• Regarding Phone call

Lady A called me three times on my phone (I am a male) and i couldnt attend that call. Later I called her back from another phone of mine. Lady A spoke to e nicely. Later Lady A asked me whether another lady B has shared Lady A's photo to me in whatsapp. I told yes. Later Lady A called me from the phone of Lady B and repeated the same question. Then I denied. Lady A says she had my call recorded and is going to approach cyber cell.
My questions are
(1) Without my permission she called me. Is it valid on my part?
(2) Without myself knowing she recorded my call. Is it valid?
(3) Actually photo was shared. If cyber cell proves it, wil there be any problem for Lady B?
(4) Assuming the recorded call is with Lady A. She is trying to force her colleague Lady B to leave the job. So how to tackle this situation?
Funally, how can I escape from this trap.
Asked 5 years ago in Criminal Law
Religion: Christian

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17 Answers

1. Let she go to any cell, you don't be scared, she is just trying to read your pulse by issuing such threats.

2. Call recording is not a valid evidence, hence she cannot do anything about it, but you may have to furnish some basic facts in order to get more proper opinion and suggestions to solve your problem.

3. No.

4. Without giving the proper background of the problem you are asking opinion on some blunt information, based on the information you have furnished, she cannot do any harm to you.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Without permission , nobody has permission to call , specially a private call 

- Hence, it is not valid , and a complaint call be lodged against her , if she repeated the same. 

2. As per law, Phone tapping/recording of calls without the permission of other party or a court order violates the fundamental right of a person 

- Hence under Section 5 (2) of the Indian Telegraph Act such act is not allowed and punishable.

3. No 

4. Lodge a complaint before the cyber crime cell. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Indeed it is a cyber crime and all are responsible. 

In case of registration of case now you have to state that both the ladies are working together and trying to frame you in a false and misleading case based on the facts you have mentioned herein above .

This way you may get out from the clutches of those two ladies. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. The incidents you mentioned does not constitute any criminal offence of any type on your part. Talking /Recording /Sharing photo etc.... on phone is not any type of offence. 

2. However Lady A & B, both are guilty of trapping you and criminally responsible for offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. There is no legal bar in calling you over phone.

 

2. Unlike USA, recording of conversations is not illegal in India.

 

3. What type of photo of lady A has been sent by lady B to you. If it is normal photograph sent to you, then there is no legal issue as such against you.

 

4.  The incidence reported is not considered as a crime. So, forcing lady B to leave her job on this issue will not yield the desired result. 

 

5. Moreover, no body is forced to leave her service for sending the photograph of her colleague unless there is a crime committed in sending improper photograph of lady A taken with out her knowledge by lady B and sent to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Shating a photo isbnot wrong if there are reasons and if the photo is not vulgar. Deny that you ever said yes. Ket her say anything. Tell her that she trapped you wherein she recorded only that part which is in her favour.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hello,

  1. There is no permission required for some one to call anyone. If despite your asking not to be called can be treated nuisance/harassment..
  2. Most smart phones come with an inbuilt call recorder. Therefore the supposition that the call got recorded.
  3. It greatly depends on whether lady B had permission to share the photo with you and what is the nature of the photo and the purpose.
  4. Let her admit having shared the photo and provide a valid reason for having done so. It is a private circulation and was intended for a specific purpose. This cannot necessarily lead to termination of employment or forced resignation.
  5. You will need to give a valid explanation for the photo being shared with you or fein this was not intended to you and was an error.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Unless and until you mention your relationship with A or B and the background details behind the sharing of photo of B no proper advice can be given. 

Unless and until a crime is committed the Cyber Cell of Police has no role to pay. From your anonymous and minuscule information it is not possible to advice whether a crime is committed here or nt. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

She can record conversation between you and her 

 

2) you have not mentioned whether any private pictures were sent 

 

3) if so transmitting private pictures of person is an offence punishable under section 67 of IT act

 

4) B should refuse to resign from job . No need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. No, Anyone can call Anyone but, it should not be abusive. Here as told by you, she talked to you nicely. 

2. Yes.

3. Yes, it is violation of ITAct

4. File a complaint against Lady A for blackmailing,  proofs will be needed that she is forcing for something in exchange of something. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Here she needs to first establish a offense against you. There is no problem. You can yourself file complaint against her for threatening and blackmailing

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. She does not require your permission to call you.

2. Recording of call on one's own phone, in order to collect evidence, is legally valid.

3. Delete the photo which was shared with you.

4. If she is trying to force Lady B to leave the job then it is between that Lady and Lady B.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Querist

Immediately file a complaint to police against that lady who miss-called you and informed all the details to the police regarding her threats. that complaint shall protect you in the Future.  

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1) She can call, she does not require your permission

2) She can record.

3) Sharing of personal pictures of third persons without their permission is an offence and that person is liable for punishment.

4) Lady B need not budge to black mailing tactics and she need not leave her job

You have not done  any thing, it looks like honey trap, if it goes to investigation stage, you will be  set free, as you have not approached / contacted them directly.  

Stay calm.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

NO case agasint you. Even if B provided you her no. she only called you and not you. You have not committed any crime.

She can record call.

B may face problem for sharing A`s details. But minute issue, B is also safe, no harm. Don`t agree that B has shared anything.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

it's not illegal. 

Call recordings are treated in different manners owing to each peculiar set of circumstances. Also telephone laws would apply to such recordings. Exposing someone's messages or call in public or someone exposing your calls or messages in public is an offence and also violative of Article 21 of the Constitution. 

sharingg private photo is offence under Information Technology Act. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes its in your favour that she called you. 

2. No it is not valid but she can record the call.

3. Yes if photo shared was not of normal type otherwise there is no such problem. 

4. Lady B can compaint against blackmailing of lady A and you can deny about any conversation with lady A.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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