cyber law in india? urgent help
- Thread starter dfinch
- Start date
- Replies 49
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thank you ALL for sensible replies which were helpful.
jaymin dude . please help me with another thing . on the first page . Raditz was kind enough to reply the following
They had no right to touch your cousins property under coercion without a court order. File a police complaint.
His written statement doesn't amount to #@$# since it has been taken by an individual under coercion and bodily threat. Confessions only stand good if they're taken by a magistrate or a police officer acting under directions of magistrate and under his presence.
can you shed some light and suggest on this matter?
thank you
jaymin dude . please help me with another thing . on the first page . Raditz was kind enough to reply the following
They had no right to touch your cousins property under coercion without a court order. File a police complaint.
His written statement doesn't amount to #@$# since it has been taken by an individual under coercion and bodily threat. Confessions only stand good if they're taken by a magistrate or a police officer acting under directions of magistrate and under his presence.
can you shed some light and suggest on this matter?
thank you
i would suggest removing all traces of admission in this thread. do not admit to doing ANYTHING. if you want i can delete this thread completely.
my cousin has nothing to do with this forum and my proper details are not filled in my profile. what more could be a problem ?
my cousin has nothing to do with this forum and my proper details are not filled in my profile. what more could be a problem ?
I had read that post......
Regarding Confiscation - i am in doubts as to who has the power to confiscate.....A Police Officer or any person who has been a victim of the offence.
Can u tell me, whether the Laptop was confiscated by the police, or atleast, they confiscated in the presence of police, or not.
If Police wasnt involved at all, then i think confiscation may be illegal. Because even if the Company has evidence of the offence, still, it has to report to the Police/Authority, in order to be able to confiscate.
As regards the Confession - again, as i said that if they have adequate evidence at their side to prove the offence, then there is no need for any confessions as such.
What i mean to say is - even if ur cousin does not Confess, the evidence would be sufficient to prove the offence.
99% chances are, they would be having some sort of evidence.......
---------- Post added at 06:14 AM ---------- Previous post was at 06:09 AM ----------
I think admin is very much right.
Regarding Confiscation - i am in doubts as to who has the power to confiscate.....A Police Officer or any person who has been a victim of the offence.
Can u tell me, whether the Laptop was confiscated by the police, or atleast, they confiscated in the presence of police, or not.
If Police wasnt involved at all, then i think confiscation may be illegal. Because even if the Company has evidence of the offence, still, it has to report to the Police/Authority, in order to be able to confiscate.
As regards the Confession - again, as i said that if they have adequate evidence at their side to prove the offence, then there is no need for any confessions as such.
What i mean to say is - even if ur cousin does not Confess, the evidence would be sufficient to prove the offence.
99% chances are, they would be having some sort of evidence.......
---------- Post added at 06:14 AM ---------- Previous post was at 06:09 AM ----------
I think admin is very much right.
well they are going to have evidence in the form of large amount of bandwidth being consumed by your machine when it was not allowed to. mac spoofing? unlikely. and sort of hard to prove in the court of law. access to laptop enables them to find the required evidence. but it is not clear whether it would be admissible in courts. i mean they confiscated your laptop without getting the courts involved from what i see. your friend should consult a lawyer immediately. and a good one. you might have a solid case against the company for taking away your laptop without using the legal route.
they can pursue me and ask for your details from me? and then they can link you to your cousin/friend?
the point is... you can always ask for advice WITHOUT admitting to anything. i hope you get my point.
you are right let me edit my first post . and as soon as i have enough information, and my cousin is going to end this matter within few hours . ill trouble you or someone to delete this thread completely .
appreciate it. thanks
I had read that post......
Regarding Confiscation - i am in doubts as to who has the power to confiscate.....A Police Officer or any person who has been a victim of the offence.
Can u tell me, whether the Laptop was confiscated by the police, or atleast, they confiscated in the presence of police, or not.
If Police wasnt involved at all, then i think confiscation may be illegal. Because even if the Company has evidence of the offence, still, it has to report to the Police/Authority, in order to be able to confiscate.
As regards the Confession - again, as i said that if they have adequate evidence at their side to prove the offence, then there is no need for any confessions as such.
What i mean to say is - even if ur cousin does not Confess, the evidence would be sufficient to prove the offence.
99% chances are, they would be having some sort of evidence.......
ty again.
no , no police or lawman of any kind was involved just 4-5 guys who came to his house and indirectly pressured and threatened him. he is just 20 and must not have handled the situation definitely well.
by the way just for information to everyone. i wasnt there, i am living in a different city right now. but lets say in other words i would be in his boat if was there
as far as i was able to learn, there is no technical evidence that he ACCESSED their servers. he was using heavy bandwidth from his computer. and they managed to reach him through the IP address / computer name combination.
he has not clearly said anything that he was responsible . he blamed it on "tons of other friends and friends of friends" that use his laptop.
the laptop is password locked. i doubt they will be able to conjure anymore evidence.
to add more, my cousin believes that the local isp guy is himself scared extremely as if there is any miscreant use of internet during the period. he himself will be looking for jail time . which is impossible as my cousin is just a nerd downloader and nothing else.
for example the isp guy asked frantically whether my cousin was a bookie
(my cousin is a simpleton b.tech college student by the way ) (clearly not simpleton when it comes to computer networking ofcouse :hysterical
well they are going to have evidence in the form of large amount of bandwidth being consumed by your machine when it was not allowed to.
mac spoofing? unlikely. and sort of hard to prove in the court of law.
access to laptop enables them to find the required evidence.
but it is not clear whether it would be admissible in courts. i mean they confiscated your laptop without getting the courts involved from what i see.
your friend should consult a lawyer immediately. and a good one.
you might have a solid case against the company for taking away your laptop without using the legal route.
like i said above . the laptop is password locked. and it was confiscated by the LOCAL ISP provider guys . no company man is involved currently. cant say about tomorrow when he has to present his confession letter + id proof etc.
my cousin is just 20 and a student, the lawyer thing might be out of hand. unless they drag the law first .
the point is... you can always ask for advice WITHOUT admitting to anything. i hope you get my point.
you are right let me edit my first post . and as soon as i have enough information, and my cousin is going to end this matter within few hours . ill trouble you or someone to delete this thread completely .
appreciate it. thanks
I had read that post......
Regarding Confiscation - i am in doubts as to who has the power to confiscate.....A Police Officer or any person who has been a victim of the offence.
Can u tell me, whether the Laptop was confiscated by the police, or atleast, they confiscated in the presence of police, or not.
If Police wasnt involved at all, then i think confiscation may be illegal. Because even if the Company has evidence of the offence, still, it has to report to the Police/Authority, in order to be able to confiscate.
As regards the Confession - again, as i said that if they have adequate evidence at their side to prove the offence, then there is no need for any confessions as such.
What i mean to say is - even if ur cousin does not Confess, the evidence would be sufficient to prove the offence.
99% chances are, they would be having some sort of evidence.......
ty again.
no , no police or lawman of any kind was involved just 4-5 guys who came to his house and indirectly pressured and threatened him. he is just 20 and must not have handled the situation definitely well.
by the way just for information to everyone. i wasnt there, i am living in a different city right now. but lets say in other words i would be in his boat if was there
as far as i was able to learn, there is no technical evidence that he ACCESSED their servers. he was using heavy bandwidth from his computer. and they managed to reach him through the IP address / computer name combination.
he has not clearly said anything that he was responsible . he blamed it on "tons of other friends and friends of friends" that use his laptop.
the laptop is password locked. i doubt they will be able to conjure anymore evidence.
to add more, my cousin believes that the local isp guy is himself scared extremely as if there is any miscreant use of internet during the period. he himself will be looking for jail time . which is impossible as my cousin is just a nerd downloader and nothing else.
for example the isp guy asked frantically whether my cousin was a bookie
(my cousin is a simpleton b.tech college student by the way ) (clearly not simpleton when it comes to computer networking ofcouse :hysterical
well they are going to have evidence in the form of large amount of bandwidth being consumed by your machine when it was not allowed to.
mac spoofing? unlikely. and sort of hard to prove in the court of law.
access to laptop enables them to find the required evidence.
but it is not clear whether it would be admissible in courts. i mean they confiscated your laptop without getting the courts involved from what i see.
your friend should consult a lawyer immediately. and a good one.
you might have a solid case against the company for taking away your laptop without using the legal route.
like i said above . the laptop is password locked. and it was confiscated by the LOCAL ISP provider guys . no company man is involved currently. cant say about tomorrow when he has to present his confession letter + id proof etc.
my cousin is just 20 and a student, the lawyer thing might be out of hand. unless they drag the law first .
As admin said, u better take professional legal help. Coz what i said, was pure theoretical knowledge that i have till now.
In practice these things would be quite different. And good lawyers can find loopholes that seem unimaginable to someone like me, who hasnt had practical experience in IT Law field......May be i wud have helped better if it was any matter related to Direct or Indirect taxes, where i have some sort of exposure!!
---------- Post added at 08:28 AM ---------- Previous post was at 08:26 AM ----------
@ Admin
I wanted to know that is MAC Spoofing far too different from IP spoofing?? Coz ultimately both are types of spoofing & spoofing = Kind of Personation/Impersonation, which is now an offence under the IT Act.......
In practice these things would be quite different. And good lawyers can find loopholes that seem unimaginable to someone like me, who hasnt had practical experience in IT Law field......May be i wud have helped better if it was any matter related to Direct or Indirect taxes, where i have some sort of exposure!!
---------- Post added at 08:28 AM ---------- Previous post was at 08:26 AM ----------
@ Admin
I wanted to know that is MAC Spoofing far too different from IP spoofing?? Coz ultimately both are types of spoofing & spoofing = Kind of Personation/Impersonation, which is now an offence under the IT Act.......