FIR in Cyber Squatting: Misinterpretation of IT Act

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Recently, a FIR has been lodged by the Economic Offences Wing of the Delhi Police on the complaint of the President Secretariat citing a copy of an article published in the Economic Times, dated November 29, 2009, which allegedly pertained to the fake use of the names of politically powerful personalities as a domain name on websites. It was further alleged in the said complaint that a website exists with the domain name www.pratibhapatil.com having no connection with the Hon’ble President, which allegedly hawks financial advisory, DVD rentals, education insurance, lingerie and much more. The police made some preliminary enquiry and it was found that the website was got registered by one Joy Antony, Kala parambath, Pathadam House, Kunnappi Hissey Puliyanan, P.O. Angamaly via Kochi, Kerala. The website was found to be hosted from Germany. The website has been got removed from the internet. There was no content on the website. Only some links of the other websites were given on the website. However, when the prosecution opinion was sought on the matter, the Ld. Chief Prosecutor opined that prima facie offence u/s 66/66A IT Act and Section 469 Indian Penal Code is made out. The FIR u/s 66/66A IT Act and Section 469 Indian Penal Code was registered by the EOW promptly acting on the aforesaid complaint and the opinion of the Public Prosecutor.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Neeraj Aarora, Cyber Lawyer, Forensic Examiner & International Arbitrator | Attorney Advertising

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