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Victim of Greed (Worker)     13 May 2013

Hacking email address

Hello,

I am somehow able to hack gmail account and get all information about emails from her inbox.

I would like to know whether it is permissible to show such evidence by hacking her account. Thanks in advance !!!!



Learning

 4 Replies

Advocate M.Bhadra   13 May 2013

She can lodge a complaint to Police of Cyber Crime Branch and file a Crminal Case u/sec.156 (3) Cr.P.C.  in  Magistrate Court charge with section 66 of  Information Technology Act.

 

Sec.66 Information Technology Act 2000--------------: Hacking with computer system.

  • Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack:
  • Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend upto two lakh rupees, or with both.

 

Tajobsindia (Senior Partner )     13 May 2013

1.    I disagree to @ Bhadra's advice. You are not causing any wrongful loss or public damage to her infact best evidences to protect oneself is being produced.
Illustration:
Suppose you are charging her of adultery and some emails – pics. showing her vulnerability you stumble upon then what you are supposed to do - pray to IT guru to save her or save you from such adulterous your marriage and/or same way suppose she says gospel truth in a court of law that she never ever worked in her whole life say in a maintenance case whereas in her inbox you stumble upon her CV - appointment letter - Form 16 – PF records in such case what you are supposed to do - sell family silver and pay from your behind all her maintenance claims is these what ld. Court expects a (sitting duck) husband to best produce as his defence – evidences of rebuttals if we go by @ Bhadra’s misreading of point in Law! 

2.    Why think of using word ‘hacking’? It is ethical hacking if family law related case is on the anvil which is my view J   

3.    Elicit evidences and produce before concerned Court with two applications; one for admission / denial and marking the same (i.e. such evidences in material file of the Court) and second one for issuing direction to Service Provider to produce the same in a Court proceedings and get both applications allowed then and there.     

4.    However if she alleges what she / her side usually allege as seven steps to eternity then tell her she herself gave them to you and or some samaritan pushed them under your door and in family law related cases you are not required to reveal your sources ! 

5.    I think @ Bhadra got influenced by my first hacking case judgment I placed here in LCI where a husband – FIL colly. charged wife of HACKING their business account and she could not take recourse of ethical hacking which is what I reversed plead here J Earlier link for your recall – tally as gross difference to what I say and what @ Bhindra is pleading is placed here (there we made her pay 1 K as fine and Appeal is still pending do not worry she will go to jail soon and this was based on public loss – wrongful damages based showcaused pleadings using IT Act and not like yours as it may evolve is my early bird view);  

https://www.lawyersclubindia.com/forum/Re-First-email-hacking-case-in-india-against-metro-wife-44361.asp 

1 Like

Victim of Greed (Worker)     14 May 2013

Hello Tajobsindia,

Thanks for your quick response but am really sorry to say that your words are very much technical. If you dont mind, will you please put up in simple words ? Please do not misunderstand me !!!

Thanks a ton in advance !!!

Kumar Doab (FIN)     14 May 2013

You may go thru a very interesting thread at LCI posted by Mr.Beni Prasad: 

Even if evidence is illegally obtained, it is admissible&quot

 

https://www.lawyersclubindia.com/forum/Even-if-evidence-is-illegally-obtained-it-is-admissible-quot--73770.asp#.UP9oDjfZ1JI


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