Offence under sec 67 , 67 a of information technology act (amdt),2008, 292 ipc & sec4 of irw act 86
Rajesh Tandon
(Querist) 11 October 2014
This query is : Resolved
OFFENCE UNDER SEC 67 , 67 A OF INFORMATION TECHNOLOGY ACT (AMDT),2008, 292 IPC & SEC4 OF IRW ACT 86
1. I am a Central govt servant recently posted in West Bengal. Before this I was posted in UP. This is a querry pertaining to reporting of offence under Sec 67, 67 A of information technology act(Amdt), 2008, lodging of FIR under section 292 IPC and section 4 of Indecent representation of women act 1986..
2. Actually, in my previous tenure in UP, I reported a matter about my boss (Mr A) of procedural irregularities amounting to mismanagement of couple of crores to his boss(Mr B) and the sadistic attitude of my boss(Mr A). Instead of holding my hand, Mr B did not even call Mr A in the interview for redressal of grievances and came down heavily on me, made a mockery of me. Further he said why should I believe you that Mr A has done such a thing . In fact at one stage during the interview he virtually threatened me indirectly by asking , ‘Are you trying to threaten me that you would lodge complaint ‘. This gave me a feeling that he's too well connected with his bosses. This had extremely hurt me. I wanted to report the matter further but then people around told me that how do you know that with what amount Mr B would have greased the palms of the seniors and they may/ may not take your stand & rather put you in serious trouble. I was in a dilemma and could not decide.
3. Mr B was in a very powerful position, with good terms with influential businessmen. However, now all three of us are out of previous location.
4. Mr B is no more in that powerful position where people can derive benefit out of him. In fact, it was the habit of Mr B to indulge in SMS, EMAILS, Facebook most of the time whereas decisions on the file would be kept Pending.
5. Out of the e-mails he has been sending to me, there are almost 15 e-mails wherein it shows his direct involvement of Mr B in the crime (especially when every email he has put his name & mob no having sent these) under section [67 of IT act and certain e-mails wherein it shows his involvement in crime under section 67 A of the act] pertaining to pornography. It was learnt from other colleagues that they also used to receive such mail. But for reporting the matter, i will have to fight the battle alone.
6. Incidentally, these e-mails range from the period of April 2013 to Oct 2013.
7. I am myself a male government servant. So directly I cannot say it is sexual harassment.. But somehow I want to report the matter now to the adjudicating officer under IT act, police and concerned authorities under Indecent representation of women act 1986.
8. Only problem is that earlier at the appropriate time I could not report the matter, because I could not decide and I was in a dilemma to progress ahead or not because of his powerful position However, the Limitation Act provides that a suit must be filed within three years from when the right to sue accrues. [Schedule I, Part X of the Limitation Act “Suits for which there is no prescribed period]
9. I believe when I report the matter to adjudicating officer, it would be akin to lodging a suit since section 61 of the IT act 2000 mentions that civil court not to have jurisdiction to entertain any suit or proceeding in respect of anymatter which an adjudicating officer appointed under this Act or the Cyber AppellateTribunal constituted under this Act is empowered by or under this Act to determine.
10. My query is since the emails were sent from the computer source and the subject Mr B was then in Uttar Pradesh and now Mr B has moved to station in the State of Maharashtra. So, if I report the matter, then matter has to be reported to which adjudicating officer whether in State of Uttar Pradesh or Maharashtra? What do i mention in cause of action , Format for reporting as mentioned in IT Rules 2003.
11. There is a minimum fee to be paid when you asked for the damages by way of compensation i.e certain percentage of the amount of compensation demanded. However, I'm not looking at compensation. I only want the individual to be punished as per the law. I don't want compensation because firstly I'm a male and secondly I unnecessary do not want to show any vested interest for gaining money Therefore please advise, as to if it would be okay if I pay the fee of 10% ad valorum rounded of to next hundred in case the composition demanded of Rs. 10,000/- which is minimum amount laid down as per IT ACT 2003. I would mention in my complaint that I'm not looking for any compensation until and unless adjudicating authority feels the grant of appropriate compensation. I'm basically looking at the punishment.
12. Would it be okay if I write the letter to the concerned Supdt of police to direct the concern SHO of the PS is to lodge an FIR under section 292 IPC since it is not possible for me to visit concern place in Uttar Pradesh or Maharashtra. The printout of e-mails is sufficient enough an evidence to take cognizance of the offence. Therefore kindly advise appropriately as to which Supdt of police of concern place and concerned State be approached or the copies can be given to both the concerned Supdt of police since the subject MR B has moved out from state of UP to Maharastra.
13. I had to conserve these e-mails basically for the purpose of evidence without circulating them further.
Kindly advise appropriately.
Dr J C Vashista
(Expert) 12 October 2014
Summerise your query. It would be better and appropriate to engage a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 17 October 2014
Contact a local lawyer with your problem and proceed as per his advise. Please be brief and short in your query.
