Legal Question in Technology Law in India

Dear Sir, One of my friend had created a fake account with a non existent random name on facebook, but she didn't upload anyone's picture, did not impersonate anyone,just gave a fake name and fake personal details, and she just talked with some people simple Hi Hello, no abuse and no such illegal thing was done with the profile, She just made some friends and talked generally with them, is this illegal to creat a fb account without any criminal intent and with no impersonation, IT act 66A says "misleading addressee or recipient about the origin of such messages" is punishable, but there is no mens rea at all. How can something be illegal if that thing doesn't injures or hurts or creats even a small amount of problem to anyone?? Please clarify this, is creating fake account on facebook without any criminal intent and without any criminal activity illegal? Murdering with a knife is illegal but is knife itself illegal?!


Asked on 2/08/14, 12:35 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.02.2014

Dear Sir / Madam,

The internet is a free flow medium of communication for all users. Anybody can create any account in the manner he / she chooses to suit the needs of the user. For example, a user may create a Facebook A/c as a pseudonym. Creating a fake account on Facebook is not illegal. The onus lies on the recipient to prove any alleged insult or offence.

Regards,

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Answered on 2/08/14, 3:21 am


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