Harrasment over internet
Sanket
(Querist) 08 November 2012
This query is : Resolved
Dear All,
Please advice me on the following matter.
One individual has been doing wrong propaganda about a friend of mine on internet. He created a fake facebook profile and has been contacting people who know my friend and has been spreading wrong information about him. When we filed a police complaint and confronted the person in person, he admitted to committing all his actions. We do not intend to file a FIR and register a case against him since my friend wants to avoid the hassles of court procedure. However to deter him from trying such misdemeanors in future, we plan to take a confession cum undertaking from him accepting all his wrong doings. We plan to take this confession from him infront of a registered notary in witness of his parents and his uncle (who is a retired Asst. Commissioner of Police).
My question is, in India, does such a confession would have any validity if we ever have to produce such document in Court against this person? What should we do to make the confession more valid and binding on the individual?
Thanks,
Sanket
sibasish pattanayak
(Expert) 08 November 2012
hi,
please carefully readover your 1st para and 2nd para , from your posting it apears that a new legal sys you are going to introduce in india.
if your friend wants justice he has to come to the Ld. Court with clean hand,
he must get justice.
regards,
Sibasish Pattanayak, Advocate
mail: sibasish_adv@yahoo.co.in
pattanayaksibasish@gmail.com
Sanket
(Querist) 09 November 2012
Hi Sibasish,
Sorry if my post was confusing. To put it more clearly, we do not plan to register a FIR at this stage hoping the person would take a lesson from this episode and would not try any such "adventures" in future. However, if incase he does do it again, we will be left with no option but to register a case against him.
My question was, if at all we face the second situation and have to file a FIR and then subsequently to Court, would the confession letter, taken in manner as described in my earlier post, stand any ground in court of law?
Hope I make myself clear this time...
thanks,
Sanket
adv. rajeev ( rajoo )
(Expert) 09 November 2012
You can take the confession in writing, but it requires wittnesses. Before Notary also you can do it, but it depends on the notary. Such confession in writing can be used as an evidence, but subject to proof.
Santosh Goswami,Advocate
(Expert) 09 November 2012
Yes, that would be valid in court. But more appropriate was you should have taken the undertaking in front of police officials. Its ok if you don't want to pursue a case, but you can claim compensation from him under Information Technology Act, 2000.
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basavaraj shiromani
(Expert) 09 November 2012
You can create or take such document, but the burden lies upon you to prove it before the court with relevant material and witnesses.
