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.
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
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 .
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.
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.
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.
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.
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.
- 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
Cousin ? you mean female ? and text contained sexually explicit act ?
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
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.
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.
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
You may consult an attorney and obtain AB if the FIR has been registered and then you may visit India for other formalities.
- 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.
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.
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.
