Sunday, December 9, 2012

JAIPUR : Deputy commissioner of police accepts to Dowry law Misuse !!


".........Sharat Kaviraj, deputy commissioner of police of the state's cyber crime cell, told TOI that Section 66A of the IT Act is just like any other law. "Be it Section 498A of the IPC for dowry harassment or Section 307 (attempt to murder), implementation of any law depends on the enforcer who is the investigating officer in a case. There are several instances of misuse of dowry related laws when they are either intentionally or unintentionally misinterpreted,"............"

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Misinterpreting Section 66A of IT Act cause of controversy: Deputy commissioner of police

TNN Nov 30, 2012, 05.09AM IST
JAIPUR: Most cases related to cyber crimes in Jaipur are registered under Section 66A of the IT Act that covers sending false and offensive messages through communication services. As this controversial section is creating a row across the country after the arrest of two girls in Mumbai, experts here feel there is no need for the changes in the law but said proper guidelines should be in place so that it is not misinterpreted.
Sharat Kaviraj, deputy commissioner of police of the state's cyber crime cell, told TOI that Section 66A of the IT Act is just like any other law. "Be it Section 498A of the IPC for dowry harassment or Section 307 (attempt to murder), implementation of any law depends on the enforcer who is the investigating officer in a case. There are several instances of misuse of dowry related laws when they are either intentionally or unintentionally misinterpreted," the officer said.

Taking an example, Kaviraj said when a bullet is fired at somebody, the investigating officer takes into consideration whether the person intended to kill the victim. If not, Section 307 of IPC is not applicable at all, he said.
The officer also said if an investigation officer makes an error in his judgment intentionally or unintentionally while using this law and an innocent person is harassed and action must be taken against him. He added that guidelines should be in place to prevent misrepresentation of the law.
The officer further informed that Section 66A of the IT Act covers a broad range of cyber crimes. "If someone receives an offensive email or SMS, the sender becomes offender. Most cyber crime cases in Jaipur are registered under this law," he said.
Rajasthan high court lawyer A K Jain said the section must not be used in violation of the freedom of expression which is the fundamental right of every individual.
"If someone is critical of a politician for his or her government policies or someone wants to express the hurdles he or she faced during day to day life due to mismanagement on part of the government, he or she is not an offender under this law. This is what happened in case of the two girls arrested in Mumbai," Jain said. 

source
http://articles.timesofindia.indiatimes.com/2012-11-30/jaipur/35484829_1_cyber-crime-ghat-ki-section-498a