cyber law

1. Types of Cyber Harassment
and Legal Provisions

7. Relevant sections in IPC and CrPC regarding
complaints
• Section 2(d) in The Code Of Criminal Procedure, 1973
• (d) " complaint" means any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Code, that some
person, whether known or unknown, has committed an offence, but
does not include a police report.
• Explanation.- A report made by a police officer in a case which
discloses, after investigation, the commission of a non- cognizable
offence shall be deemed to be a complaint; and the police officer by
whom such report is made shall be deemed to be the complainant;

8. • a copy of the FIR shall be provided to the informant free of cost as per section
154(2) CrPC.
• no male under 15 years of age or no women of any age shall be asked to
attend at any place other than the place in which such male or woman
resides. (160 crpc)
• Sec 33(2) KP Act - No Police Officer shall prevent any member of the
public from lawfully making any audio or video or electronic record of
any Police action or activity carried out in a public or private place.

9. Min time for fir registration (15 days) 6 weeks
in exceptional cases)
• a Preliminary Enquiry should be made time-bound
• and in any case it should not exceed fifteen days, generally, and
• in exceptional cases, by giving adequate reasons, six weeks time is
provided.
• The fact of such delay and the causes of it must be reflected in the
General Diary entry. (Charan Singh Vs State of Maharashtra and Ors,
Supreme Court Judgement , 2021)

10. Who are Entitled to Free Legal Services?...
• The sections of the society as enlisted under Section 12 of
the Legal Services Authorities Act are entitled for free legal
services, they are :
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or begar as referred to in
Article 23 of the Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person;

11. Who are Entitled to Free Legal Services?...
(e) A person under circumstances of undeserved want such as being a
victim of a mass disaster, ethnic violence, caste atrocity, flood, drought,
earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including custody in a protective home …or in a juvenile
home …or in a psychiatric hospital or psychiatric nursing home …or
(h) a person in receipt of annual income less than the amount
mentioned in …schedule (or any other higher amount as may be
prescribed by the State Government…
Ref https://nalsa.gov.in/services/legal-aid/eligibility

12. Police complaints authority
• POLICE COMPLAINTS AUTHORITY, TAGORE NAGAR,
VAZHUTHAKAD, THIRUVANANTHAPURAM
• Functions of Police Complaints authority is detailed in the
Judgement of the case ‘Prakash Singh & Ors vs Union Of India
And Ors on 22 September, 2006’
• Police Complaints Authority at the district level - up to Deputy
Superintendent of Police. - extortion, land/house grabbing or any incident
involving serious abuse of authority.
• Police Complaints Authority at the State level – up to Superintendent of Police
and above

13. • The recommendations of the Complaints Authority, both at the district
and State levels, for any action, departmental or criminal, against a
delinquent police officer shall be binding on the concerned authority.

14. Whom to Approach if u want to complaint
about police
• Chairman,
State Police Control Authority
Tagore Nagar Road, Adarsh Vidyalaya, Cotton Hill,
Vazhuthacaud, Thiruvananthapuram- 695014