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What document is required to file a misuse complain against airtel
21-Jul-2023 (In Cyber Crime Law)
An unkonwn person misused my SIM with the help of airtel executive in a week after I submitted request for disconnecting my postpaid SIM. The number was not yet disconnected on my name by that time. What are the required documentary evidence for taking legal action against airtel executive and the third person?
The fact that someone got a duplicate sim card issued with your number amounts to various offences under section 43 and Section 66D of the Information Technology Act, 2000 and Section 415 to 419 of IPC. Whether in addition to the offences already stated, any other offence is made out, would depend upon what misuse has been committed using the sim card.
In case cognizable offences are made out, you can register an FIR under S. 156 of the Code of Criminal Procedure. You will have to approach your local Police Station with your complaint. In many cities a special Cyber Cell of the police has also been constituted. You may also contact this cell.
In case cognizable offences are not made out, you will have to file a case under Section 200 before the Court of Judicial Magistrate in the sessions court under whose jurisdiction the offence has been committed. You will have to seek investigation by the police in your case.
Although it is not mandatory, it is advised that whenever you go to the police to file a complaint, you should take with you the complaint in written form, narrating the whole incident in a chronological order of time leading to the commission of the offence and complete details of the offence and names of every person you suspect to be involved therein and the role that each person has played along with his name and contact details.
You are further advised to carry with you the mobile device which shows the date and time and SMS / Call details wherein you had requested disconnection of your mobile number.
In case cognizable offences are made out, you can register an FIR under S. 156 of the Code of Criminal Procedure. You will have to approach your local Police Station with your complaint. In many cities a special Cyber Cell of the police has also been constituted. You may also contact this cell.
In case cognizable offences are not made out, you will have to file a case under Section 200 before the Court of Judicial Magistrate in the sessions court under whose jurisdiction the offence has been committed. You will have to seek investigation by the police in your case.
Although it is not mandatory, it is advised that whenever you go to the police to file a complaint, you should take with you the complaint in written form, narrating the whole incident in a chronological order of time leading to the commission of the offence and complete details of the offence and names of every person you suspect to be involved therein and the role that each person has played along with his name and contact details.
You are further advised to carry with you the mobile device which shows the date and time and SMS / Call details wherein you had requested disconnection of your mobile number.
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Adv. Ajit Wagh
Delhi | 25+ Answers
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