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Police filed case under sec 66D of IT act as well as IPC 419, 420.
12-Jun-2023 (In Cyber Crime Law)
Dear experts, one of my known had a fake email ID impersonating someone else and she was trying to get some data by impersonating. She received no data but got caught by cybercrime police. Now, police has filed case under both IPC and IT act (66D IT ACT, 419 IPC, 420 IPC) but isn't that wrong?nShouldn't this case be limited to IT act only?nCan we plead in high court of Delhi to get IPC sections quashed?nWe are relying on a few years old Bombay high court judgement that said, applying both IPC and IT act is a violation of Double jeopardy ruleThe high court had said clearly "Prosecuting the petitioners under both IPC and IT act would be a brazen violation of protection against double jeopardy"Will this Bombay high court judgement help? Thank you for your time and response.
It was the 2018 judgement that you are talking about. But the SC in 2021 remarked that in a case of hacking and data theft, in addition to penal provisions of the IT Act, offences under the IPC would also be attracted. As of now if she is in custody then you should apply for her bail and if not then you can go for anticipatory bail. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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