Can any of us be falsely accused of cyber crime ?

How difficult is it for someone to pirate your cyber identity ? Your IP address ? This case makes all of us completely vulnerable, given the complete break down of the judicial system in India, the lack of application of our police force that is anxious just to fix the blame as soon as possible to take the heat off them selves, the frightening lack of respect for the rights of the individual, Add to that lack of technical expertice of both, the Police and the Judicial system. A Bangalore based young software engineer Lakshmana Kailash k spent 50 horrendous days in Yerwada jail for a cyber crime he did not commit….


Some one posted obscene pictures of Shivaji on the net, and his service provider pointed to his IP address and he was n jail for 50 days before someone listened and accepted that Bharati Airtel had got the wrong IP address. There are many issues that are disturbing :
a. How serious was the crime anyway – to post disprespectful pictures of Shivaji ( I cannot comment as I have not seen them) – under what law was that crime committed
b. Why did no one listen to Kailash when he kept repeating that it was not his IP address. Why was Bharati Airtel’s irresponsible statement not questioned or investigated before it was accepted. It was probably just a junior employee looking at some records carelessly
c. Why did it take 50 days for the police to find out the mistake, and had Kailash not been as influential/forceful as he was – could he have languished in jail for years before any one cared ? He probably would have.
d. Kailash’s experience is Jail – about having to use the same bowl for food and for ging to the toilet, being subjected to lathi beatngs by the police, there only being 3 toilets for 400 prisoners, bieng stoned by other prisoners for taking more than a minute in the toilet – it is a damning indictment on Indan jails
Especially when you consider that most of the people in Yerwada jail are undertrials ( Am I right there ?)
Kailash is now suing bothe the police and Bharati Airtel for Rs 20 crores. I hope he succeeds.
shekhar

19 thoughts on “Can any of us be falsely accused of cyber crime ?

  1. He wont. Its not only about cyber crimes. Its about any crime u may or may not have committed. The judicial system in india is really pathetic. Today if i decide to file a criminal case against u, first u ll b put behind bars and then the case hearing will take place. Okay u are influential and have lots of money so u can get out on bail. But what about the millions who cant afford bail. That is the reason why so many false cases are filed and also legitimate cases are not filed bcos the accused also threatens case back. In the end the matter is decided not on truth but on who can afford to stay behind bars or bear the disgust of going to courts.

  2. Ah! Our system ….The less I say about this issue the better…
    Have myself faced the music in India….
    its something like Shekhar once mentioned…
    Our nritya,(south India) where all the expressions are shown in one go on the face looool…such is the irony ….
    Cant find the right word to do justice in describing this nonsense!!
    One case was very amazing though…someone i once knew of….
    Muslims…went through divorce…and the woman did not want to come to court as she felt she did not want to come to sign the final document…
    Hence another lady in an abaya,(black robe) went and signed it loooool
    Now this is fun!!!
    Cheers Shekhar have a ROcKIN Day!!

  3. Dear Shekhar,
    We all know there is an issue but the real important question is how to fix it! We should expedite the cases, have humane treatment of undertrials in jails and recruit more people in law enforcement with better training and higher selection requirements (this will obviously require increasing the salaries and benefits of the police which should be done) and then slowly changes will come. Mistakes will happen in isolated cases everywhere in the world. Even in the US people have been jailed for 20yrs for crimes they didn’t commit (I saw one person crying on Larry King who was jailed for life and after 17 yrs found innocent – his Mom fought for him for years and years, her only last wish was to see his son become a free man before she died, but he only came out 6 months after she died and her wish remain unfulfilled). The focus of the govt. on what to improve first is based based on what the masses shout out most for – they need water, electricty and food more than a better judicial system, and even the those basics are difficult to provide with limited resources. Some compare Mumbai police to Scotland yard and Bangalore police also solved the Rajiv Gandhi case extremely fast, so we definitely have some very talened police officers but more discipline and due diligence needs to be done. Kailash does have a case here and I hope justice is done to him.
    Best Regards,
    Himanshu

  4. Hi Dear Shekhar,
    How to get in touch with You ?
    Email sent to admin@shekharkapur.com, came back as below :
    This message was created automatically by mail delivery software.
    A message that you sent could not be delivered to one or more of its recipients. This is a permanent error. The following address(es) failed:
    nettalk@bom3.vsnl.net.in
    (generated from admin@shekharkapur.com)
    SMTP error from remote mail server after RCPT TO::
    host mta2.vsnl.net [203.200.235.142]: 550 5.1.6 recipient no longer on server:
    nettalk@bom3.vsnl.net.in
    Thank You

  5. It is not very difficult to steal someone’s identity on the Net. Just recently watched a movie on a TV channel called Net 2.0 which dealt with this issue, directed by Charles Winkler.
    Plot outline: The life of a young computer systems analyst is thrown into turmoil when, after arriving in Istanbul to start a new job, she finds her credit cards useless, her bank account empty, and her identity stolen.
    There are software programs available on the net which can be used to send emails from any email address in the world. I could send an email to someone from your address and that person would think it came from you! lol.
    We are all vulnerable on the net. We need to take a look at our Cyber Laws seriously and there should be a well equipped Cyber Crime Detection Deptt. in every city of the country. Highly skilled computer professionals should be employed by the Government to man this deptt.
    What happened to Kailash could have happened to anyone of us. I hope he wins his case too.
    Cheers!

  6. Sure all of can and our vulnerabilty lies in the fact that we are addicted to the use of machines rather than physical activities.
    This is just a topic to speak of and show points of view by opinionating on the subject though ther is no point of it,laws or no laws!We gotto accept the fact that we live in KALIYUGA where there is no room for an honest way of living.
    Sorry to be so cut and dry being bluntly honest than wasting time in fruitless conversation

  7. The Perth test starts in 8 hrs. Let’s all hope India gives a rocking performance and makes us all proud. One thing is for sure the controversy have suddenly increased the popularity of this test, and test cricket as such by leaps and bounds.
    Best Wishes to India,
    Himanshu

  8. Hi Dear Shekhar,
    Thank You for your reply.
    I want to get Global Cool: The Movie – Trailer.
    >Thank You for the great initiative and caring…
    We want to get the high quality video of
    “Global Cool: The Movie – Trailer”
    We are working hard promoting awareness as
    Sunnyvale Cool Cities!
    California
    USA
    Thank You and Best Wishes
    AJ

  9. Yoooo,
    I just cut the paper cutting of lakshama kailash , as this is very relevent as babel or 21 grams story, unfolding how every one can srew a simple human just like that , some one(stuppid) posted some thing and there was roits(goons) in pune or so and police(jokers) woke and went to co-operate(mafia),it involves our society ,system , development results with invovlement of communication sources,it was just a mistake of AM n PM they say now and the service provider offers job to him, Sheaker shall we make a film……….but i will direct it …
    a frog ,
    a new pound,
    yet to make noise,
    Junaid

  10. Dear Shekhar,
    Would it be possible for you or anyone you know to provide sponshorship towards a Two Year Filmmaking Conservatory Programe in NYFA.This is for someone who really wants to join NYFA but unable to meet with the tuition fees that which works out to 17000$ a semester minus living costs,etc.A private sponshorship would be neeeded at this point being from not so great an economic background in Nepal where politics has ceased every inch of developement starving creativity to be exposed.Thank you so much for your time.

  11. Dear Shekhar,
    Congratulations for the 4 BAFTA nominations for “Golden Age.” I think more than winning a BAFTA it is an acknowledgement of the fact that it was one of the best films of the year. Hollywood makes over 300 films a year, so it is a definite achievement to be in the chosen top 5 to 10 films.
    Best Regards,
    Himanshu

  12. Hi Shekhar,
    I don’t really understand why people are sent to the prison in the first place. I do believe, those who commit crime are bad for the society, hence should be isolated and seperated from the society. But that doesn’t necessarily mean that those people should be tortured. If you torture a person during his term in Jail. By the end of his jail term, he would have realized that Life is much better outside and freedom is precious. However, that doesn’t guarantee that he won’t commit another crime, because he never really gets an opportunity to reflect upon his actions. Why…because he is very busy even in the Jail…his survival is at stake every day. This really makes me wonder…are we really the people who won independence through Non-Voilence. If so, how can we forget our fundamental principles??
    Look what Norwegians have been doing to their Prisoners. As soon as you are sentenced in Norway, you will be sent to an Island (Exclusively built for Prisoners). These prisoners have all the rights of a normal citizen but they just can’t leave the Island. And what it is the crime rate in Norway…Lowest in the world. Jail term makes these convicted people realize and reflect upon their actions and that would change the person forever. I don’t expect such things to happen in India, nevertheless, prisoners should be treated with respect. Afterall they are human beings like us.
    Sree
    Copenhagen.

  13. Hi dude…
    i just saw ATONEMENT…amazing film…most modern technique of story telling yet very much classical treatment…great show…the background score is so beautifully merged with the visuals that i felt it has been designed before the shoot and not in the post…great sound designing…the lead actor looks like young Russel Crow…just amazing!…
    i envy those who write stories with more than one p.o.v. yet streamline those into one and left us with only one character’s p.o.v. with the help of a plot in the forefront and theme in the under current…
    kedar

  14. >i envy those who write stories with more than one p.o.v. “->yet streamline those into one and left us with only one character’s p.o.v <-” with the help of a plot in the forefront and theme in the under current…
    hellishly tough! 🙁

  15. hi shekhar !
    had gone away where even the supply of electricity is restricted and lights go off without a warning due to hill station conditions. NO INTERNET, simple rustic folk who dont know what internet is , so, no question of exploring avenues of cyber crimes ! fresh, clean, unpolluted air….no great achievers in sight….just courteous, smiling, helpful,wholesome people who are HAPPY where they are, doing what they are…and NOT wanting to go to the city in search of greener pastures ! SO RELAXING just to share the same space with them….allow their simple smiles to touch you and draw forth your own as an act of natural grace. ah….. ! what bliss !
    makes one wonder if we are going forward by excessive urbanisation or killing slowly…first the smiles and happiness….. then the mind and productivity…..?

  16. aslam-o-alikom.
    I think that man is himself responsible for creating more and more problems for him.With the nvention of every great technology, man is also inventing the ways towards death and destruction.
    saba zeb khan.
    Lahore.
    Allah hafiz.

  17. I was totally moved when I read this…
    It is not an fruitless conversation. I guess many of us because of our busy schedule have no idea what is happening in various places of the world…
    By this blog, I have come to know about that, which I probably missed.
    Thanks shekhar…

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