• 67a

Hello , i am a citizen of canada . My uncle in india had an argument with my brother and father and he pushed my old dad.
Out of anger i texted my cousin and abused him and told him he have to bear the consequences.
They filed FIR under 67A against me .
What are my options as i want to come visit my family.
Asked 1 year ago in Criminal Law
Religion: Sikh

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17 Answers

You father should file complaint against your uncle for Criminal intimidation under section 504 506 of IPC for acts endangering peace for threatening him , assaulting him 

 

2) you can come down to India contest false case filed against you 

 

3) apply for and obtain bail from trial court 

Ajay Sethi
Advocate, Mumbai
78818 Answers
4737 Consultations

5.0 on 5.0

You make a complaint against the police officer who registered the FIR for wrong applicantion of the section 67a.

67a shall not be applicable in this case. 

File petition in high court for quashing the FIR on ground of wrong application of section 67a.

You can take action against the concerned police officer by complaining to higher authority of police . 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

1.  The mentioned impatient outburst by you does not attract Section 67A, which is for "Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form".

2. From above it cannot be proved that your abuses were "sexually explicit", in anyway.

3. IF there are apprehensions, THEN file FIR Quashing matter before the HC.

Hemant Agarwal
Advocate, Mumbai
5406 Answers
25 Consultations

5.0 on 5.0

Hello, no need to worry in this, your act was an outcome of the act of grave and provocation and if you show this aspect clearly then it would be no issue for you. And it is a piece of advice that your family should also file an FIR against your uncle so that the police will get the whole scenario and court and police will not take action against you.

Harshad Joshi
Advocate, Ahmedabad
10 Answers

Not rated

1. Check whether any FIR is registered or not.

2. if registered the persons named therein will have to apply for bail.

3. Else talk to the police and close the complaint.

4. on the basis of text messages of this nature no serious offence has been committed.

5. Do make a counter complaint of hurt and trespass agaisnt the offender.

Devajyoti Barman
Advocate, Kolkata
21539 Answers
311 Consultations

5.0 on 5.0

See if FIR is filed against you then in that case you can be arrested on your arrival so to avoid that you need to either settle with them and quash the FIR or as soon as you are in India you need to seek anticipatory bail.

Also there can be issue while returning back.

Shubham Jhajharia
Advocate, Ahmedabad
25493 Answers
111 Consultations

5.0 on 5.0

If you are talking about section 67a of the information technology act. Than not a problem, because you have just said what you meant or feel in anger due to fight between your uncle and dad.

 

See below what 67a says abt it in law

 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Ganesh Kadam
Advocate, Pune
11563 Answers
107 Consultations

4.9 on 5.0

- Do check the status of case and for what purpose it is pending. Generally such cases are quashed or withdrew by complaint.

- Incase the case is still in proceedings, do file the petition for Anticipatory Bail.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
704 Answers
6 Consultations

5.0 on 5.0

Cousin ? you mean female ? and text contained sexually explicit act ?

Yogendra Singh Rajawat
Advocate, Jaipur
21336 Answers
31 Consultations

4.4 on 5.0

It will be 66A and not 67A. 66A is already scrapped by court so police cant take action on the same. And 67A is for transmitting material related to sexual nature. And not for abusive language and message

Prashant Nayak
Advocate, Mumbai
22064 Answers
49 Consultations

4.4 on 5.0

first the section 67A of IT Act is non-bailable one and not a section of 66A

if it is really section 67A of IT Act read as follows:

Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form. - Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

 

Mohammed Mujeeb
Advocate, Hyderabad
18637 Answers
11 Consultations

4.5 on 5.0

The option you have at this stage is to hire an advocate and file Anticipatory bail in session court to avoid arrest in the FIR of IT act. 

Mohit Kapoor
Advocate, Rohtak
10538 Answers
7 Consultations

5.0 on 5.0

You should tell your relatives to file a reply and be present in the police station. In any case file a petition for fir quashing in the high court in case the police summons you.

Regards 

Rahul Mishra
Advocate, Lucknow
11461 Answers
20 Consultations

5.0 on 5.0

You may consult an attorney and obtain AB if the FIR has been registered and then you may visit India for other formalities.

 

T Kalaiselvan
Advocate, Vellore
68844 Answers
929 Consultations

5.0 on 5.0

- Section 67a in the Information Technology Act, 2000 refers Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.

- Further this offence is congnizable and non bailable . 

- Since, you have abused your cousin and threatened him for dire consequences onlly, so, this section will not prevail.

- Be sure , it may be section 66 a , as it applies , when sending of offensive messages through a computer or other communication devices.

- If, you are coming to India , then you will have to take bail from the court , if 67 a 

- Generally under such type of acts , no FIR registered. It may be only Complaint against you . FIR always containg a number and date .

- Since , your old dad was pushed and insulted by them , hence inform you dad to lodge his complaint as a counterblast. Your said relative will settle the disputes himself. 

 

Good luck and dont forget to raing Positively.

Mohammed Shahzad
Advocate, Delhi
5289 Answers
51 Consultations

5.0 on 5.0

Dear Sir,

fist the section 67A of IT Act is non-bailable one and not a section of 66A

if it is really section 67A of IT Act read as follows:

Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form. - Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

better file second bail application u will get bail surely. this is not an offence punishable with death or life imprisonment.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

1. Since FIR has been filed against you, it is necessary for you to arrive at India and avail anticipatory bail first.

 

2. Thereafter you shall have to contest the case fittingly.

 

3. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
24616 Answers
701 Consultations

5.0 on 5.0

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