Sent vulger message to somebody in ignorance
3 years ago
I have shared whatsapp otp to some other guy and he sent vulger message from that whatsapp account to someone and now i am getting threatened by the guy that he will lodge cybercrime complaint but i requested not to lodge and apologized him. It happened in ignorance and i dont know much details about the guy to whom i shared otp.
Suneel Moudgil
Responded 3 years ago
A.it is not acceptable that you do not know the guy with whom you shared the OTP. if the person lodges the complaint against you, then you will be in deep trouble,
try to settle the matter amicably,
try to settle the matter amicably,
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ARSHAD ALI ZAIDI ADVOCATE
Responded 3 years ago
A.You should not give any kind of personal information to any unknown person. Whoever has played with your WhatsApp, you must report this to the local police and cybercrime. It is possible that your mobile data has also gone to him.
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A.Nothing to worry. If you are so worried you can obtain Anticipatory Bail or get issue a legal notice as to why complaint against him should not be lodged for blackmailing you and asking you to part with few lakhs of rupees. You may say that such message was sent by somebody else using your mobile. Further without mensrea you cannot be held liable for any crime.
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Mens Rea
Actus non facit reum nisi mens sit rea
The above well-known latin maxim describes the relation between mens rea and a crime in general. Actus reus means a wrongful act. Mens rea means a wrongful intention. The maxim means that an act does not itself make one guilty unless the mind is also guilty. The mere commission of a criminal act or violation of law is not enough to constitute a crime. These generally require, in addition, some elements of wrongful intent or other fault. Mens Rea is a technical term. It means some blameworthy condition of the mind, the absence of which on any particular occasion negatives the condition of crime. It is one of the essential ingredients of criminal liability. A criminal offences is said to have been committed only when an act, which is regarded as an offence in law, is done voluntarily. Hence, an act becomes criminal only when done with a guilty mind.
Please give me Rank 5 if you feel my answer helped you.
========================================================
Mens Rea
Actus non facit reum nisi mens sit rea
The above well-known latin maxim describes the relation between mens rea and a crime in general. Actus reus means a wrongful act. Mens rea means a wrongful intention. The maxim means that an act does not itself make one guilty unless the mind is also guilty. The mere commission of a criminal act or violation of law is not enough to constitute a crime. These generally require, in addition, some elements of wrongful intent or other fault. Mens Rea is a technical term. It means some blameworthy condition of the mind, the absence of which on any particular occasion negatives the condition of crime. It is one of the essential ingredients of criminal liability. A criminal offences is said to have been committed only when an act, which is regarded as an offence in law, is done voluntarily. Hence, an act becomes criminal only when done with a guilty mind.
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Adv. Sarika Khude
Responded 3 years ago
A.You should go to the police station to avoide future problem.
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A.Its wrong on your part to share your OTP with a person whom you do not know much about. Ask that person to stop doing this as he will also be caught whenever the investigation starts if there is a complaint. You will certainly be questioned by the police but the other person will be punished as it is quite easy to establish the origin of messages using cyber forensic.
So, before any police complaint is lodged ask him to stop using the whatsapp with your number.
So, before any police complaint is lodged ask him to stop using the whatsapp with your number.
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