Date : 19-02-2019 10:38
What is the conviction of cyber crime defamation in India?
Cyber defamation is publishing of defamatory material against another person with the help of computers or internet. If someone publishes some defamatory statement about some other person on a website or send emails containing defamatory material to other persons with the intention to defame the other person about whom the statement has been made would amount to cyber defamation. The harm caused to a person by publishing a defamatory statement about him on a website is widespread and irreparable as the information is available to the entire world. Cyber defamation affects the welfare of the community as a whole and not merely of the individual victim. It also has its impact on the economy of a country depending upon the information published and the victim against whom the information has been published.
STATUTORY PROVISIONS GOVERNING CYBER
DEFAMATION IN INDIA
INDIAN PENAL CODE, 1860
The Indian Penal Code, 1860 contains provisions to deal with the menace of cyber defamation.
1. Section 499 of IPC:
Section 499 of IPC says that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.The offence of defamation is punishable under Section 500 of IPC with a simple imprisonment up to 2 years or fine or both.
2. Section 469 of IPC:
Section 469 of IPC says that whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine
3. Section 503 of IPC :
Section 503 of IPC defines the offense of criminal intimidation by use of use of emails and other electronic means of communication for threatening or intimidating any person or his property or reputation.
INFORMATION TECHNOLOGY ACT, 2000
The Section 66A of the Information Act, 2000 does not specifically deal with the offence of cyber defamation but it makes punishable the act of sending grossly offensive material for causing insult, injury or criminal intimidation.
Section 66A of the Information Act, 2000
Section 66A of the IT Act says that any person who sends, by means of a computer resource or a communication device:-
any information that is grossly offensive or has menacing character; content information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device, any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with fine.
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