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Viraj (HR Head)     21 November 2012

Hacking of it proofs

Respected Experts,

 

pl let me know if my IT proofs are been hacked by my wife and submitted in court to make her case strong in IPC125, to get good amount of maintainance.

can i fill a case against here and under which section? She are created an account in my name and registered my PAN Card on NSDL site.

pl suggest how to handle this???



Learning

 3 Replies

Tajobsindia (Senior Partner )     21 November 2012

In my opinion case can be “filed” but no good it will justify from the Tribunal order as no misuse of IT returns in terms of revision of IT Returns or Tax refund routing to her a/c or change of primary datas have been done by her.

The first bar you will face is calling .nic.in of concerned AO Zone Authorities on record as witness. Suppose you cover this bar then the next bar you will face is how such ethical hacking lead to ‘damage” be it “vicarious damage” under law of Torts?

See where your efforts can stand on removing above two bars to get admitted an act of ethical hacking case before the tribunal. Also read the full text of the very first Judgment on cyber law in matrimonial cases I presented here some months back for idea on what I just opined.

Link of my old article with full text Tribunal Judgment is here;

https://www.lawyersclubindia.com/forum/First-email-hacking-case-in-india-against-metro-wife-44362.asp

kalyan (engineer)     04 December 2012

Tajobs,

Is Rs.100 fine enough for hacking email account? Then, everyone starts hacking their spouse account ;)

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     08 December 2012

may be she can make her case of maintenance strong but she can be held liable for hacking and cheating and other cases.... you need to produce necessary proofs in the court...


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