cyber law case study
TRANSCRIPT
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Cyber Crime
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Web-site Providing Link to Sites containing Pornographic material
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Information
E-Mail message received on Delhi Police web-
site from ‘Mainhoon Don’ providing
information that www.indiatimes.com has
pornographic material
‘Mainhoon Don’ traced from IP Address of
the header and statement u/s 161 Cr.P.C.
recorded
www.indiatimes.com connected on internet
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Case Registered u/s 292 IPC
Contents of the site down-loaded 2 sets of floppies prepared and deposited in ‘Malkhana’Print-out taken and got signed from the witnesses
On enquiry, www.indiatimes.com was found to be owned by Times Group
They took the plea that there site is a search engine Visitor to the site can search for any type of site On being told about links fault admitted search for defaulter responsible for negligence
started
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Cyber Stalking
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Mrs. Ritu Kohli was getting obnoxious telephone calls during night time
Callers told that they have been invited to call on telephone at night on the chatting site www.mirc.com by Ritu
On receipt of complaint trap was laid and Mrs. Ritu Kohli was asked to chat on the site with male identity
Someone with the name of Ritu was already on the chatting site
Contd….
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Mrs. Ritu Kohli started chatting with the person identifying as ‘Ritu’
During online chatting IP Address tracedOn enquiry from VSNL, the IP Address was found
allocated to User ID ‘manika@del3’ and found connected with telephone number ‘7084104’
According to VSNL record, manika@del3 was found allotted to Mr. Manish Kathuria r/o TU-2, Pritam Pura, Delhi
Contd….
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According to MTNL record phone number ‘7084104’found allotted to Mr. Manish Kathuria r/o TU-2, Pritam Pura, Delhi
On questioning Manish Kathuria, confessed immediately
Manish Kathuria was earlier working with M/s CRISIL, where husband of Mrs. Ritu Kohli is working .
Manish Kathuria had some old grudge with Mrs. Ritu Kohli’s husband
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Internet Time Theft Case
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Col. Bajwa reported the theft of internet time of about 107 hrs. purchased from VSNL on Nov. 4th, 1999
Col. Bajwa called Engineer Mukesh Gupta to install internet connection on Nov. 4th, 1999
Thereafter hard disk of his computer crashedThe replacement of hard disk took about two
monthsAfter that on checking, he found his internet time
account exhaustedContd….
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On his complaint, case u/s 379 IPC read with 25 Indian Telegraph Act registered and investigation taken up
Log details with telephone numbers for the internet connection of Col. Bajwa collected
Scrutiny reveals 10 telephone numbers using internet account
Ownership details and address of installation collected from MTNL/Gurgaon telephone authority
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Parijat Agencies (P) Ltd. - 6223714, 6497758 (Mr. Vikram Anand)Parijat Agencies has AMC with Nicon Systems where
Mukesh Gupta was employed as engineer. Mukesh Gupta used to go to maintain the computers at this agency and Mukesh Gupta had used complainant’s password from that premises
Victor Appliances - 7224995Mr. Vicky Malhotra has got the password of the
complainant on chat site from Mr. Mukesh Gupta
Contd….
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Harshwardhan Batra - 5753872Yogesh Batra s/o Harshwardhan Batra told that one
engineer Shashi Bhushan Nagpal came to repair his computer at his residence through his friend & colleague Krishan Kumar and Shashi Bhushan Nagpal showed him internet sites by using password of the complainant
Nishidh Gaind - M/s National Paints & Chem. Institute - 5715843He also got his computer repaired from Shashi Nagpal
who showed him internet sites by using password of the complainant
Contd….
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Sanjeev Saran - Managing Director High Point Expedition and Tours - 6144958Accused Krishan Kumar s/o Bhagat Singh was
employed with this company and has used complainant’s password from his office
Anil Kumar Yadav - 324099 (Gurgaon)He is residing in Gurgaon in the neighborhood of
accused Shashi Bhushan Nagpal and both used to work together in Dec.’99 Shashi Nagpal installed computer at his residence and showed him different internet sites using complaint’s password
Contd….
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Bhagat Singh - 324818 (Gurgaon)Enquiries revealed that accused Shashi Bhushan Nagpal
installed computer at the residence of Krishan Kumar s/o Bhagat Singh and gave password of the complainant for free use. Krishan Kumar used this password to the tune of 78 hrs. from this telephone
Dr. Sanjeev Garg - 3366676He was employed in RML Hospital and was living in
Doctor’s Hostel. He has left the job and gone to London
Dr. Alok K. Bose - 6151930He is also one the user of complainant’s password
through this telephone number
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3 Accused Arrested
MUKESH GUPTA
SHASHI NAGPAL
KRISHAN KUMARMUKESH GUPTA
SHASHI NAGPAL
KRISHAN KUMAR
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As per Jagan Singh Vs. B.S. Ramaswamy, the
Supreme Court of India has held as under (AIR
1966 SC 849: Cr.L.J. 697) and reiterated in 1966
Cri. L.J. 697 ( Vol. 72, C.N. 210) K.N. Suba Rao,
J.R. Mudholkar and R.S. Bachawat, JJ
“Whoever dishonestly abstracts, consumes or
uses any energy shall be deemed to have
committed theft within the meaning of the Indian
Penal Code.”
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Extract of judgement in the court of Shri C.K. Chaturvedi, ASJ
….At one time. It was said that time is money but by the use of information technology now time is more than money. It is opportunity, power, resource and much more depending on the needs of the user….
….In the cyber world, password is a key and therefore is a valuable property, though intangible, through which the information is made accessible and computer time on internet is used by the consumers. The purpose behind giving the password to each consumer is with a view to protect his property which is unlike other physical properties which are guarded physically….
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