Fake email and defamation
Now and then people make a fake email account and then use it to send defamatory messages to multiple people. The same is illegal and liable for legal action under the Information Technology Act, 2000 and Indian Penal Code.
i) Section 2(ha) of the IT Act, 2000 defines the term “communication device. The provisions of Section 2(ha) is reproduced hereunder: “Communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.
ii) Section 66A of the IT Act, 2000: 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, i9nsult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication de4vice, or
(c) Any electronic mail or electronic mail message for the purpose causing annoyance or inconvenience or to deliver or to mislead the addressee or receipt about the origin of such messages, Shall be punishable with imprisonment for a term which may extend to three years and with fine.
Explanation – For the purposes of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.