Posted In: Cyber law
Posted By: RASHICHOUDHARY
It is common to check fake profiles on social networking websites, matrimonial sites etc. it's usually harassment for the people that are on the opposite facet of the computer. So, given the magnitude of such fake profiles it's necessary to appear at the lawfulness and also the penalization for making such fake profiles.
In order to make a decision whether or not an individual may be corrected for making pretend accounts in India, it must be seen whether or not the fake account formed by an individual exists within the world or it's simply a random fake account.
Making a fake account of another person:
Section 66-D of data Technology Act 2000, that was afterwards amended in 2008, states that “whoever by means that of any communication device or pc resource cheats by personating, shall be punished with imprisonment of either description for a term which can be 3 years and shall even be prone to fine which can be one 100000 rupees.”
It is necessary that an individual should cheat which implies that there should be a monetary profit to the one who is creating a pretend account of another person. the real face behind the pretend profile may be copied through an IP address or Internet Protocol address (IP address) could be a numeric label – a collection of 4 numbers (Eg. 220.127.116.11) – that's assigned to each device (e.g., computer, printer) collaborating on the net.
How to file a complaint?
The victim will file a grievance before the Adjudicating officer appointed below Information Technology Act (Generally it's the Chief Secretary/Secretary info Technology Department of various states). This application needs to be detected and set the appliance inside four months and also the entire issue needs to be set inside within 6 months.
Punishment for such crime is imprisonment for upto 3 years and shall also be liable to fine which can be extended to One Lakh Rupees.
Similarly, Section 419 of the IPC may even be applied with identical qualification that it should be creating a monetary profit thereto.
So, for instance, an individual makes a pretend gmail account of a company entity so as to lure customers on stepping into the contract. He would be command liable below Section 66D and Section 419 of the Act. it's pertinent to say that he has gained some monetary advantages by creating a fake account of the company entity.
Under Section 465 of the Act, an individual committing forgery shall be captive for up to 2 years and shall be conjointly prone to pay fine. Forgery is outlined in Section 465 that makes an individual create false electronic records with the intent to cause harm or injury to the public or to any explicit person. So, an individual creating a pretend profile may be aforesaid to be manufacturing false electronic records. However, for him/her to become liable it's necessary to point out that there's intention to cause harm or injury.
Making a random fake account.
Making a random account isn't punishable as such unless it's dishonorable below the cyber laws of the country that has already been mentioned higher than. it absolutely was punishable below Section 66A (b) that stipulates that an individual guilty of causing info that he is aware of to be false and is aimed to cause annoyance, inconvenience, danger etc. and pretend profile on a social media might amount to false information. The imprisonment was up to 3 years and a fine may even be levied. But, it's been stricken down by the apex court of India.