In this post we will discuss about an incident reported in Chandigarh for creating fake Facebook profile of UT Police Inspector Ranjeet Singh (PS 17 SHO) through which fraudsters urged people to transfer money in his account.
FRAUDSTERS MAKE FAKE SOCIAL MEDIA ACCOUNT OF UT POLICE INSPECTOR
INTRODUCTION AND FACTS OF THE CASE
In the Digital era of 21st century frauds are being conducted online for monetary benefits. Incident reported in Chandigarh for creating fake Facebook profile of UT Police Inspector Ranjeet Singh (PS 17 SHO) through which fraudsters urged people to transfer money in his account. After getting knowledge about the fake account inspector alerted his friends on social media to not respond to any post seeking money from his account.
Mr. Singh reported the incident to the Cyber Crime Cell for further investigation. The victim is attached with the UT traffic Police. Till now, Fraudsters have made six fake Facebook profiles of Police Personnel, includingRetired SP Roshan Lal, Retired DSP Jagbir Singh, Serving DSP Dilser Singh Chandel and SHO Inspector Lakhbir Singh in the last six months.
LEGAL PROVISIONS APPLICABLE IN THIS CASE
Section 66-D of Information Technology Act 2000, which was subsequently amended in 2008, states that “whoever by means of any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.”
It is necessary that a person must cheat which means that there must be a pecuniary benefit to the person who is making a fake account of another person. The real face behind the fake profile can be traced through IP address. Internet Protocol address (IP address) is a numeric label – a set of four numbers (Eg. 18.104.22.168) – that is assigned to every device (e.g., computer, printer) participating on the internet.
Similarly, Section 419 of the IPC could also be applied with the same qualification that it must be making a pecuniary benefit to it.
Under Section 465 of the IPC, a person committing forgery shall be imprisoned for up to two years and shall also liable to pay fine. Forgery is defined in Section 465 which makes that a person making false electronic records with the intent to cause damage or injury to public or to any particular person. So, a person making a fake profile can be said to be producing false electronic record. However, for him/her to become liable it is necessary to show that there is an intention to cause damage or injury.
How to file a complaint?
The victim can file a complaint before the Adjudicating officer appointed under Information Technology Act (Generally it is the Chief Secretary/Secretary Information Technology Department of respective state). This application has to be heard and decided the application within 4 months and the entire issue has to be decided within 6 months.
Although, no monetary loss was reported from the incident so the sources maintained that it could be a mischief of someone to annoy the police department of UT. Activities like this cause disturbance in the Police Department who seek to do their duty for the people and as a result they are harassed and tortured by the people to whom they are serving their duty.
This post is written by Sanchit Ahuja
For case specific advice, please contact Best Cyber Crime Lawyers of Chandigarh Panchkula Mohali for Cyber Crime related cases in High Court Punjab Haryana & District & Sessions Court.
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