Cyber crime police, can they demand to seize some electronic data ?

Tilak Marg Forum for Legal Questions Forums Criminal Law Cyber crime police, can they demand to seize some electronic data ?

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    • #4241
      Ramesh
      Guest

      Hello Sir,

      If a person files a complaint on me to cyber crime police that I have hacked their email, facebook accounts and kept them, can the cyber crime police force me to give the account details back to them ?

      Can I point to the false rape case that she filed in the police station and ask them to first contact with the IO of the police station and get the details of it ?

      The IO of police station, where false rape case is filed, has sufficient proofs and understanding to know that I am innocent, he also told me that she can not file further cases on me.

      Even after that can the police have legal rights to force me to give out the account details ? Can I deny them even after that ?

      For this crime, can the cyber crime police send me to judicial custody ?

      Thanks in Advance
      Best Regards
      Ramesh

    • #4249

      The problem is that you are asking mostly hypothetical questions, relating to something that is yet to happen. [We have a series of questions from you.] Why don’t you try the suggestions that you have yourself made, i.e., whether you can do X or whether you can do Y. Whatever you want to tell the cyber police about your previous case or that you are innocent, etc., etc., you may tell them. The law does not stop you.

      As we have mentioned in the Forum guidelines, it is not possible for us to help on the detailed facts of a case for the reasons mentioned in those guidelines. And, it is even more difficult to reply to hypothetical questions of facts.

      Whether the cyber crime police can arrest you or send you to custody, etc., are questions, that we cannot answer without knowing as to what complaint has been given to them. Yes, if there is a written complaint given against you about hacking of some online accounts, then that may amount to cognizable offence under the IT Act, for which FIR may be registered against you. But, the problem is that you say “If a person files a complaint…”. This means that you are simply asking hypothetical questions, presuming things that may or may not happen in future.

      If you have some real question, that also on some legal issues (and not on facts), then please ask here. It is a common knowledge that if a complaint of a cognizable offence is given to police, they may have power of investigation, arrest, etc., does it require a question to be asked?

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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