I am stuck in a problem, can you help me please? 

These were the exact words Sumit claimed to have heard  at the time of incident, with respect to which  he  met Gaurav at his Express Towers Office in Mumbai. 

It was July 27 2018. The heavens had opened up and it was pouring heavily in the maximum city. Sumit, as usual, was driving his BMW from work, to his lovely wife Priyanka, who was waiting at their Malabar Hill home. While he was on the Netaji Subhash Chandra Bose road, and approaching the Marine Drive, he observed that the traffic was unusually less, with barely a car in sight. Further down the road, he was a Santro with its emergency lights blinking. Being a good samaritan, he rolled down his windows and asked what the matter was? Apparently, the car had suffered a breakdown, and its three occupants had a meeting in Malabar Hill. 

Genuinely helpful, Sumit offered them a ride, as their place was not at a great distance from his home. Incidentally, the three occupants of the broken down Santro were not ordinary people but member of a gang that was notorious in South Bombay. While getting down at Malabar Hill, they discreetly put a hidden camera embedded with a GPS inside Sumit’s car. 

On August 8 2018, while getting his car serviced, Sumit noticed the device as his hand brushed against the same while cleaning the back seat. He connected the same to his computer and saw that it had the location history of the car, as well as video recordings of him being involved with his wife and other women. 

He asked his friend Shubham, who was an engineer to see as to the source of connectivity of the device. On enquiry, Subham found that the camera would get connected every evening to a wireless connector, which he suspected was placed inside Sumit’s house. Sumit searched the house throughly but could not find anything. 

On August 9, Sumit received a letter at his home. The same was a challan for him violating S. 66 of the Motor Vehicle Act on July 27 2018. On August 10, as he was browsing some pornographic websites in his home, he came across his own videos, which appeared to have been recorded on the camera placed in the car. The website named ringmybells was famous for having original home made clips and claimed that it used a facial recognition login mechanism, i.e. the face of the actor had to match with the one uploading the video online. 

On August 12, Sumit received a call from Shalini, who was one of his girlfriends, who said that she knows that Sumit has recorded the clips and put them online. Sumit, baffled by the wild allegation, and in a fit of rage called her a prostitute. Within minutes TV showed the Breaking News that Shalini, a young unmarried girl aged 26 has committed suicide by jumping out into the sea at the Gateway. In fact, she had posted a Facebook Live of her jump, during which she was speaking to Sumit and the video ended with the phone hitting the water. 

Sumit is stuck in a problem and has come to Gaurav, with the following questions- 

1. Is the challan for violating S. 66 of the Motor Vehicles Act sustainable in law?

2. Sumit alleges violation of his Privacy as a camera was put inside his car. He thinks it was done with the purpose of extortion, but no demand has come yet. What are his legal options? Please provide a list of all the Sections, including definition clauses that you deem relevant

3. Is browsing pornographic websites a crime? Sumit is unsure about approaching police. Advise him.

4. Is Sumit liable for abetment to suicide for calling Shalini a prostitute? 

5. During the meeting, Sumit tells Gaurav that he is very disturbed and wants to commit suicide. Is Gaurav under a legal obligation to inform Sumit’s wife or any other person known to Sumit or authorities about his mental state? Please mention the relevant provisions of law in this regard.

 

facebook gaurav pathak     linkedin gaurav pathak

janhityachika gaurav pathak     Gaurav Pathak Instagram lucknowmail

Developed & maintained by KUZIKA.