Dear Sir,
My answers are as follows:
1.Is it crime if a husband /wife or bf/gf share nude /adult pics or video via WhatsApp or Facebook? Under what Act its crime? Only sending is crime or receiving and storing is also crime? If man asking adult picture from woman and woman/wife/gf sharing the same then only woman is culprit or man will also become culprit? Is this not a crime under IT act, 67A?
Ans: It is an offence both under the provisions of Indian Penal Code under Section 498 and also under Section 67 of IT Act.
- Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Note: Now Supreme Court has made it clear that in adultery cases by married women no punishment can be given but husband is entitled for divorce. Further I am of the view husband is entitle for divorce and also for huge compensation. Further I am of the view that the said guy is liable to answer offence under Section 498 IPC as above.
2.Is sexting crime in India via chat and audio call where no adult pictures or videos involved?
Ans: The word “Sex” has vide meaning and it need not necessary exhibited or exchanged only through pictures. Even audio conversations are sufficient. The husband can bring a criminal and civil proceedings against such wife and her boyfriend.
3.How can police (IO) get authorization to enter Paramour’s house which is in different state to search and seize Electronic device like smartphone, laptop? How or when can I request to Judge/ IO to seize his phone.
Ans: If private complaint is lodged under Section 200 Cr.P.C and refer to police for investigation under Section 156 (3) of Cr.P.C then police officer have such powers with or without specific permission of the Magistrate.
4.Can i file case under IT Act,2000 for my Facebook and WhatsApp hack against paramour? Against my wife for sharing my private chats and sending private pictures under IT act 2000, Sec 67A? For privacy breach IT Act under section 43 and 72?
Ans: You can file complaint with Cyber Police Station or Private complaint before a Court dealing with cyber offences.
5.If my wife's brother abused me on WhatsApp that I was forcing wife to become sex worker and I have illicit relationship with many woman, then can i file any case against him? Under what section it will applicable as IT Act 66a is already scraped by Supreme Court.
Ans: You have every power to lodge private or police complaint against your brother-in-law various sections of IPC and IT Act.
6.Can I file case of 419, 420 and blackmailing against my wife, her family and paramour?
Ans: It is better to file complaint under Section 498 IPC read with other sections against such paramour.
- If i file perjury against my wife's mom and her uncle who took false oath in 498a but if Judge is not filing case against them then what to do?
Ans: If perjury application is not looked into by the Judge then you can prefer appeal or revision against such in action or against orders of rejection by the Trial Court.
8.If case is on hold in HC under 482, then still if wife file complain case to another state police station? And if police know that case is on hold in HC then still police can force husband to come police station? Isn’t this contempt of court? Both Wife and police can be penalized? What is process?
Ans: You have a right to place all such records before the High Court under whose jurisdiction such Police Station comes and take stay of the further investigations and calling you to such Police Station for investigations.
9.In 125, if Wife lie that she is not working and however if I provide her employment detail then will it consider as perjury and will wife get punished or again Female biasing?
Ans: It is an offence of perjury and you can initiate such action.
- Any Experience Cyber crime Advocate from Bangalore ?
Ans: No comments.