Advocate Rajas Pingle

Questions Answered by Advocate Rajas Pingle

Q: Online adult chat rooms on internet whether legal

Dear sir/ madam, I came across many such adult chatrooms online while I was browsing over the internet.. How can they run such chat rooms online in India? Can it affect our next generation who is used to online browsing

Advocate Rajas Pingle answered
Unfortunately, the servers of these chat room are outsite India. Therefore, it is not feasible for the government or law enforcement agencies to remove the websites from the internet. The only option remains is to report and get these websites blocked at the internet service provider level.

Q: Procedure to withdraw case filed under IT Act

My wife left the matrimonial home one year back and filed 3 false cases against me of dowry, harrasment and hacking her email account under IT Act 66C ,I also filed 2 seperate cases of divorce and adultery against her and her family. Within a year of these cases I lost my job and went pennyless, some how making my ends meet. Under my family and relatives advice and deteriorating mental health of my parents , I decided to settle the cases by giving my wife 10 lakhs rupees in two part payments on condition of divorce and withdrawing all the cases against each other. One of the cases which my wife filed against me under IT ACT 66C that i have hacked her gmail and facebook and using it for malicious purposes, court has filed chargesheet against me. The mutual consent agreement happened after court filing chargesheet against me. How can she withdraw this case ? Or what steps I can take so that this is withdrawn.

Advocate Rajas Pingle answered
You need to approach the respective High Court for quashing of proceedings. Your wife and you jointly could have simply filed an application under section 77A of Information Technology Act for compounding of the offence, but as the offence is against a women, it cannot be compounded under section 77A before a lower court.

Q: Taken companies data on personal email id unknowingly

PleaSe help required urgently as I've unknowingly by mistake taken companies' data on my personal id. They have taken as a breach of policy

Advocate Rajas Pingle answered
Having handeled many data theft cases, It’s indeed a serious contravention of IT Laws. Before I comment further on the matter, I would want to go through the following documents:1) Employment agreement/NDA2) IT Policies of the company3) Any e-mail communication with this employee.

Q: What to do if a boy is continuously calling and texting me ?

A person name is troubling me by giving multiple of messages and calls. I had even warned him and not to call and give messeges. But still he calls me and texts I love you etc. It is almost 4 months now. I even scolded him and said not to give any messeges else I will report him to cyber crime. But he says "I'm not doing anything wrong. I m just texting I love you. And I want to marry you. But you are doing wrong. You are scolding me. And I can also report you as you are scolding. But I will not bcoz I love you". Always he texts I love you. Whenever I warns him he says please dont decline and please dont avoid me, I love you.Sometimes he send messeges at even in mid night 4am. Sometimes he calls at 5am and disturbs me. Always I see he writes I love you, good morning etc. My mother and my cousin also warned him not to text anything. But still he text me. I am irritated. He is from puri orissa. Sir/ mam plz suggest me what should I do ?

Advocate Rajas Pingle answered
You can block his number in your phone. Alternatively, if he is calling/texting from different numbers, then you can approach the nearest Cyber cell or Police Station and file a complaint under section 354(d) of Indian Penal Code. This section clearly talks about ‘Cyber Stalking’ which is applicable in this case.

Q: By clicking on the link, will it be considered as agreement signed ?

SIR MUJHE EK COMPANY SE MAIL AAYA K HOME BASED JOB K LIYE 1 MONTH ME 2000 FILES COMPLETE KARYEN NHI TO PANLITY K 5500 RS BHARNE HONGE.DRIVING LICENSE MANGA US BASE PR UNHO NE EK AGREEMENT BAANAYA .PER HUM NE KOI SIGN NHI KYA NA HI WRITTING ME AUR NA HI DIGITAL.SIRF EK ICON AAYA THA JISME SIGN AGREEMENT THA EMAIL PER SIRF CLICK KYA.KYA YE AGREEMENT SIGN HOGYA.AB HME O PARESHAN KR RHA HAI.

Advocate Rajas Pingle answered
Online agreements are valid as per Information Technology Act. However, to guide you correctly I will have to go through the entire agreement. Let us find out whether this scheme is valid/legal or not. Please send me the link to that website. Website ka link muje bhejiye.