#cybercell

Dr Nadeem Akhtar v. State of Himachal Pradesh

Cr M P 1425 OF 2023, Before Himachal Pradesh High Court at Shimla

Bail application was dismissed on 24.07.2023 by Hon’ble Mr. Justice Virender Singh J

Background of the case

An FIR u/s 295A IPC was initially lodged against the applicant by Vivek Bhardwaj, Ex[1]C Chairman, Vyapaar Mandal Mehatpur Basdehda and Subhash Arey, President, Vyapaar Mandal Mehatpur Basdehda. Stating that the applicant who is an Opthalmologist had posted derogatory comments, on facebook, against Bhagwaan Bhole Shankar and Shivling. He is habitual of posting derogatory posts on his facebook account and his act has outraged the religious feelings.

Later Sections 153A and 505 (2) IPC were also added.

During the process of investigation, the police took out the print out of the screen shots of the comments one such screen shot shows an Ox licking the Shivling,

“Are par wahan mila kya murkhon ye to bata do apne bachchon ko. Bata do baba nahin babaji ka mil gaya. Jab ye bachche kabhi bahar jayenge to inhi ke dost inka mazaak udayenge ki tumhare desh mein to ling is king. Saari duniya mein ye nautnki karke bhartiyo ko hansi ka patra bana diya. Dharm ki kuch baatein dabi chupi rehti hain wahin achcha hai. Ye saari nautanki se sari duniya ab hum par hansegi.”.

Resentments amongst the locals was soaring high in Mehatpur Bazar Una Bazar. Rally was organized and effigy was burnt of the applicant.

The Court seeing the status report directed the police to release him on bail in the event of his arrest. And as per the direction of the Court the applicant was released on bail.

His mobile phone was taken into possession and was sent for analysis to RFSL Dharamshala.

Observation of the Cyber Cell

On 23rd June, 2023 C. Ajay Kumar, had submitted the printout of the screenshot of the mobile.

In the Google History of the mobile of the applicant it was found that the applicant has searched as to how to delete the facebook history from mobile and how to modify screenshot of facebook comments.

A request was made by the investigating agency to the organizer of Meta Platform, vide letter, dated 19th June, 2023, to provide the registration details of facebook ID of the applicant, registration details of mobile number with facebook account, as well as, IP details of the alleged facebook ID.

Case of the police

The act of the applicant, has insulted the religious feelings, there is a lot of resentment in the area and against the said facebook post, there are demonstrations.

In case, the interim order is made absolute, the people of the locality may indulge in aggressive demonstrations and it may also result in ethnic disputes. The applicant is very influential and clever person and in case, interim order is made absolute, he may coerce the witnesses and allure them not to depose against him.

The State has prayed for the dismissal of the bail application of the applicant Nadeem Akhtar.

Observation of the Court

No doubt the applicant is participating in the investigation but what he has posted/commented on his FB account are derogatory and has hurt the religious sentiments of a particular section of society.

The applicant is not a layman, but, an educated person, who is well aware about the effect of his alleged post and comments.

We are living in a society and it is the duty of the people of other religion to give due respect to the religious belief of other members of the society.

The applicant has not made any compliant to the police when his FB account was hacked.

The applicant is having status in the society and, as such, he carries more responsibility.

He ought to have exercised more caution before allegedly making the comments or putting post on his Facebook account.

The social media has been used by the applicant for hurting the religious the social media has been used by the applicant for hurting the religious.

The police have also expressed apprehensions, in case, the interim bail order is made absolute.

Apprehensions are not unfounded.

Allowing the bail application, in this case, will also give a wrong signal to the society and it will encourage other persons to make such type of comments, allegedly causing resentment in the minds of followers of the other religions, which is also not good for the secular fabric of the country.

Decision

Considering the facts and the consequence of the offences, committed by the applicant, the Hon’ble Court dismissed the bail application of the applicant.

This article on 'How to Register a Complaint with the Cyber Cell in India?' was written by an intern at Legal Upanishad.

Introduction

The Internet as we know plays a key role in our lives. The accessibility of the internet has opened new possibilities for growth and development. With the host of benefits, also comes the risk of the technology being misused. The amalgamation of crime with the assistance of the internet has opened the possibility to commit a crime by hiding behind the garb of anonymity. Identity theft, fraud emails, financial frauds, hacking, and online job fraud are a few on the long list of crimes that occur using the Internet. With that being said we cannot completely banish the use of computers or devices with internet access but one can tread carefully in the cyber world. With correct measures, one can prevent the prospect of the happening of such incidents. The following article offers a guide on how and where to register a complaint with the cyber cell when one becomes a victim of cybercrime.

The meaning of Cybercrime

Cybercrime is a kind of crime that is committed using the help of computers or devices which have access to the internet. The majority of cybercrime, though not all of it, is conducted by hackers or cybercriminals who wish to profit. An individual or an organization can commit cybercrime. There are organized, technologically proficient, and cutting-edge cybercriminals. Some hackers lack experience. Computer harm for non-monetary reasons is a rare goal of cybercrime. These may be personal or political.

The types of Cyber Crimes

The crimes can be divided into three categories- - Individual –This kind of cybercrime comprises a single person spreading harmful or illegal material over the internet and digital applications. Examples of this type of cybercrime include pornography distribution and trafficking - Property –A real-world instance when a criminal illegally retains bank or credit card information is comparable to this cybercrime. To earn money, the hacker obtains a person's bank account information. They may also conduct online phishing schemes to trick individuals into giving them personal information. - Government- Despite being the least common cybercrime, it is the most serious wrongdoing. Cyberterrorism also refers to cybercrimes committed against the government. Hacking into government websites, military websites, or disseminating propaganda are all examples of government cybercrime.

Guide to Register a Complaint with the Cyber Cell in India

As it is difficult to pinpoint a particular region from which the crime is being committed, the IT Act declared cybercrime as a part of global jurisdiction, allowing the complaint to be filed at any cybercrime cell. The cyber cells allow the aggrieved to file either online or offline by approaching the nearest cyber cell unit. The steps are: 1- Offline Method The steps to register a Complaint with the Cyber Cell via Offline mode are as follows: - Step 1- The party affected can approach the nearest cyber cell with a written complaint addressing the Head of the Cybercrime Cell of your city. - Step 2- The complaint is to be submitted along with the necessary documents and details such as the name, email address, and phone number. - Step 3 – Depending on the nature of the crime the aggrieved would be asked for documents such as email thread or SMS, Screenshots, etc which would help in resolving the matter. - Step 4- Most cities in India have a dedicated unit dealing with cybercrimes. In case there are no such cells the complaint can be filed in form of an FIR under section 154 of the Indian Penal Code irrespective of the jurisdiction at the local Police Station. 2- Online Method One can also file a cyber complaint by reaching the website which was launched by the Ministry of Home Affairs launched on the 30th of August 2019. The site focuses more on the crimes committed against women, child sex abuse, and content about rapes and gang rape. The National Cyber Cell Portal can be accessed through the following link - https://cybercrime.gov.in/ - Visit the website by clicking on the above link. - Click on the option “File Complaint” and accept the terms and conditions. - Create a user account. - Choose citizen login and mention the details asked such as state, username, mobile number, etc. - An OTP is received on the number registered on the portal which is then to be entered. - Clicking on the “Submit” would then lead the user to the next page which has 4 parts they are-- Incident detail- fill in the information regarding the incident. - Suspect detail- under this section the name, identity, screenshot, email, or photograph to be submitted. - Complaint detail- in this section the details of the complaint name, address, email, etc are to be filed. - Purview and Submit- once all the necessary details are filled click and submit the same. The complainant can also download the complaint in PDF form for further reference.

How to Register a Complaint with the Cyber Cell in India?

Suggestions

It is understood now that committing a crime with the help of networks and devices has become easier than we think. By simply sitting behind a screen one execute a crime of dire consequences which is why one must be very careful when sharing information of any personal or professional kind. Following are a few suggestions that can be implemented in our everyday activities while using the internet or devices with the internet. - Be cautious when opening attachments on emails, especially from an unknown sender. - Installing Anti-Virus and other such security tools to be protected from any malware attacks - Be careful when sharing content, pictures, or any such sensitive information unless it is a secure portal. - Being vigilant when performing online transactions, setting strong passwords, etc can be implemented to stay safe.

Conclusion

As for a prolific crop, the pest is unavoidable similarly to a prolific world crime is unavoidable. One can say that cybercriminals have a distinguishing feature of being wisp of smoke in the air, ubiquitous, and difficult to catch or get a hold of. The initiative of the Ministry of Home Affairs of launching an online portal that allows us to report the incident is the need of the hour. This initiative in helping to reduce the number of criminal activities which take place in cyberspace. The above article has provided a step-by-step guide that would help one navigate through the process of filing a complaint in a cyber cell.

References

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