A catfight that escalated on a blog has landed one Spanish woman in jail. Sahakarnagar police have arrested Kiran Sham Idnani (40), a resident of Chetana Apartment in Camp, who runs a real estate business. A software techie’s wife (34), a resident of Bibewadi, has filed a complaint with the police citing defamation of character.
Idnani has been arrested under the relevant sections (Sec 499) of Indian Penal Code pertaining to Defamation, as well as the Information Technology Act (Sec 66A) for posting “objectionable comments and caricatures”.
Sec 499: Defamation.– Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings of his family or other near relatives. Explanation 2.- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.- An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.- No imputation is said to harm a person’ s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful.
Section 66A: Punishment for sending offensive messages through communication service, etc. : Any person who sends, by means of a computer resource or a communication device,-
a) any information that is grossly offensive or has menacing character; or
b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.
The incident came to light when the victim lodged a complaint with Sahakarnagar police station. Inspector (Crime) Rajendra Todkar, who is investigating the case said, “The offence occurred between 2011 and 17 January, 2014. The complaint was initially sent to city police cyber cell, who later directed the Sahakarnagar police station to lodged the complaint. On the basis of this complaint, we have arrested Idnani.”