Saturday 21 May 2016

Fake email and defamation

Fake email and defamation
Dr K K Aggarwal
Now and then people make a fake email account and then use it to send defamatory messages to multiple people. The same is illegal and liable for legal action under the Information Technology Act, 2000 and Indian Penal Code. i) Section 2(ha) of the IT Act, 2000 defines the term “communication device. The provisions of Section 2(ha) is reproduced hereunder: “Communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image. ii) Section 66A of the IT Act, 2000: Punishment for sending offensive messages through communication service etc.- Any person who sends, by means of a computer resource or a communication device- (a) Any information that is grossly offensive or has menacing character or (b) Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, i9nsult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication de4vice, or (c) Any electronic mail or electronic mail message for the purpose causing annoyance or inconvenience or to deliver or to mislead the addressee or receipt about the origin of such messages, Shall be punishable with imprisonment for a term which may extend to three years and with fine. Explanation – For the purposes of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message. iii) Section 66C of the IT Act, 2000: Punishment for identity theft- Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh. iv) Section 66D of the IT Act, 2000: Punishment for cheating by personation by using computer resource – Whoever, by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees. v) Section 67 of the IT Act, 2000: Punishment for publishing or transmitting obscene material in electronic form – Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees. vi) Section 84B of IT Act, 2000: Punishment for abetment of offences: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Act for punishment of such abetment, be punished with the punishment provided for the offence under this Act. Explanation - An act or offence is said to be committed in consequence of abetment, when it is committed in consequence if the instigation, or in pursuance of the conspiracy, or with the aide which constitutes the abetment. vii) Section 84C of IT Act, 2000: Punishment for attempt to commit offences- Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such as is provided for the offence, or with both.  The provisions of Indian Penal Code under which such person can be prosecuted are as follows: o According to Section 416 IPC, A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.—The offence is committed whether the individual personated is a real or imaginary person. o According to Section 419 IPC, Whoever cheats by personation shall be punished with imprisonment of either de¬scription for a term which may extend to three years, or with fine, or with both. o According to Section 499 IPC, a person who by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. o According to Section 500 IPC, a person who defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

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