Sources : Times News Network

Date of Publishing: 21/7/2010

Location: Bangalore

PROTECT YOURSELF WITH CYBER LAWS

An SMS, even if sent from a mobile phone, is an electronic record of information that is covered under the Indian Information Technology Act, 2000. If the SMS contains lewd, objectionable language or information, or is menacing in character, it would attract penalty under two sections of the IT Act — Sec 67 and Sec 66 A (of the amended IT Act). This is punishable with imprisonment, which may extend to three years, and a fine of up to Rs 5 lakh. The offender can also be charged under the Indian Penal Code.

What to do:

• Report the matter to a local cyber crime cell or the local police station. Only officers ranked no lower than DSP investigate cyber crimes. Write your complaint on a plain paper and attach printouts of the messages. You are not required to hand over your mobile phone or SIM card, but refrain from deleting the messages or tampering with the SIM card, as they contain original electronic evidence.

• Notify your service provider as they are under obligation to block and disable transmission of such information, as well as remove it. Failure to do so makes the service provider liable under civil and criminal offences.

• The service provider of the offender must furnish all registration details, including the form and photograph, for the investigation. As they are required to verify the contents of the same before allowing activation of a SIM card, the police can track and apprehend the offender. But while this is possible with post-paid connections, pre-paid connections can be problematic. — Pavan Duggal, cyber crime expert and Supreme Court advocate As told to Prathibha Joy

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