• Threat cause of a question

Some girl on Facebook sent me a request ,I didn't know her so I asked her ' Who the fuck are you'? And she didn't even know me but she started abusing me also used the word ' motherfucker' and more and now she said she is lawyer but she is not ,she asked her friend to send me messages as below.

I am filing criminal charges against you under section 66A, 749, 792 and 930
State your address for serving notice or else I will inform the local police and they will serve the notice instead I give you a day else I will go ahead with the police
I am also reporting your profile to Mumbai Cyber Crime bench for further processing. 
 
What actions can I take and is this serious matter as I just asked 'Who the fuck are you as I didn't know her'?
Asked 5 years ago in Constitutional Law

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

Just tender an unconditional apology mention that you had no intentions to hurt her  feelings 

 

it is doubtful that that she would file case against you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

abusing anyone on social media attracts penal action,

anyway,

as she replied in the same manner and now threatening you, therefore,

you can make a police complaint against her for causing harassment, blackmail, etc

alternatively, 

apologize in a very positive manner and let it be,

it is pertinent to mention here that she is only threatening, will not file any complaint and moreover I never heard sections 749, 792 and 930.

keep a record of all conversation, to use, in case of any action by her

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

If the message you are sending is offensive or defamatory in nature then action can be taken against you, matter is not serious cybercell cannot intiate any legal action against you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There is no harm in apologising to put an end to the dispute 

 

in event girl files FIR against you apply for and obtain bail from trial court 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

See there won't be any serious consequences as such of it , she is building pressure on you might be trying to extort , just ignore for day and two , even if police complaint is filed in mumbai for single sentence police will not take any serious steps.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further just ignore her and section 66A is already struck down by SC and is unconstitutional.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Not to worry at all. This is not very serious issue. A single bad word rarely cause any emotional outrage or insult to anybody. Further section 66A is in total vouge. 

Further it is part of correspondence interacting with each other clearly distinguidable from any distinctive messages.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

It is fake call, block any attempt to contact/ msg you. No case made out and somebody approaching you and you rebuffed even with more stern abuse, no criminal case. Neither except 66a , other sections are available in Indian penal code.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Don't give any replies to her. Block her. Log out from the facebook on all devices. Unistall it if on phone. You don't know whether she is a girl really. 

 

Don't give any address to any one. You are being trapped. You may be blackmailed for crimes you don't commit.

 

You must not be provoked by the provokations. Stay calm. You must not reply under anycircumstance whatsoever .

 

We will defend when you recieve the police notice if any.

If you recieve any such message , or any private notice, you must not reply.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

You can  file complaint against her for abuse under section 506 IPC.  You can also file cases under information technology Act.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Hi,

Using slang may be normal at some places, but at some place it may be risky and that's what faced by you. From your question, many things are not clear as to how the message of her friend was delivered to you. Was her friend known to you? and what was the mode of the message i.e. facebook chat, whatsapp or sms. Your action will be accordingly. It can be read as between the lines that she or her friend don't have your address. You are suggested not to indulge in further slang with her or anyone.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

incase if she file complaint then you can also file a counter complaint against her. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There are no sections like this in the Indian penal code. She is lying. She will not do anything. Rather report her to the Facebook and block her.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

You haven't done anything wrong but keep your temper in control.

There are more ways of asking who are you...

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. To address even a stranger, who has sent a friend request, in the manner that you addressed is affront to all norms of civil behaviour. 

2. Be that as it may, no case under the Sections mentioned by you is made out. However, the reality is that Information Technology Act, 2000 is a draconian law. So if police lodges the FIR then you will have to apply for bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear 

As per your version and their notice to you I think that person is just making fool of you. As there are no such sections in IT act. 

But it is data of cyber crime against woman  2014,2015,2016.

The real version is As per the data maintained by National Crime Records Bureau (NCRB), Ministry of Home Affairs, a total of 749, 792 and 930 cases of cybercrime against women were registered during the year 2014, 2015 and 2016 respectively under sections 67 and 67A of the Information Technology (IT) Act 2000

and merely speaking this word to an unknown profile doesn't amount to an offence but you should be careful with your words in future to keep yourself out of trouble. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You may better block her on all social media including face book media and ignore her threats.There  is no such sections called 749, 792  and 930, she is making a fool of you.

However instead of stretching this issue any further you may just ignore her by blocking her and forget it.

She may not contact of be in touch with you after that. She do not have any case to file against you because she too has called you by abusive names.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

That is why you are advised to just ignore her messages, block her and forget the issue instead of stretching it too far and get stressed till the issue is solved or gets ugly

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer