What are my options?

he can be prosecuted in india as the mail was received in india but i think it is highly impossible to conceal this matter from  your husband.

those who receivd such obsene mail can file complaint in india and normally cyber crime police deal with  the matter confidentially, if request so.

but my personal opinion is keeping this person in jail wouldnot solve this matter.

better try someother solutions.

Thanks for your reply. I have one question though. You mentioned that since the mail was received in India, case can be filed with cyber crime police against that guy. But how can the person be held responsible for the mails as the sender's address was not given? Can the police act upon our complaint and investigate the case? Can they coordinate with USA police to bring him into the case based on the few solid details they have available?

In addition to my above post, how long would be the jail term in india if the person is convicted based on this case? I know, keeping him in the jail would not be answer for this issue, and also there are many limitations to openly come out against him, even if I come out, there are many options available for him to come out clean on this. But what I am trying to get on this is, if it can be showed to him that, if he does the same in the future, at least I want to show him enough case against him to implicate him and let him understand the implications of his mischief in the future. 

I understand that concealing the matter with my husband is not that easy but I am confident about managing him as long as I can find good points to make this guy understand his deeds to me.

luckmatters,

In indian criminal justice system luck does not matter and only hard work matters.  I really appreciate your vigour, you are showing,  to put that "gentleman" behind the bar.  The hardest part in this entire episode is to convince your husband for your cause.  If you are confident about that, you please do that at first instance and then pick up cudgel to beat out this gentleman in the hardest way and we are here to teach him a lesson of life.

His act is an offence under various criminal statutes of India.  Mainly it is an offence under Indian Penal Code, 1860, indecent representation of women (prohibition) Act, 1986 and Information Technology Act, 2000. This type of cases are rare and hence to proceed further, it requires deep analytical study and we are glad to do that.

In indian criminal justice system, it is not required that the victim only has to make a complaint.  The person, who received such pictures, can file a complaint in the police station and they have to register it FIR and after investigation has to send the case to court for trial.  If the police show laxity, then we can take the assistance of the court for registration of case or for expeditious investigation of the case.  In India, once criminal case is filed, the accused will face innumerable problems and standing before the court as an accused for every two months is itself utmost insult for a person of normal breed.  There are procedures to bring the accused living beyond boundaries to our land for facing criminal trial.  Hence, buck up and go hunting him and you are not doing it for your own sake and it is good for the whole society.

I found this case very interesting to me. The way advocates are responding here made me to think, anything is possible in our India. Whether there does any substance exists in the case or not, anybody can sue any one for any reason without any proof. Is my understanding correct? Mrs.Luckmatters has specified clearly in her response that, the mail that was sent out to her relatives did not have any senders address on it. On what ground you would assume that it was him who has sent this mail? How can court assume him as an accused and summon him to the court? Only basis to implicate him in this case is 1) Mrs.Luckmatters assumes that it was he (because it was he who took her pictures/videos in nude!!!!!) 2) it was mailed out from USA. Even to an ordinary person like me these two points are appearing as laughable excuses to implicate any body. If these two points are enough to file a case against a person, does it mean that, every time any mail sent to any body any where in the world with regard to Mrs.Luckmatters, there will be a case to prosecute him no matter what? 

I am really curious how the law is applied here? and on what ground that person can be summoned to be appeared in Indian courts when he is living in USA? If the case is proved wrong or proved to be false pretext, what would be his options to counter file against Mrs.Luckmatters? Can anybody accuse anybody on falste pretext? Here I am not trying to defend that 'gentleman' but was curious to learn what was the basis for you advocates giving advice to Mrs.Luckmatters. In his response Mr.Prabhakar has assumed that, standing before the court as an accused for every two months is itself utmost insult for a person of normal breed, lets say your assumption is correct, what would be discussed in the court of law during the proceedings? Doesn't it leads to the discussion or to prove how that person has possesses such videos and what was the relation between that person and Mrs.Luckmatters and whether they were s*xually involved before her marriage or not and whether the videos are real or fake, wouldn't such things come into the discussion in the court to much discomfort of the Mrs.Luckmatters? In such scenario who would face more insult? defendant or accused? When defendant is not even ready to come forward openly or not ready to explain what happened to her past to her husband, how can the defendant openly fight with the accused? Doesn't accused has more protection in the above likely scenario than to Mrs.Luckmatters even if we assume that his crime can be proved in the court of law?

"Only basis to implicate him in this case is 1) Mrs.Luckmatters assumes that it was he (because it was he who took her pictures/videos in nude!!!!!) "

Mr.Nainital, I have no idea why you are so against me, but all that I can request you is, please be decent. Do not be judgemental on what you have very little idea.

There is nothing in indian criminal justice system.  Yes, certain modifications are required in this system and the hon'ble Supreme Court pointed out on several occasions, but they are not that what Mr. Nainital suggests.

In this case, there will not be any doubt about the culpability of  Mr. "gentleman" because the victim herself is an eye witness of the offence and receipients of the offence object are near and dear relatives of the victim.  Hence, Sherlock Homes' presence is not required to find out who is the "wrong doer".  Further, once complaint is lodged, the first stage is investigation and the police collect the evidence in the form of statements under Section 161 of CPC and then only on the basis of those statements evaluate whether the accused can be convicted and then only the Investigating Officer, after getting approval, goes to the accused for the arrest and after arresting him, within 24 hours, he would be produced before the Magistrate.  If the accused is so innocent, he can put forth his submission and convince the Magistrate about his innocence.  If he does not get justice there, then he has got the appellate judicial authorities to get bail and to get quashed the FIR against him.  The experts in Criminal Justice System often criticise this system as heavily loaded in favour of accused and completely ignored the plight of victims.  Let it be like that, we need not go into detail about this.

I want to further add that a person sitting prettily in USA and does an offence there and in continuation of that offence send offensive material in India, as per Cr.P.C., the offence is cognizable in India and he can be brought to India.  Several scams, i.e., bofors, urea scam etc. happened abroad but in India trials were held. 

Let us forget for the time being about this case and talk about some other criminal case, i.e., murder.  If the dead body is there, what I can do is to go to police station and lodge FIR.    If the police does prima facie investigation and catch some person on the basis of the investigation, what would Mr. Nainital say?  Does he say that any person can be arrested by the police and it is completely wrong criminal justice system.  It does mean, that police have to thoroughly investigate and come to a definite conclusion (let it be taken years together) who is the murderer and then only take him into custody.  Then there is no role for the court.

Let Mr. Nainital study the American Criminal justice system (jury system and the nomination of juries) and he will come to know that our system is thousand times better than that.

Mam I suggest that not to take more interest because if u personally takes any interest in those photos which are received by other members it amount that U HAD ADMITTED THAT THESE ARE YOUR PHOTO'''

I suggest that who ever asked u about it even u r hisband just strongly opposed and told that its a style of technology .....

But the revenge which u wants to take about ex ...then whenevr u get an opportunity it will be definately takes...

Sir Prabhakar,

You unnecessarily took the discussion into rivalry between you and me and made it some patriotic issue rather than addressing the questions in the lines of my observations on this case. The way you have answered is as if your ego was bruised badly because I have questioned your answer. Please understand that there is nothing personal about it. 

Basic issue here is Mrs.Luckmatters wants to hide behind the bushes and shoot Mr.Gentleman with a gun called Law. You are completely ignoring that fact instead you are talking about law will do this law will do that etc. In your latest reply as well you did the same mistake. You said 'In this case, there will not be any doubt about the culpability of  Mr. "gentleman" because the victim herself is an eye witness of the offence and receipients of the offence object are near and dear relatives of the victim.  Hence, Sherlock Homes' presence is not required to find out who is the "wrong doer".' Lets put sarcastic remarks aside. If the victim herself is an eye witness, you would need her to acknowledge in the court of law that, she was aware of such nude videos and pictures being taken by Mr.Gentleman. Would she be able to do that? No. Thats the whole point here, which you are missing completely. She wants to hide behind the bushes!!!. So what would be her case to prove him culprit when she can not even claim that video of being her nude was taken by Mr.Gentleman in front of her and she was an eye witness? Lets assume that, she is the only person in that pictures or videos. Probably she can claim that those were taken by her husband but some one else has stolen it and sent to her relatives. In such case, court will ask her husband to provide witness account. Can she afford to let her husband watch her nude video taken by some one else? NO. And then arises the second question, how did she know that it is only Mr.Gentleman who has sent those videos to her relatives when the video was claimed to be taken by her husband. That will be proved as false pretext within no time. 

In another scenario, lets assume that, she will come forward and discloses to her husband and relatives and court that, she had consented Mr.Gentleman to take her video and pictures but he inappropriately misused her videos by sending videos to her relatives and defamed her in front of her own people hence she would like to prosecute him for his criminal intent. In such case, yes there is some ground to prove him guilty but still not to the extent the way you tried to put it in your reply. It is still very difficult to prove whether it was really sent my him or it was some one else's handiwork. Everyday there are hundreds and thousands pictures and videos are stolen from people computers and ending up on internet. How many cases were filed and how many were traced and how many were proved guilty? But even if this case stands for trial (assuming that she acknowledges her relation with Mr.Gentleman) what she would pay in her life, what she would lose in her would be much more than what she will gain in entire episode. Do you agree?

I guess, what  Mrs.Luckmatters is trying to get or explore from this forum is that what are the possibilities to indict this person without her active participation in the case. She do not like to acknowledge her relation with that person, neither she would like to let her husband know about the relation for obvious reasons. Instead of addressing the question from right perspective, you are jumping in to conclusions that 'culprit' can be brought in to justice jingoism. 

My 2 cents.

Huh. Sorry I missed your this post. My apologies if you have felt bad about that sentence. But your whole question does revolve around that basic point so without mentioning that fact, any post can not be complete. Fact is that, I am not trying to offend you here. I am trying to help you out with posing more questions on your behalf to get the best possible option for you.

I think I was misunderstood on the mail part so would like to clarify. It was not sent through email but postal mail which has DVD in the package. This type of package were sent out to couple of relatives. But we are not sure yet how many else have received it. Package has only To address. Doesn't have sender's address. There is USA postal stamp to prove where it was mailed out from but nothing else. Would that fall under Cyber laws? 

CONSIDER THIS FROM another angle, from the defence side :

1.  OBVIOUSLY, Only the Husband can have names and addresses of all the relatiives & in-laws, to whom the DVD's were sent by postal service from USA.

2.  There is no way  "Ms. LuckMatters",  can say that during her exotic-debut (I'm not saying erotic-debut) and further "recalls" with her boy-friend, FOR 2 YEARS,   the printed list of names & address of relatives could have been given to  "boy-friend", by the lady.   FURTHER  the boy-friend in no circumstances would have the names & address of the lady's  "In-Laws",  when lady says that she broke-up after a fight and MARRIED   "AFTER"    the break-up.   AND THEN WENT &  SETTLED IN USA.

QUESTION:  WHO GAVE THE LIST OF NAMES & ADDRESS OF THE  "IN-LAWS"  (i.e. Husbands relations)  TO THE EX-BOY-FRIEND.  Sort of Next to impossible.

3.  The  Lady's Husband stays in USA.  The DVD's were sent from USA via postal.    So in reality,  the pictures (DVD's)  were actually sent to the lady's relatives in India BY HER HUSBAND, since only he would know the names and address of the lady's relatives and his own relatives (in-laws of the lady).

Maybe the Lady's husband got a inkling about his wife's exotic-debuts & 2 years of recalls  AND IS NOW LOOKING TO  QUIETLY "TRUNCATE"  THE LADY, out of his life, without having to pay anything to the lady  (AND maybe with the active cooperation of her ex-boyfriend).  The Husband might be looking for  "justifications"  to get rid of the Lady,  from family customary &  family values angle.

4.  IF nude pictures were recorded on DVD's,  OBVIOUSLY it implies that the exotic-relations, WHICH  "SURPRISINGLY"  LASTED FOR 2 LONG YEARS,   the exotic scenes were recorded with FULL CONSENT of the lady.

PRESUMED TIT - For - TAT :  Get the copies of the DVD's from relatives  and anonymously post the DVD's to the ex-boyfriends wife and children and ALL relatives.  THIS IS POSSIBLE IF THE LADY HAS THE NAME AND ADDRESS OF THE RELATIVES.  Which is a rare possibility, since the lady does not have the name & address of the ex-boy-friend's relatives & his in-laws.

Similarly, the EX-boy-friend having the list of names & address of the Lady's relatives and Husband's relatives (in-laws),  ALSO IS A RARE TO RARE POSSIBILITY.

NOW THE LEGAL POINT :
5.  There is no way the ex-boy-friend can be prosecuted under any Cyber-Laws,  or for that matter under any Indian Laws,  even for adultery, rape or anything.    The alleged exotic-debuts and DVD photo etc... happened in USA and not in India.  Adultery with consent is the accepted norm in USA  and maybe not in India.
There are many legal loop-holes in the Lady's story.    DVD's sent by USA postal services !!!.  Cyber-Laws pertain to Acts done via electronic media.   DVD does not qualify under Cyber Law.

BUT definetly a very very good scriptt for a Hindi movie.

QUOTE :  If you have something to hide, THEN it is better not to expose others.

Another Quote :  If you stay in a Glass House,  THEN better not to throw stones at others houses.

Yet another Quote :  Frustrated Cat, claws at the wooden post.

Keep Smiling .... Hemant Agarwal

Sir,

enough of your rantings. could you also provide arguments or points for me?

In law, hypothetical assumptions in the place of facts are not allowed.  You go on assuming one fact and on that weave a web of assumptions and try to draw a legal conclusion, but that is not permissible and Indian judges do not do that and won't allow any one to do that.  The facts have to be proved in the method prescribed by law and in the case of Luckmatters, the facts can be proved in accordance with law without much difficulty.  It is not as difficult task as  projected by other contributories of the post. 

Barbaric comments are norm in s*xual offence cases. And the only and shameful method, the defence advocate always applies is to throw mud on the character of the prosecutrix / complainant for coming to court and seeking the justice.  We have seen and will see in the open courts that a rape victim is humiliated in hundred and thousand ways by putting such relentless and shameful questions by the defence advocate in the name of protecting the accused.  Hemant Aggarwal is no exception.  We see them in hundreds in the courts every day defending the accused, but we will not be cowed down by them or by their slanders.