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Legal help Please > Indian Abuse Notice : Request under Section 91
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Legal help Please > Indian Abuse Notice : Request under Section 91

MridulMridul Member

Hello All,

The Story :

I am a webdesigner from India and at times sell some servers to clients.
I bought a VPS from an "Indian Company" and Sold it to a client based in netherlands in August.
This server was terminated in October.

Today the "Indian Company" called me and asked for details : Request under Section 91 of the Criminal Procedure Code, 1973. The Request was for the user details ( of the VPS / its IP ) at one specific time and date.

It was a valid request from Tamil Nadu Cyber Crime cell. So, I provided the necessary details.

This server was already terminated by the host several months ago ( the request to provide the details was received just 2 days ago ). I asked the "Indian company" regarding the nature iof the abuse and all they could tell me was that they often receive such notices and in this case they delete the server and forward the end user details.

I wish to know :

  1. Have you received any such request in the past ?
  2. How serious is this and what can be the outcome
  3. At my End, do i need to make any preparations ?

Thank you for your time to read this. and Valuable suggestions.

«1

Comments

  • coldcold Member

    well if u rented the server on ur name and don't have a contract with the other party it's probably ur ass in line

  • jmgcaguiclajmgcaguicla Member
    edited November 4

    Legal help please

    You've come to the right place

  • ralfralf Member
    edited November 4

    @Mridul said:
    It was a valid request from Tamil Nadu Cyber Crime cell. So, I provided the necessary details.

    If it was a valid request, you should give them all the information they ask for that you're able to. If you genuinely don't know, all you can do is tell them that. Of course, they might hold you liable for anything that was done but if you co-operate and they see you're genuine, you're more likely to get a positive outcome.

  • hostdarehostdare Member, Patron Provider

    This is the no companies want to go India , bureaucrats are stupid

    Thanked by 1brejski
  • You should talk to an advocate specialized in the same area. Since it’s India, police would just need someone to hunt down and take the blame. If some bodies like NIA etc are involved, you’re seriously fucked. Do you think whether the abuse came from the guy you sold to or the guy the first guy sold it to really matters considering how police works there ?

  • @Mridul said:
    1. Have you received any such request in the past ?

    Nope.

    1. How serious is this and what can be the outcome

    Well, the max sentence for child porn in India is 5 years in jail.

    1. At my End, do i need to make any preparations ?

    Depending on your current hobbies, it might be the right time to buy an anal training kit and a 5 years lube subscription.

    Thank you for your time to read this. and Valuable suggestions.

    A valuable suggestion: Be helpful, look innocent, and try to relax.

  • SWSSWS Member, Host Rep

    Have they given you even the slightest idea of what is supposed to have happened using this server?

    When the client signed up how did they pay you, PayPal, card, or bank payments?
    Have you tried checking the client's details on anything such as fraud record or other forums to see if they have any type of abuse record

  • Hello,

    @SWS said:
    Have they given you even the slightest idea of what is supposed to have happened using this server?

    No. I actually asked this repeatedly but the dont have the idea. They said that the server was terminated 2 months ago already. They said they often receive such reports and their SOP is to terminate the server and handover the details of the end user.

    When the client signed up how did they pay you, PayPal, card, or bank payments?

    PayPal ( Netherlands ) . Unverified.

    Have you tried checking the client's details on anything such as fraud record or other forums to see if they have any type of abuse record

    Well, they dont have any FR.

    Thank you for all your help guys.

  • SWSSWS Member, Host Rep

    Maybe a silly thing but the name on the PayPal check if they have any social media such as facebook, twitter, instagram, sometimes building your own little file of background info on the person you felt you was dealing with can help with questions

    Have you tried calling the number they provided when ordering but do not ask questions if someone picks up at this point, just treat it as a sales call but do not mention your own company make something up such as Hey I am Sam from ABC energy or something but use the name they provided, "I am looking to talk with ...."

    If they say yes that is me or something note the date, time you called and they confirmed it was them

    All small details but can go a long way

    Thanked by 1yoursunny
  • Didnt some time ago india passed a law recently requiring providers to keep user info for six months? It's why many vpn providers left the country.

  • pkrpkr Member

    @Mridul said:
    Hello All,

    The Story :

    I am a webdesigner from India and at times sell some servers to clients.
    I bought a VPS from an "Indian Company" and Sold it to a client based in netherlands in August.
    This server was terminated in October.

    Do you have a registered company in India to sell servers? How did you sell?
    Did you transfer the VPS without letting your provider know?

    As you are saying the server was terminated, the guy from NL must have done something that's illegal in India e.g. pornography in any form, child trafficking website, pimp website, drugs website.

    I do not expect you to be in big trouble, but you should talk to a lawyer.

  • Talk to lawyer about what? He wasn't accused of anything (yet). No need to overreact now.

  • @kasodk said:
    Depending on your current hobbies, it might be the right time to buy an anal training kit and a 5 years lube subscription.

    Absolutely disgusting advice. This is not what LET is about.

    How on earth will he get that much smuggled in? You'd be better off giving him advice on plugging and recovery :smiley:

    Thanked by 1kkrajk
  • gbzret4dgbzret4d Member
    edited November 4

    Hello Mr @Mridul,
    im your personal support.
    i can help you but first i need to know if you are able to buy amazon gift cards?

    They just deleted the server?
    No personal info was submitted?

    Thanked by 2kasodk brejski
  • coldcold Member

    @kasodk said:

    @Mridul said:
    1. Have you received any such request in the past ?

    Nope.

    1. How serious is this and what can be the outcome

    Well, the max sentence for child porn in India is 5 years in jail.

    1. At my End, do i need to make any preparations ?

    Depending on your current hobbies, it might be the right time to buy an anal training kit and a 5 years lube subscription.

    Thank you for your time to read this. and Valuable suggestions.

    A valuable suggestion: Be helpful, look innocent, and try to relax.

    DOPE !!!! best answer ever !!!! not even @Nekki could come up with something like this !

  • BlaZeBlaZe Member, Host Rep
    edited November 4

    Just speak to the PI or SPI in charge of the case. Explain him/her everything properly (don't hide anything coz if they find out you're lying then you're in deep shit). Tell them you will be 100% transparent and help them as much as you can.

    If the PI/SPI believes that you're not the culprit then he/she might just ask you to help in the case. Help them out with the technicalities.
    Give them all the proof of your communication with the "client". Any chat record or email exchange, do not hide anything. Be as transparent as you can.

    Do visit a cyber crime lawyer immediately. If you're from Mumbai/Pune then I can give a reference to a good cyber crime lawyer - but he won't help you if you're the culprit.

    Thanked by 1Daniel15
  • coldcold Member

    also could start watching a few times the movie Big Stan ! could help you

  • emgemg Member

    My advice:

    • Be wary of any advice you receive here.
    • Be careful to authenticate any requests you receive, whether under lawful authority or ordinary legal process. If you are not sure that the requestor or the request are genuine, apply due diligence until you are sure.
    • Keep careful, detailed notes - dates, times, names, actions, etc.
    • If necessary, consult an in-country, competent legal expert. It is up to you to know when it is necessary.
    Thanked by 1fynix
  • indiankeshindiankesh Member
    edited November 4

    @emg said: Be wary of any advice you receive here.

    Contact a lawyer. Take professional advice. All the best !

    Thanked by 1fynix
  • MumblyMumbly Member
    edited November 4

    But for what? He was asked to hand over information about server user, he complied and now what?

    Lawyers aren't exactly cheap and not everyone have one in the pocket. It's not like he's accused of anything yet.
    Lawyer... sure at first sight of trouble but right now he don't even know if there's some case against him or anything. Even hosting company told him thah they often receive those requests, they just format server and forward the info to the client to deal with.
    It seems to me that despite our overreaction there's not much to work with the lawyer right now.

    (I am not a lawyer, that's just me thinking)

  • PwnerPwner Member

    @Mridul said:
    Hello All,

    The Story :

    I am a webdesigner from India and at times sell some servers to clients.
    I bought a VPS from an "Indian Company" and Sold it to a client based in netherlands in August.
    This server was terminated in October.

    Today the "Indian Company" called me and asked for details : Request under Section 91 of the Criminal Procedure Code, 1973. The Request was for the user details ( of the VPS / its IP ) at one specific time and date.

    It was a valid request from Tamil Nadu Cyber Crime cell. So, I provided the necessary details.

    This server was already terminated by the host several months ago ( the request to provide the details was received just 2 days ago ). I asked the "Indian company" regarding the nature iof the abuse and all they could tell me was that they often receive such notices and in this case they delete the server and forward the end user details.

    I wish to know :

    1. Have you received any such request in the past ?
    2. How serious is this and what can be the outcome
    3. At my End, do i need to make any preparations ?

    Thank you for your time to read this. and Valuable suggestions.

    Can't really advise you much now, but something for future reference is to probably have your client handle the payment and ownership information of the servers you would sell to them in the future, and just request access or charge a consulting fee to manage it for them.

    I've had clients in the past that I've done IT work for, plenty of times I'd let them buy the software/hardware that they needed and then charged them for my labor of managing or working with it. This way you help mitigate some of the risk of responsibility (besides the most important factor being a liability contract in place with them), while still maintaining a profitable business relationship with them.

    Thanked by 1BlaZe
  • @indiankesh said:

    @emg said: Be wary of any advice you receive here.

    Contact a lawyer. Take professional advice. All the best !

    That's what he's doing, LowEndLawyers.

    Thanked by 2Mumbly brejski
  • I can't see what the issue here is.

    When you say you "sold" I assume you that you took payment from the buyer and transferred control of the server to them, together with full responsibility for future payments with the original provider?

    When you sell a car and you make sure the sale is registered with relevant vehicle registration and licensing authority it isn't your responsibility anymore is it?

  • @hostdare said:
    This is the no companies want to go India , bureaucrats are stupid

    WTF you are talking about!!??
    Either you are a dik or you don't have a dik..

    Your argument will not stand on this issue

    No matter which country you live.. if you resale a server and your client did something wrong Seriously then authorities will ask you about the details.

    What do do you think if a person uses usa server and start a terrorist or any other criminal activity will usa just ignore it?? No country will do that

    Thanked by 1kkrajk
  • @Mridul consult with a good lawyer and next time (if you solve the present problem) either takes steps carefully or just don't do the business which you have no idea what you are doing

  • Hello, this is Microsoft Suuuppoort how wei mai helpi u?

  • zedzed Member

    seek legal advice from someone qualified man.

  • ralfralf Member

    I wonder if he did take on board the advice about the lube...

  • @ralf said:
    I wonder if he did take on board the advice about the lube...

    dropping soaps and lubes..no that's not how Indian prisons work

  • hostdarehostdare Member, Patron Provider

    @BingoBongo said: WTF you are talking about!!??

    This comment was before I know it is CP content but Indian laws are somewhat outdated

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