One of my very close friends who got divorced 2 years back ,happened to interact with his ex wife on the phone , she apparently went around telling his, boss who she happened to meet, that he is gay and having affairs with lot of men ,my friend who got into a fit of rage sent sent some lewd sms(only 2 sms) , now she is claiming to file a case with the police My question is how to advice my friend to be safe in this situation What are he steps that he can take to prevent him from having problems from the police and what can he do immediately to get out of this
See as such no step can be taken in anticipation, if she goes on to file a complaint police will not register an FIR directly, the police will carry on a preliminary objection wherein your friend can put in his defence.
As of now there is no legal way by means of which you may prevent other person from filing a complaint.
Regards
1.DO not worry on the basis of such sms no serious case would be filed.
2. She may inform the police but no non bailable offence would be initiated on that basis.
3. So stay assured as no police case is likely to be initiated.
Sending lewd sms is crime u/s 66A,67 of IT act.
If any complaint/FIR registered then apply for AB.
Your friend can file complaint of criminal defamation against his ex wife for having maligned his reputation by informing his boss that he is gay
2) it would pressurise his ex wife to enter into settlement
3) in case FIR is filed against your friend for sending owed messages to ex wife he should apply for and obtain bail from court
4)contest the case on merits
My follow up question is on what basis can my friend applying for anticipatory bail ,his wife is still not filed any case and its already a week since this incident happened !so on what basis can he file a A/B
1) only if FIR is filed can you apply for anticipatory bail
2) as on date no FIR is filed so no bail can beapplied for
In general, bangalore cyber crime police will reach out to accused after couple of weeks of filing the complaint.
Only after seeing the complaint or FIR we can know the grounds to seek bail.
You can reach me on this.
No requirement of AB in this case maam
I wonder if your friend would at all require anticipatory bail as on the basis of his alleged acts no non bailable offence is committed nor there is any scope for registration of FIR.
1. He should cease all communication with her.
2. If she files a case against him for lewd messages then he can also file a criminal complaint against him for defamation for claiming he is gay.
3. Anticipatory bail can be applied by your friend only after the FIR is filed, not before it,
Though this is an offence under both IPC as well as IT act and a cyber crime, your friend can very well apply for anticipatory bail if she decides to register the complaint and a FIR for such an act.
Sooner he gets a call from police summoning him to appear before them for investigation or inquiry agaisnt the complaint lodged by his ex-wife, he should become alert of the situation and avoid visiting police station by giving some lame excuse and apply for AB immediately.
My follow up question is on what basis can my friend applying for anticipatory bail ,his wife is still not filed any case and its already a week since this incident happened !so on what basis can he file a A/B
He cannot apply for AB immediately even before she lodges a complaint, he has to wait for a call from police after she lodges a complaint. For that he has to be vigil about the developments so that he is not caught unaware of the issues at his back.