USE OF ABUSIVE, INSULTING AND FILTHY LANGUAGE THROUGH EMAIL BY A KNOWN PERSON DURING FORMAL COMMUNIC
C S PATANKAR
(Querist) 02 December 2010
This query is : Resolved
During Formal Communication between Chief of a company and his customer, The Company Chief uses such objectionable language through email repeatedly without any justifiable reasons.
How this offense shall be viewed differently from existing Criminal laws that exist in IPC?
If proved guilty, what penalty the IT act provides and under which section of IT act?
Devajyoti Barman
(Expert) 02 December 2010
Apart from section 65, 66 of the IT Act , the sender of such offensive may also be booked u/s 500 opf IPC if certain conditon like publication of defamation happens.
Ajay Bansal
(Expert) 03 December 2010
I DISAGREE WITH MR. BARMAN.AS PER SECTION 81 OF I.T. ACT, ANY SECTION OF IPC IS BARRED.
M V Gupta
(Expert) 03 December 2010
E.mail messages are protected communications in the sense that they are not accessible to others. Hnece the contents of e.mail cannot be regarded as publication to others so as to demean the reputation of the person against whom they are made. Hence it is doubtful whether they amount to defamation as defined in Sec. 498 of the IPC. As regards the Information Technology Act, 2000 is concerned, Section 81 does not bar the application of the other Acts. It only provides that the provisions of the Act shall have overriding effect on the provisions of the other laws. This means that if there is any inconsistancy between the provisions of the IT Act and the other laws, the IT Act Will pravail. Section 65 deals with tampering with Computer source documents; and Sec 67 deals with hacking with the Compueter systems. Therefore these sections do not come into paly in ur case. Sec 67 of the Act makes it punishable to publish any obscene information in eletronic form. Even this provison would not be applicable in ur case. I find that on the basis merely of e.mail contents you may not be able to make any criminal case, unless you are able to establish that the objectionable matter got published to others so as to defame u.
ashish lal
(Expert) 03 December 2010
I agree with Mr. M V Gupta. if it is a private communication then no case of defamation is made out.
