Obakeng, the founder of a social media network head the unlawful operation of releasing the user's data to third party companies for profit. The users decided to sue the social media network company as a result of this. The claim was to the value of R850 000. Is this a criminal case or a civil case and which court has jurisdiction in the case.
Answers
This is a criminal case and the district court (Magistrate first class) has jurisdiction over it.
- Section 405 of Indian Penal code defines 'Criminal breach of trust as - 'whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust” and the punishment for it is imprisonment upto 3 years or fine or both.
- Since, the founder of social media network was entrusted with the user data and he unlawfully and for wrongful gains, released the data to third party commited the criminal breach of trust.
- A Judicial Magistrate First Class has the jurisdiction to try cases upto Rs. 20 lakhs. Hence, the district court has jurisdiction over the case.
Criminal Case
Explanation:
Criminal law is the form of legislation that associates to crime. It forbids manner regarded as dangerous, evil, or otherwise threatening to the resources, well-being, security, and moral benefit of the human whole of one's self. Most criminal law is authorised by enactment, which is to say that the laws are established by a legislature. Criminal law involves the correction and improvement of people who break such laws. Criminal law deviates according to control and changes from civil law, where the stress is more on conflict analysis and sufferer payment, rather than on discipline or recovery. The criminal system is a formalized sanctioned activity that validates the fact of the commitment of a crime and approves the disciplinary or rehabilitative therapy of the offender.
To learn more:
i)what do you mean by criminal law - Brainly.in
https://brainly.in/question/11484914
ii)what is the difference between criminal law and civil law - Brainly.in
https://brainly.in/question/6117278