Cafe means as per definition in Act. In I.T. Act intermediary includes
Cyber Cafe. Cyber Cafe means any facility from where access to the
internate is occurred by any person in the ordinary course of business to
the members of the public. As per rule 3 of the Information Technology
( guidelines for Cyber Cafe) Rules 2011 registration of Cyber Cafe is
compulsory. As per rule 4 taking ID proof of users is compulsory. As per
rule 5 log register is compulsory. Preserving the information under rule
4 and 5 for 1 year is compulsory. In the present case Cyber Cafe was not
registered. Requisite information was not obtained and preserved. As
per section 67 C (1) preserving and retaining the information by
intermediary is compulsory. Breach of sub section 1 is punishable as per
section 67 C (2) of I.T. Act. Internet connection was in the name of
accused Vishal Bhogade. It was being run by accused Sandesh Dere.
Hence, considering the Act and rules framed, both the accused are
responsible for contravention of rules.
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
(COURT NO. 3), PUNE
(Presided over by S. R. Nimse)
R C. C. No. 2095/2013
Complainant State of Maharashtra
V E R S U S
Accused 1. Vishal Hiraman Bhogade.
2. Sandesh Sopan Dere
Offence Punishable Under Section 43 (g), 66, 67 C (2) of Information
Techonology Act, 2000 and section 188 of Indian Penal Code .
( Delivered on 31 th July 2015 )
