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A G (NA)     29 November 2014

Cyber fir

1. Please suggest time limit within which FIR should be filed for cyber crimes. 2. Also in which state the complaint has to be filed because place of victim is different state and crime committed in different state. 3. If police refuses to register FIR and does not act on complaint, please suggest if I can directly file it in court and if yes then I have to contact a lawyer for it.


Learning

 3 Replies

Harrassed _by _498a (Executive)     30 November 2014

Cyber crime cell register your FIR on giving some mandatory details to them if you dont have those details like server logs etc police wikl not register FIR and yes you can go to court but later on you will loose the case on ground of lack of evidence. And please provide more details to guide u

T. Kalaiselvan, Advocate (Advocate)     03 December 2014

What is the time limit you are referring to?, if the victim has been victimised in a place that will be termed as place of occurrence where the complaint can be lodged.  In the event of police not entertaining your complaint, the higher police official may be approached with another complaint with a request to direct the lower police to initiate appropriate legal action on the complaint, even if this is not invoking any response, you may approach the court with private complaint. Please come out details for further opinion.

A G (NA)     25 December 2014

Originally posted by : T. Kalaiselvan, Advocate

What is the time limit you are referring to?, if the victim has been victimised in a place that will be termed as place of occurrence where the complaint can be lodged.  In the event of police not entertaining your complaint, the higher police official may be approached with another complaint with a request to direct the lower police to initiate appropriate legal action on the complaint, even if this is not invoking any response, you may approach the court with private complaint. Please come out details for further opinion.


Thank you for replies. I guess Time frame is not issue in criminal law. Also the records are there in meeting audio recording and also emails are in company records which will be very difficult to prove wrong. Maybe I am still wrong for evidence since law is art and nicely inconsistent. 

but problem is that due to company pressure police will not register FIR even if I visit CM.  So only way to get justice or bring the criminal to punishment is by approaching court directly. 


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