respondant says he has not sent this email in the court of law as this is the only document to prove , how we can prove that it is his email only. Please advice me. Can we get the IP address from cyber crime thru court ?

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Arvind Singh Chauhan (Expert) 23 June 2014
I am also eager to know the answer.

Devajyoti Barman (Expert) 23 June 2014
e-mail communication does not come under defamation unless the same is accessible in ordinary circumstances by the addressee.

Yes, it can be proved by IP address.

V R SHROFF (Expert) 23 June 2014
It does not amount to DEFAMATION .

NO CHANCE FOR YOU TO WIN THIS CASE.
WASTE OF TIME AND MONEY.

I fully support views of Adv Barman

Rajendra K Goyal (Expert) 23 June 2014
Agree with the experts.

Guest (Expert) 23 June 2014
Instead of sending the legal notice and approaching the Court for remedy you should have filed a Police Complaint and they would have decided the Sections and thro Cyber Crime Cell they would have verified the evidence.

ajay sethi (Expert) 23 June 2014
agree with Mr barman

R.K Nanda (Expert) 23 June 2014
yes, u can get ip add.from cyber crime cell by order of court.

Sankaranarayanan (Expert) 23 June 2014
yes i do agree with Barman ji, simultaneously i do stand with Shroof ji point too

ramakrishna.r.b (Querist) 23 June 2014
it is a cyber defamation.

ramakrishna.r.b (Querist) 23 June 2014
The law of defamation under Section 499 got extended to "Speech" and "Documents" in electronic form with the enactment of the Information Technology Act, 2000.

ramakrishna.r.b (Querist) 23 June 2014
IF WE INCLUDE SECTION 66(A) WILL IT STILL COVERS CYBER DEFAMATION. PLS ADVICE

Raj Kumar Makkad (Expert) 23 June 2014
Defamation should be made in public view so as to bring it within the ambit of a crime whereas the mail is totally a private issue between the sender and receiver and the contents of the mail do not become public unless sender forwards it to multiple persons.

Anyway, sending such mails is also an offence punishable under section 66A of IT Act, 2000 and its sender has no chance to deny because IP address is to be proved by the complainant.

ramakrishna.r.b (Querist) 23 June 2014
Thanks mr Rajkumar Makkad. Other lawyers did not answer me properly

Raj Kumar Makkad (Expert) 24 June 2014
Thanks for your appreciation. All experts have dealt your query as per their own way and you should be lenient towards everyone who attended your query.

ramakrishna.r.b (Querist) 30 June 2014
section 66a of information technology act uses the word persistently. In our case he has sent the email only once with repeating the same filthy abuse
Further section 499 of ipc says makes or publish. Is it enough if he makes once such filthy email abuse. Since the section says makes or pulishes he has made a filthy statement which need not be published

Sri Rajkumar Makkad sir, pls tell me whether both the section are atracted or not explaining those crucial words
I am really thankful to all lawyers who have given their opinion.

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