• Case filed for texting unknown number

Hi , I m resident of Bangalore, Karnataka. There is case filed against me under IPC 354 and 66 in Thane, Maharashtra.
I have got call from station to present before SI.

I have got the number in chat site with some name. And I had texted asking if that girl is same and I got her number in so n so site. No more texting.

Is this criminal offense now. If yes how to avoid the case n get the case settled
Asked 6 years ago in Criminal Law
Religion: Hindu

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20 Answers

Hello,

Yes the same is a criminal offence which has been committed.

mark an appearance before the police on the date as asked by the authorities.

Check if FIR has been filed, if the FIR has been filed then try to settle the matter otherwise challenge the FIR in the HC on the ground that you had no criminal intention.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi,

Both the sections are cognizable sections and you need to appear before the police.

Please arrange anticipatory bail if possible in your state before going to see the SI as in this case you will definitely be arrested and produced in the court.

Please meet a lawyer personally and collect all the evidences to prove you innocent but for your bail at the first place.

Good luck!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

How for such message S.354 has been invoked?

There should be some more material which you may not be aware of!.

As it is non-bailable, apply for anticipatory bail.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

To be specific a case against you might be booked under section 354D of the IPC and Information technology act

Yes a case can be filed if you have sent some lewd messages to the women/lady.

To avoid such case u have to be clear that u haven't sent any obscene message.

The offence is non- compoundable so cannot be settled generally.

At the same time , if both the parties have compromised the matter then a petition under 482 of Crpc can be filed in concerned HC.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is advise that you take a local lawyer with you.

Also before going there personally you can just ask a local lawyer to esquire into the content of complaint and see fi the same can be settled without your presence.

Contact some local lawyer based in Mumbai.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Respected sir...

In this case you have to face the trial as FIR had been lodged against you ...Just hire a good lawyer he will help you out ...Sir 354 only registered only when Assault or criminal force to woman with intent to outrage her modesty.-- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, [1] shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine....Sir the msg send by you might have any abusive language so you have be lodge in FIR ...

Try to convince that girl ..As at this only the she is one who can help you out...Else you might be in tourble...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Let lawyer negotiate.

You don't go to police station.

Apply for AB in bangalore high court which will be an interim bail and go to your HC and apply for AB. You will not be arrested.

However, be cautious.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Contact a local lawyer in Mumbai to pursue this matter on your behalf.

In the light of the facts given by you, neither an offence is made out against you under section 354IPC, nor 66 IT Act.

Settle this matter with the Police, if the FIR has not been lodged.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You could be represented through a local lawyer at Mumbai.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Since FIR is registered against you in local police station you should appear before Police station and have your statement recorded

2) deny allegations made in FIR . That you have not outraged her modesty

3) apply for bail and contest case on merits

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You can engage local lawyer in thane

At present only your statement would be recorded

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

I think , you got telephonic information from Thane for appearing before the SI and the problem is that presently you are in Bangalore. If, there is an FIR against you , you should ask him the details of FIR like FIR Number at least.

Now come to section 354IPC and 66 IT ACT.

354-- Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

66A IT ACT--. Punishment for sending offensive messages through communication service, etc.

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; or

(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,

My suggestion will be firstly you must know the details of your FIR and ask the person calling you to send written notice to appear before him because you are very far from him.

If, you have got all the details of your FIR , then better to take Anticipatory Bail from the court of Thane with the help of some local lawyer.

Some time , notorious people using these method to extort money from innocent .

Good luck, Dont forget to Rating

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. Section 354 of IPC is applied in case of assault or use of criminal force on woman with intent to outrage her modesty which can not be done online. and Section 66 of IPC is for imprisonment for not paying fine imposed by the Court which can not be caused for your online activities.

2. The incidence you have narrated does not call for the stated sections of IPC.

3. The police should send notice wherein the sections and the complaint shall be mentioned.

4. It may be a police complaint filed against you for which you should appear before the police to know about the actual complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Instead of going to police officer you may also straight away appraoch Bombay High Court and get a stay on investigation narrating the circumstances. The sections cited by you are bailable one and you can get bail.

IPC Chapter XVI

S. 354

Assault or criminal force to woman with intent to outrage her modesty

Description

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

Section 66 in The Information Technology Act, 2000

71 [ 66 Computer related offences. -If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. Explanation. -For the purposes of this section,-

(a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code (45 of 1860);

(b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code (45 of 1860).]

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. Since police complaint has already been lodged against you, it will be prudent on your part to visit the Thane police station and meet the said SI to settle the matter there itself.

2. You should deny all the charges leveled against you by the complainant.

3. Settling the case in the beginning itself will be prudent on your part by managing the said S.I. since contesting the criminal case by visiting the Thane Court regularly paying the lawyer's fees will prove to be a costlier affair.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Hi....

Sit back and Relax, if any case is registered you will get summons to appear before the authorities.

Thanks.

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

1. Unless the actual text sent across to the complainant is read I cannot say whether it constitutes the offence of outraging the modesty of a woman.

2. If the FIR is filed then apply for and obtain bail at first.

3. You should engage a lawyer and you will have to personally appear in the court to obtain bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

I have got the number in chat site with some name. And I had texted asking if that girl is same and I got her number in so n so site. No more texting.

Is this criminal offense now. If yes how to avoid the case n get the case settled

Being a complaint made against you under the referred section, you have been implicated in the criminal complaint.

Legally you have to appear before the police and give statement which is dangerous since you will be remanded

Hence ignore this as the police from Thane may not travel to Bangalore for this small complaint/case.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Since I am in Bangalore and case filed in Mumbai. Not easy for me to travel and settle the case with unknown police n complainant. Is is possible with out appear in Mumbai and do I need to hire a lawyer and take along if I must go to station.

For a complaint before police, if you have been summoned by police properly as per procedure of law, then you may have to appear before them, give statement and if necessary you may obtain AB so that you are not arrested

Even if you engage the services of a lawyer you have to be physically present in the police station and also before court once the case charge sheet is filed before concerned court.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

ur lawyer can file exemption of personal appearance and you should file a petition of quashing if merely these words were written no offence made out or argue on charge before magistrate

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

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