Related to account creation on matrimonial site
23-Feb-2025 (In Divorce Law)
Hi I am married guy, but I created profile on matrimony site and just did some chat with girl for a month related to marriage and discussion and all,but I didn't do any kind of financial or sexual fraud haven't even met the girl.But now that girl has came to know about my marriage and now she has filed an cyber complaint against me...please suggest what should I do,also I stopped chatting with her 7-8 months ago..
Suddenly she come to know about my marriage and she complaint about myself
Under the Bharatiya Nyaya Sanhita, 2023 (BNS), if no fraud, misrepresentation, or exploitation occurred, charges like cheating under Section 316 or outraging modesty under Section 78 may not be applicable. However, she may claim online deception under the IT Act, 2000 under Section 66D. Since no financial or sexual fraud occurred, defend by proving no wrongful intent. Cooperate with the cyber cell, provide chat records, and seek legal counsel to contest false allegations.
Based on your query, the key aspects to consider are that there was no financial fraud, sexual exploitation, or physical meeting involved. Your chats were limited to discussions about marriage, and the interaction ended 7-8 months ago.
Since a cyber complaint has been filed, the first step is to ascertain the nature of the allegations. If the complaint alleges misrepresentation or cheating under IT Act or IPC (such as Section 66D of IT Act or IPC 417/420 for cheating), you should immediately seek legal assistance. However, mere misrepresentation without fraud or inducement does not constitute a serious offense.
You should respond to any notice from the cyber cell, stating that there was no fraudulent intent, and the conversation was purely online without any financial or sexual wrongdoing. If the matter escalates, a pre-arrest remedy, such as anticipatory bail, may be considered to prevent any undue harassment.
Additionally, if the complaint appears to be frivolous or malicious, you may explore legal remedies such as filing a counter-complaint for harassment or defamation if necessary. It is advisable to remain cooperative with the authorities while protecting your legal rights.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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