Cybercrime Laws in India

Dear Client, From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move the Court for relief. On detection of defects in the product, post-purchase is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" which means the responsibility of a product manufacturer or product seller/service centre, to compensate for any harm caused to the consumer/customer by such defective product manufactured or sold or for a deficiency in services relating thereto. Chapter VI, Section 82 to Section 87 of the Consumer Protection Act deals with product liability and So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. As per Section 69 of the CPA, the complaint should be filed within two years from the date of the cause of action. Since you have been facing a deficiency in service since 2017 up to now, your claim is now barred by limitation. So, you have to file a petition seeking condonation of delay on the grounds of continued cause of action along with your complaint petition and lead the evidence to justify your claim before the Commission. If required, hire the service of an experienced Advocate handling consumer cases to navigate the issue in the right way.

As per law father is the natural guardian of child above 5 years. Fluency in English does not mean that person is intelligent and sane. Many people like from china, Japan, USSR, Israel etc uses translator to communicate. 1. Since child is born in India hence till 18 he can have be Indian citizen or be Australian citizen and on attaining 18 child shall have option to choose citizenship of either country. 2. Yes. 3. Yes. On attaining 18 years he shall have option to choose citizenship of either country. 4. You cannot stop a person from filing case but you have right to defend and also to take precautions to save yourself from such frivolous cases.

Dear Client, Upon receipt of such kind notice in email, you need to verify the authenticity of that notice by visiting the office of the concerned Cyber Crime Cell ASAP. and being satisfied with the authenticity of the notice, you need to contact an Advocate or Cyber Crime expert for guidance and tentative steps required to resolve the matter. legally. Viewing pornography either child pornography or adult in digital devices on social media platforms is illegal and a crime punishable under law. Sec.67B of the Information Technology Act, 2000 was added through an amendment in 2008 that criminalizes the publishing, transmitting, or causing the transmission of sexually explicit content depicting children. The punishment for violating this section on the first conviction is imprisonment for up to five years and a fine of up to ten lakh rupees. On subsequent convictions, the punishment can extend up to seven years of imprisonment and a fine of up to ten lakh rupees. Section 66A defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or tablet and a conviction of it can fetch a maximum of three years of jail and a fine. Sharing private pictures, messages or videos especially of those under 18 either belonging to you or others with/without permission is a serious violation of privacy and is punishable by law. Once such a crime of violation of Sec.67B of I T Act, is reported to the Cyber Crime Cell, the matter is suo motto investigated by the authorities and you may be called on for interrogation to access the source of such offensive posts on social networks and to find out the veracity of the facts from the related intermediaries or service providers. On investigation, if they find you are in any way violating the provision of the Act, you can be booked for committing the crime, otherwise, you will be acquitted of the charges. If the situation so warrants, you may hire the service of an Advocate or cyber law expert to navigate the issue in the right way.

Dear Client, Since a notice has been issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it means the police are calling you to cooperate in the investigation and it does not automatically imply guilt. As you have shifted from your Aadhaar address and did not personally receive the notice, but have already cooperated through a WhatsApp video call along with your colleagues, this shows your willingness to assist in the inquiry. However, if the officer is insisting on physical appearance while your bank accounts are frozen and you are currently in Goa, you should immediately send a written representation by email to the Investigating Officer explaining your present residence, financial hardship, and seeking permission to appear via video conferencing or requesting reasonable time. Account freezing is generally done under Section 106 of BNSS (earlier 102 CrPC), and you may approach the concerned Magistrate through a local lawyer in Howrah for defreezing of the accounts, especially if they are your livelihood accounts and you are cooperating. If you apprehend coercive action, you may also consider anticipatory bail as a precautionary measure.

Dear Client, Sections 3 and 4 of the Dowry Prohibition Act 1961 prescribe penalties or punishments for giving or taking dowry by either party in a marriage and are enacted to protect women who face the evil of dowry demand. As per Section 3(1) of the Dowry Prohibition Act 1961, if any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more. Thus the provisions of the Dowry Prohibition Act(DPA) provide limited protection to the givers of dowry seeking to file a complaint under this law. Under Section 7(3), of the DPA, prosecutions under this law cannot be initiated based on statements made by a person aggrieved. Apart from this, you can file a complaint against your husband and his other family members who subjected you to domestic violence in the local police station under Section 12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory/restraining order and residence order. You can file a private complaint against the persons in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Given the proposition of relevant laws, you may consult with an Advocate for guidance and steps to navigate the issue in the right way.