Any information which sender knows to be false, but for the purpose of causing harm, injury physical/social danger guilty, insult, injury , criminal. Intimidation out of hate or enmity by sending distributor information using electronic mail qualifies "Abusive Mail"
How to fight "Abusive Mail"
Appoint cyber forensic specialist to Trace IP Address of the Machine from which mail is sent Analyze email header collected from web based mail programme like yahoo, Rediffmail, Hotmail, Google etc. Generate detailed analysis report in HTML format.
Detect the city and country IP address location of the sender plot Route Traced by the mail from display the geographic location of the mail in the world map who is search, Name Server Lookup and IP Trace Back facility.
* Extract and save attachments in native format
* Extract embedded mails
* Extract save suspicious email in .eml format.
* Finding or creating Liability of "Oroginator" as per Section 2 (Za) of the information Technology 2000 "Intermediary" as per Section 2 (w) of the information Technology 2000
* Legal recognition of electronic record.
Appoint Cyber Lawyer
Damage and create liability :- The principles of substantive law under which an action is brought. Damages of defamation is directly proportional to the moral, social injury exerted with malifide intent. In tort law the motive, malice and intention of the wrongdoer.
Penalties, compensation and Adjudication
Supreme court of india decided on 24th March 2015 in Shreya singal vs union of india to strike down section 66A of Information Technology Act 2000 (21 of 2000) as unconstitutional as it is violative of Article 19(1) (a) related to freedom of speech and expression. Now comments on social networking site will not be effective unless they come under Indian Penal Code.
Defamation :- Section 499,
When such an act is criminal by reason of Section 35 it being done with criminal knowledge or intention.
503:- Criminal intimidation.
509:- Word, gesture or act intended to insult the modesty of a woman.