First complaint against cybercrime: Review of State of Tamil Nadu v. Suhas Katti

Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 11^th May 2020

State of Tamil Nadu Vs Suhas Katti

Facts:

The accused was a family friend of the complainant. The accused posted defamatory messages about the victim on messenger apps and social media platforms. The accused wanted to marry the victim but, she got married to another man. After her divorce, he again started forcing her for the same. She refused again. On being refused, he started posting defamatory sentences about the victim and also posted her contact number. Due to this, the victim received many obscene calls. After suffering defamation due to all such acts of the accused, victim filed a complaint against the accused.

Charges:

Section 469- Indian Penal Code, 1860 (Forgery for purpose of harming reputation)

Section 509- Indian Penal Code, 1860 (word, gesture, act intended to insult modesty of a woman)

Section 67 – Information Technology Act, 2000 (publication of submit on electronic mode that is against the will and is to cause defamation)

Issue :

Was the accused liable of above-mentioned charges?

Judgement:

The Additional Chief Metropolitan Magistrate passed the order holding the accused liable for the charges.

Reasoning of the judgement:The accused was held liable for the charges because:

Under Section 469 IPC- the provision states that any person who does the forgery of anything with the intention of causing harm to the other, the person must be held liable under this section. In the present case, the accused posted the contact number of the victim on social media platform along with defamatory sentences in order to attack the character of the victim. This all was a revenge from as she denied to marry him

Under Section 509 IPC- The accused clearly wrote many such thing about the victim on yahoo messenger app due to victim started getting obscene calls and her character was questioned. This act was willingly done by the victim in order to outrage her modesty socially and make her a false person.

Under Section 67, IT Act- this Section provides the punishment for the person who transmits obscene content on electronic form and the victim clearly did it.

Therefore, the accused was liable under the charges imposed on him.

Significance of the judgement: The judgement paved a way for the others who were not able to lodge complaint for such acts. This was first case such case India which was filed under IT act and had a great significance. The accused in this case was punished which showed a positive side of the cyber law.