online fraud by misusing internet and social media is offence under sec.66(c) and 66 (d) of IT Act.

Police have collected sufficient material in regard to the involvement of these petitioners in the online fraud by misusing internet and social media and havingcollected huge money.    Learned HCGP has argued that charge sheet is already filed and the petitioners can facetrial before the competent court and that the prosecutor would assist the court in conducting trial.  Though the offences alleged are not punishable with death or with imprisonment for life, the offences so committed are by foreign nationals who are overstaying in India after lapse of their visa. The 1st petitioner has misused the visa issued to him and has indulged inionline fraud, that too, by creating false documents and cheating innocent people.    The 2nd petitioner has been overstaying for more than 2 years and both of them haveviolated the mandatory provisions of the Foreigners Act, 1946, Foreigners Order, 1948, Passports Act, 1967 and other allied Acts and Rules. If they are let out on bail, it would take many years for the court to dispose of the matter.   On the other hand, if they are in judicial                                  custody, suitable directions could be given to the concerned court to dispose of the matter at the earliest.

Sec. 66C of IT Act :   Punishment for identity theft. -Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh.

Sec. 66D of IT Act.  Punishment for cheating by personation by using computer resource. -Whoever, by means for any communication device or computer resource cheats by personating, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

Case refered :

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

BEFORE  THE HON’BLE MR. JUSTICE A.V.CHANDRASHEKARA

Crl.P. NO. 570/2016 BETWEEN:

1) EMEKA FABIAN

2) ONUOHA

VERSUS                                .

1.     STATE BY CYBER CRIME POLICE       STATION (CID) BANGALORE,       REPRESENTED BY       PUBLIC

. 2.   UNION OF INDIA,                                … RESPONDENTS