Are website coders legally responsible for the illegal use by website owner?
3 years ago
Like if we have developed a website for 10K INR without any service agreement, but email communication shows that it's just a service provider-client relationship, then still the website developer would be punished with the same offense? The website developer was not a beneficiary of the fraud conducted by the website owner. What does men's rea stanfor here? Booked under 120B/420, 420 and 66D IT.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.If there was content which was illegal when you developed that website then you become liable.
Understand this way, If client asks you to buy and bring knife to murder then service provider is also guilty.
if client purchase any simple knife from shop then shopkeeper is not guilty.
Understand this way, If client asks you to buy and bring knife to murder then service provider is also guilty.
if client purchase any simple knife from shop then shopkeeper is not guilty.
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A.Hi,
Criminal offences require mens rea and an act that was done with the bad intention to make a person liable. If you had control over the website use when the illegal act was done then you can be held liable. Otherwise, no criminal liability can be imposed on the service provider.
If you find this answer helpful please rate my answer. Thank you.
Criminal offences require mens rea and an act that was done with the bad intention to make a person liable. If you had control over the website use when the illegal act was done then you can be held liable. Otherwise, no criminal liability can be imposed on the service provider.
If you find this answer helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Since, the website owner is booked under criminal offenses, as you have mentioned, men's rea will play an important part in ascertaining criminal liability. Email communication will be valid evidence for ascertaining the relationship between you and the website, additionally, the courts will evaluate your control on the website when the illegal use took place. If you did not do anything.
If you find this answer helpful please rate my answer. Thank you.
Since, the website owner is booked under criminal offenses, as you have mentioned, men's rea will play an important part in ascertaining criminal liability. Email communication will be valid evidence for ascertaining the relationship between you and the website, additionally, the courts will evaluate your control on the website when the illegal use took place. If you did not do anything.
If you find this answer helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
It would depend upon the facts of the case. If had known that the website would be used for illegal activities, you would be liable for abetting the offence. It doesn't matter whether the developer was beneficiary of not. If he knew that the website will be used for nefarious purposes, he can be made liable.
It would depend upon the facts of the case. If had known that the website would be used for illegal activities, you would be liable for abetting the offence. It doesn't matter whether the developer was beneficiary of not. If he knew that the website will be used for nefarious purposes, he can be made liable.
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