• Man being harrased n stalked by a Lady

A friend of mine (MALE who is married already)) was being stalked by a lady, the lady one day got his my friends number thru another known person and called him on his mobile. She expressed her liking & love for my friend. My friend who is married and have a daughter clearly told this lady that it is not possible and not to talk on this topic anymore. 

After that the lady started sending explicit sexual vulgar voice messages thru WHATSAPP on my friends mobile number. My friend who has a good smartphone by default has voice recording app installed on his mobile and so got all the voice recordings where he has clearly denied his any kind of interest to that lady. The voice messages are on Whatsapp as my friend stopped talking calls after 2/3 times of her consistent calls. 

Now I want to know if my friend wants to file a police case against him 
What steps he has to take as he has now a complete CD of all call records
The original phone on which the vulgar message appeared
My friends full call list from the telecom company showing he has never called this lady on her mobile

Please also guide about what kind of sections under IT as well as crpc can we file on this lady?

Any repurcussions will happen?

Please guide.
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

Dear User

Ideal thing would be to keep quite for some time and collate all relevant information, details and proofs in support of your friend's non involvement etc.

If you take steps and try to raise the issues before appropriate authority, it may have negative effect on him.

We are not scaring you.

The other way round, if she goes to any forum your friend will be better placed to defend himself.

Going by enactments which are women friendly, it is always good to be away from such issues.

Your Choice.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Client,

There`s no need to file complain until it come above head. Instead avoid her absolute n no meet ever.

No such offense accounted in Indian Penal Code committed against MEN.

Sec 66 A I T Act.

AND if u will file complain, at least police will reprimand her not to trouble him.

She can rehabilitate with false charges of sexual harassment and like.

Yogendra Singh Rajawat
Advocate, Jaipur
22646 Answers
31 Consultations

4.4 on 5.0

sexual harassment laws in India are not gender-neutral, and, for the most part, recognise that in sexual harassment cases, the victim is a female and the perpetrator is a male. For instance, the Section 354 of IPC criminalises assault or use of criminal force to woman with intent to outrage her modesty. Other sections of the IPC include 354A (punishes sexual harassment committed by a man against a woman), 354B (punishment for intent to disrobe a woman), 354C (voyeurism), 354D (stalking), and section 509 (word, gesture or act intended to insult the modesty of a woman).

2) if you are being harassed by lady file police complaint against him under section 504 of IPC

Ajay Sethi
Advocate, Mumbai
94765 Answers
7543 Consultations

5.0 on 5.0

1. Yes your friend can file a police complaint against the said girl.

Write all the facts in detail and give the information to the police along with all the evidence.

No section of IT act will be attracted, section of criminal intimidation, threatening etc can be charged on her.

You do not have to write sections in the FIR, the section will be involved by the police after pre liminary investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Respected sir ..

Sir just go to police station and lodge FIR against such stupid women ...This is not only harassment but it may destroy the life of your friend ...It's upto police which section they impose over that women ...Keep all the recording safe and insert it in a C.D and give it to police along with certificate of 65-B of Evidence act ...

Your FIR will work itself ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

HI,he can file a police complaint under IT act for vulgur communications ..police will invesigate the matter and will file FIR accordingly

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Information Tech Act- Section 57

IPC- Section 292 and 507.

There are not going to be any repercussions. It's just that the law is not very strong for males to report incidences of sexual harassment. The Police might downplay the whole thing.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Law is biased and had it been vice versa many lawyers would have answered and advised that lady to file complaint against you. Now, you can block her contact. And block all her contacts if she tries from other number. Never respond. File a complaint through your wife that this lady is enticing another man who is married.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Section66A of IT ACT clearly defines the Punishment for sending offensive messages through communication service, etc. as under:

Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly offensive or has menacing character;

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

That person shall be punishable with imprisonment for a term which may extend to three years and with fine.

AND out of this section Section 144, IPC, 1860 is also there to punish the accused.

Prepare a police complaint against that lady after narrating all the facts as you have written here along with the said proof/cd and calls details and lodged an FIR against that lady immediately.

If, police not ready lodge FIR ,then forward this complaint to higher police official.

This is for your friends safety purposes , otherwise tomorrow she will blackmail him in future.

Good luck and dont forget to Rating

Mohammed Shahzad
Advocate, Delhi
13257 Answers
198 Consultations

5.0 on 5.0

1. File complaint with Cyber Crime police u/s 67,67A of IT Act and u/s 354D of IPC.

2. In case police refuse to register FIR then approach a lawyer to file complaint with jurisdictional magistrate court u/s 156(3) of CrPC.

If you need more info. then discuss with me.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

If the lady is intimidating or defaming him he can go for 506 and 500 of IPC. As section 66A of IT Act is repealed by supreme court you can't file in this section.

Prashant Nayak
Advocate, Mumbai
31955 Answers
180 Consultations

4.1 on 5.0

Your friend after securing the evidence, can lodge a complaint with the cyber crime police and submit the evidences in his possession.

Please remember that no original evidences are to be submitted with the police at this stage, let the police investigate the case on the basis of the copies of the evidences before them.

The original evidences may be submitted before court at the time of trial proceedings.

T Kalaiselvan
Advocate, Vellore
84966 Answers
2202 Consultations

5.0 on 5.0

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