Person took my phone details can i file complaint

951 votes

Surely you can take legal action as its a wrong done against you for which you liable to sue him.for any further action you can contact me and fix a meeting. For sure all assistance would be given to you.

LawRato LawRato

802 votes

Hey, thanks for sending your complaint, as the same comes in the non-cognizable category, and also a petty theft even just the data was stolen. as you know that the Indian legal system is substantially based on the British common law system. While there is no omnibus Indian data security law, there are several laws that apply to data theft or misuse in India. Typically, when an incident involving data occurs, a complaint is filed for theft, cheating, criminal breach of trust, dishonest misappropriation of data and/or criminal conspiracy under the provisions of the Indian Penal Code, 1860 (“IPC”), and for hacking under the Information Technology Act, 2000 (“ITA”). Many of these offenses under the IPC and the ITA allow for an arrest without a warrant, are non-bailable and carry penalties that range from imprisonment for a year to life imprisonment, as well as fines. and in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate. Over and above the laws currently in place, the Indian government is currently in the process of amending the ITA to deal with data privacy and security issues. The proposed amendments are currently under review by the Ministry of Law, Justice and Company Affairs before being presented to the Indian Parliament. .They include provisions that would empower the Central Government to make rules concerning control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records and rules prescribing modes of encryption for data security. The Indian government is currently in the process of amending the ITA to deal with data privacy and security issues and will include provisions that would empower the Central Government to make rules concerning control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records and rules prescribing modes of encryption for data security. So you can make a criminal complaint to Cyber-Crime Cells et up by the State Police Departments. The investigating officers at Cyber-Crime Cells have the power to seize infringing or stolen data by conducting searches and can also prosecute the offenders in the criminal court that has jurisdiction over the police station where the complaint was registered. Thanking you..

Advocate Sheeraz Rais Khan LawRato

796 votes

Taking a phone details is not a crime, the motive must be there did the person misused your details if the person took the number from you, and you gave him details without being convinced of the valid reason you must not have given him details

LawRato LawRato