facebook account screenshot cannot prove an account is fake know what are the provisions for it
Fake Account Identification Rules: In today’s time, social media has completely dominated people’s lives. People spend a lot of time during the day on social media. Talk to friends and family. Keep giving updates about your social life. Many times people misuse the information shared on social media. Many times people target people by creating fake accounts on social media.
Recently a similar case has come from Mumbai. Where a person accused his relative of defaming him and his family by creating a fake account. Derogatory posts have been made about him and his family from a fake Facebook account. For this, he also showed the screenshots of those Facebook accounts in the court. But the Bombay High Court rejected the man’s claim. And refused to accept the account as fake based only on the screenshot.
Court said mere screenshot cannot prove account is fake
The Aurangabad Bench of the Bombay High Court recently did not consider printed out screenshots of an account of an insulting Facebook post as conclusive evidence to prove the account was fake. In fact, a man lodged a complaint against his brother-in-law at Latur Police Station in Mumbai, saying that he had created a fake Facebook account. Due to which derogatory material is being posted about him and his family. The man said that he is being defamed because of the marital dispute between his wife.
When this matter was heard in the court, the bench of Justice Vibha Kankanwadi and Justice SG Chapalgaonkar of the Bombay High Court said, ‘Only the screenshots of Facebook, the prints of which have been taken, have been attached after the seizure and the statements of two witnesses. . On the basis of the said content alone, it cannot be said that the said Facebook posts were made by that person. Therefore, there is absolutely no evidence against him, and asking him to face trial would be a futile exercise.’
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Investigation should be done under cyber crime
Not only this, the judges of the Aurangabad bench also criticized the police officers and said that the provisions of the Investigation Act have been ignored. The people who investigated this case had no experience in cyber crime investigation. Rejecting the charges against the accused, the court said, ‘The police could not present necessary evidence like IP address tracking and forensic analysis of the devices used to create fake accounts. Whereas in the FIR it was mentioned that the accounts were created fraudulently. In such a situation, the help of police specialist should also have been taken.
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How will a fake account be proved?
According to the decision of the Aurangabad bench of Bombay High Court in the case of Mahesh Shivling Tilkari vs State of Maharashtra, if someone is sharing objectionable material against you by creating a fake account. And you have complained about it to the cyber police. So to prove that account as fake, the cyber police will have to do complete investigation with the help of IP address tracking and cyber crime experts. And a complete forensic analysis report will have to be submitted on which devices the account was accessed on. On the basis of this it can be decided whether the account is fake or not.
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