Legal Question in Criminal Law in India

My friend sent a series of offensive emails to his relative after he received verbal insult (no proof) from his relative. After 6 months, the relative wants to approach the police and file a complaint.

Will the police file an FIR after a delay of six months?

Will the police seize my friend's electronic devices to investigate whether offensive emails are sent?

Will court accept his complaint after an unexplained delay of 6 months or will it quash the case citing malicious intent behind the complaint eventhough proof of offensive emails is present?

What will the maximum punishment (fine/imprisonment) for my friend if convicted and he tenders an unconditional apology for offensive emails?


Asked on 9/29/23, 6:35 am

1 Answer from Attorneys

Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Any of an Electronically transmitted messages, contents have 5 years limitation period consisting to be held as an Evidence accord to an Information Technology Act 2000, Amended 2008, better to seek an ap ology at first inst ance, pursue humbly to delete such abnoxious contents of messages (Emails).

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Answered on 10/09/23, 12:33 pm


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