• Only Cyber Crime Expert Please

My marriage was arranged via Shaadi.com. Before Engagement and marriage, we used to talk on WhatsApp and Facebook. After marriage within 2 months I caught my wife as she was sending private pics to her paramour, with whom she was in relationship from past 7 years. 
After that my wife left home and filed false 498a and 125 in spite all marriage expenses bear by my family. 
Later her paramour revealed that before marriage both of them were in live-in in same flat . He told all chats, messages which my wife used to share with me before and after marriage. Most of time he was sending blue films pics from my wife’s phone. All his confessions I have recorded and those incidents and chats which he told me are exactly matching with WhatsApp chats and Facebook which I did with my wife. As per him he hacked my all accounts and have more than 4000 screenshots but I know that’s my wife involved in all of this. They planned this marriage for Jewelry (stri-dhan) and money. Now he is black mailing me to give her divorce. 

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?
2.Is sexting crime in India via chat and audio call where no adult pictures or videos involved?
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. 
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?
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. 
6.Can I file case of 419, 420 and blackmailing against my wife, her family and paramour?
7. 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?
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?
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? 
10. Any Experience Cyber crime Advocate from Bangalore ?
Asked 4 years ago in Criminal Law
Religion: Hindu

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9 Answers

1) Hacking is an offence under section 66 of the IT Act. Hacking attracts serious penalties which include a jail term of 3 years, a fine of Rs. 2 Lakh or both.

 

2) For Adultery previously there were adultery  act for both wife and the other person than husband  under section 497 IPC but as per Supreme court decision it's declared as biased.

 

3) If they have filed false 498a against you than you can file defamation case against all of them. 

 

4) Sec 125 CrPC no here anyway wife will be getting maintenance whether she works or not as per SC order.

 

5) At any cost you don't give her divorce until and unless she withdraw first all cases against you and pay your all your lost amount.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Sections 66E, 67, 67A of the Information Technology Act: publishing of private images of a person without his  consent., publishing and circulation of what the act calls 'obscene' or 'lascivious' content. 

500 IPC- simple imprisonment for a term which may extend to two years, or with fine, or with both.

Sections 66E, of the Information Technology Act

For violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

 Sections 67, 67A of the Information Technology Act : 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. 

 

Hope this information is useful.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1 Since adultery itself is no more a crime the sharing of respective nude pictures privately between two persons in any medium is no crime unless one of them makes it public. 

2. No

3. Since no crime is committed here police can not enter into his premieres.

4.No case lies.

5. Section 506 if IPC lies.

6. No

7. No case of perjury lies under this circumstances.

8. On the basis of same charges no second cas ewill lie but on the basis of new facts police or your wife cans tart another case.

9. Yes, you can file case u/s 340 of crpc.

10. Get in touch.

File suit for divorce on the ground of adultery. 

 

 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) number of lawyers on this website from Bangalore . Contact any of them 

 

2) if wife has made false statements on oath you can file application under section 340 cr pc for perjury against wife 

 

3) you are at liberty to file case of cheating against wife and her lover under section 420 of IPC 

 

4) if case is stated by HC and wife files complaint in another police station draw attention of poluce to HC order 

 

5) you can file case of defamation against wife brother under section 500 of IPC 

 

6) you can file case against her lover for hacking under 66 of IT Act 

 

7) against wife under section 67 A for transmitting your private pictures 

Ajay Sethi
Advocate, Mumbai
94693 Answers
7527 Consultations

5.0 on 5.0

1. No, but if send without consent of other , then it is a crime under section 67 and 67A of the IT act , which prohibit the publication and distribution of obscene and sexually explicit material respectively, 

2. No

3.  Only for above reasons , police cannot seize or arrest anyone, specially without any compliant by the woman , police will not take any legal action.

- But husband can lodge a compliant for cheating and breach of trust under the provisions of IPC. 

4. Yes, As per law, Whoever is trying/attempts of hacking/intrusion on your personal devices(Iphone, laptop, tablet) without your permission , is doing crime just like Theft /Fraud/Forgery/Defamation and mischief /Hacking.

- Further that person deserves  for punishment and fine as per law under IPC and  Information and Technology Act, 2002 and Cyber Crime Law.

- Such person shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

5. You can file an application under section 340 CrPc for lodging an FIR against them on this ground.

6. Yes,

7. under section 340 CrPc 

8. Yes, she can file compliant , until High court quash the FIR or grant stay against filing any case by her. 

- No contempt made out. 

9. Yes, you can move an application for lodging an FIR against her . 

- if, you have no proof of the same , then it will be difficult to lodge a complaint.

- But, if it repeated , then report the said matter to the Cyber Crime Cell for further investigation and punishment.

10. You should register a Cyber Crime FIR at the nearest local police station to report them for offence as mentioned above, because as per law, It is mandatory under Section 154, CrPc for every police officer to record the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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.

  1. 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.

 

  1. 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.

 

  1. Any Experience Cyber crime Advocate from Bangalore ?

Ans: No comments.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

No crime but wife infidelity and ground of divorce and refusal of maintenance. Between consenting adults, no crime sharing personals.

Polcie cannot.

For hacking you can file.

Not until they are blackmailing you for misuse of your private object.

Perjury will file when court will decide wife allegation false.

With case cause of action, no fresh FIR maintainable, if any filed, inform that police and stay order of HC


Except hacking, nothing comes under cyber crime.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. No it is not a crime to chat with your fiance by sending 

2. Sexting is not a crime of it is with consent of girl. 

3. You should lodge FIR against that person for hacking your whatsapp account and blackmailing with your chats and photographs.

4. Yes

5. You can make application under section 340 CrPC for giving false evidence and statements in court 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that he and your wife, both, have been trying to blackmail you.
  2. Yes, sending all these things are crime under IT act and IPC also, but subject to the consent of the lady, and in your case she has been consented to it, so you have not harmed her privacy and respect.
  3. Record their statements and file a counter complaint on them for blackmailing you.
  4. Along with the same, file a divorce petition on the ground of adultery and cruelty.
  5. In this way, you may able to come out of her false cases also in future as this is showing their bad intention to grab money from you as if you happen to get divorce on any of these grounds then you will be saved from paying any alimony.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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