Legal Question in Criminal Law in India

A FIR has been filed against me by my wife on 23.02.2008 under section 67 of IT Act. I had taken anticipatory bail. The charge-sheet has been filed on 27.06.2012 u/s 498(A),294/506/201 0f IPC/r/w/ sec 4 of D.P.Act /Section 65A/66C/67/67A of IT Act. I sought legal advice and they maintained that charges under section 66A/66C/67A is not maintainable as it has come into force after filing of FIR.

Her allegation is that a fake ID was created in her name and it was used to send vulgar materials to 2/3 E-Mail IDs thus denigrating her image in the society.She has downloaded the materials from the fake ID and handed over to police.

The identity of the IDs to which the objectionable materials were sent is not known.. In fact, it was sent to one E-mail only. Further, she has downloaded the material by accessing the fake ID. How did she come to know of the password?The police has also filed some private chats.

Is transmitting lascivious materials to an e-mail ID whose identity is not known can constitute an offence? Here the recipient is not complainant.

Is opening an ID in the name of wife an offence?

How her reputation was tarnuished?

The offence occured from Oct'06 to Nov'07 . However, the complaint was made on Feb'08 after she walked out of house on Jan'08. . Why she was silnt for so many days?

I want to know whether sec 67 holds good as the recipient is not identified and whether the complainant can claim that her image has suffered because of creation of fake ID.

3 Answers from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in India

Looking for something else?