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Rashmita Saikia (Lawyer)     08 November 2010

mobile phone criminal

Hi friends,

 

One of my friend's friend is getting some stupid SMS from a person. Is there any procedure to punish that fellow? She knows the persone from a social networking site. She had already block receiving SMS from that number but is there any Law to punish that type of person?

Please advice.



Learning

 10 Replies

Suchitra. S (Advocate)     08 November 2010

Dont u think ur friend is at fault too? Is it fair to share cellphone number on a social website? And do u think law should help people in their trivial issues caused by their own mistake?

Rashmita Saikia (Lawyer)     08 November 2010

Thaks for your reply. But some times it is required to share the mobile numbers specially when some one is registering in a website searching for a groom for marriage.

 

For far I have seen its not her fault. But there should be some Law right, to punish such person?

Suchitra. S (Advocate)     08 November 2010

Lodge a complaint in the police station. Get the sms records from the service provider by the help of police and sue the person sending messages, in court. One should have so much grudge, time, money and energy to fight a case. otherwise, there is solution for the disturbance caused. 

sandeep sethi (Practising Advocate)     08 November 2010

i agree with

Suchitra. S

Rashmita Saikia (Lawyer)     08 November 2010

thank you both for the information.

Struggle For Justice (Self Employed)     08 November 2010

Now Sending bad and ugly messages to someone is also crime. if you want to log a complaint first u find that the phone no which is used by that person is in his name. and then log a complaint in ur nearest police sattion else ur friend can give a written complaint to magistrate on your local court.

Arun Kumar Bhagat (Advocate (criminal))     09 November 2010

File a complaint case  u/s507/509 I.P.C.

Ravindra C (Professional - Verifications and Forensics)     10 November 2010

 

I agree with Arun, your friend can approach nearest police station and lodge a complaint under Section 509. Its hardly 15 min for the police official to find out the details of the person who is sending the SMS. But before going to the police think twice about the consequences. Don’t just waste time for police and yourself by withdrawing the case after knowing who the person is. People have better things to do in Life. Just chill out and if possible ask your friend to change the number.

Dear Forum Members, correct me if I am wrong in approach. Thanks..... Ravindra

DR.SANAT KUMAR DASH (Eye Specialist)     10 November 2010

I     agree     with     Suchitra   S.    &      also       Arun       Kumar      Bhagat..................Learned      lawyer      here.

hedevil hydraheaded (non professional )     10 November 2010

sometimes a mere phone call from the police station to the person, who is sending ugly messages, works. One of my friends used to receive such calls, she had gone to the police station with the message and the number from which these messages were sent. She had to to write a complain there( FIR?). The police sent her back promising that she will not get such messages and they will look into the matter. The messages really stopped coming after a few hours! After two days she got phone call from the police station to ensure that she is not getting such messages. My friend has now respect for that particular police station and its efficiency.

This story is from the southern part of India. 


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