Mr. A is working as a CEO in a leading financial institution. On weekends, he spends time with family and on his hobbies like photography, singing and reading books. He is also active on various social media platforms an

CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · PYQS · June 2024
Mr. A is working as a CEO in a leading financial institution. On weekends, he spends time with family and on his hobbies like photography, singing and reading books. He is also active on various social media platforms and uploads their activities on the platforms. Last month, he participated in a professional photography exhibition and presented his photographs to viewers and got appreciation and won award for that. After some time, he found some threat posts on his social media platforms and he becomes a victim of online harassment and cyberbullying. The perpetrator continuously posts defamatory content and threats against Mr. A, causing significant distress and reputational damage. IT Analyst of Mr. A's Company discovers a data breach compromising sensitive customer information, including banking credentials and personal details. The breach exposes thousands of customers to identity theft and financial fraud raising concerns about data protection and cyber security. The aim of the Mr. A's organization is to prevent any data breach incident before any malware is able to access network server or before vulnerabilities in the software are exploited by hackers. One day Mr. A found that his copyrighted images being used without authorization on various websites and social media platforms. Despite his efforts to request the removal of infringing content, the unauthorized use persists, leading to financial losses and infringement of his intellectual property rights. His wife is an active social worker and she post the social work activities governed by her on the social media like Facebook and Instagram. She is a shopping lover and lost her credit card last week in the market and forgot to take action on missing credit cards. Recently she received a series of obscene messages from an unknown number. The accused also sent emails to her and created a fake account on Facebook containing morphed and offensive images of her. She receives a message from the bank about the deduction of some amount against online purchasing. An online marketplace experiences a surge in fraudulent transactions, with perpetrators using her stolen credit card information to make unauthorized purchases. The fraudulent activities result in financial losses for both the e-commerce platform and affected her with mental stress. She suggests to the e-commerce platform for the need of apply robust cyber security measures and fraud detection mechanisms. Legal experts analyze each scenario of Mr. A's Family in light of relevant Indian cyber laws, judicial precedents, and established legal principles to determine the appropriate legal recourse and potential liabilities for the parties involved. Based on the specific facts and circumstances of each case, strategies are developed to address the legal challenges, protect the rights of victims, and ensure compliance with regulatory requirements. Through litigation, negotiation, or alternative dispute resolution mechanisms, legal professionals work towards achieving favorable outcomes for their clients, whether it involves obtaining compensation for damages, securing injunctions, or prosecuting cybercrime offenders. In the above case scenario, answer the following questions: What are the various legal provisions of IPC under which the court can take judgement against accused who sent emails to Mr. A's wife and created her fake account on Facebook that contain the morphed and offensive images?

Answer & Explanation:

The following legal provisions under the Indian Penal Code, 1860 (IPC) apply in the given factual situation: Section 292 and Section 293: Section 292 and 293 of IPC prohibit publication and sale of obscene books, pamphlets, paper, writing, drawing, painting, etc. which shall be deemed to be 'lascivious or appeals to the prurient interests', which can include obscene advertisements. The purpose of this section was to address the sale of obscene materials, however, in this digital age, it has evolved to deal with various cybercrimes as well. Both these provisions also regulate the manner in which obscene material or sexually explicit acts or exploits of children are published or transmitted electronically. The penalty for such acts is imprisonment up to 2 years and fine up to ₹2,000, respectively. The punishment for any of the above crimes may be up to five years of imprisonment and a fine of up to ₹5,000 for repeat (second-time) offenders. Section 354C: In this provision, cybercrime is defined as taking or publishing pictures of a woman engaging in a private act without her consent. In this section, voyeurism is discussed exclusively since it includes watching a woman's sexual actions as a crime. In the absence of the essential elements of this section, Section 292 of the IPC and Section 66E of the IT Act are broad enough to include offences of an equivalent nature. Depending on the offence, first-time offenders can face up to 3 years in prison, and second-time offenders can serve up to 7 years in prison. Section 354D: Stalking, including physical and cyber stalking, is described and punished in this section. As per this section, the act of any man following and contacting a woman to foster personal interaction despite indication of disinterest or monitoring the use by a woman of the internet, email or any other form of electronic communication amounts to the offence of stalking. This offence is punished by imprisonment of up to 3 years for the first offence and up to 5 years for the second offence, along with a fine in both cases. In the case of Kalandi Charan Lenka vs. the State of Odisha (2017) before the Orissa High Court, the victim received a series of obscene messages from an unknown number. The accused also sent emails to the victim and created a fake account on Facebook containing morphed and offensive images of her. The Orissa High Court, therefore, found the accused prima facie guilty of cyberstalking on various charges under the IT Act and Section 354D of IPC.

Topics: Cyber Laws

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