Email as proof in 498a case

what is context of the case

wht is the content of that mail

i think she sent lot of mails to number of persons you can ask the court about service provider of your wifes internet  and Ip address of the service provider

Originally posted by : sridher
	i think she sent lot of mails to number of persons you can ask the court about service provider of your wifes internet  and Ip address of the service provider

@ Sridher 

The court is not going to answer about the service provider of your wifes internet or the IP address when you plead .you have to contact the service provider and get a certifed copy of the same . 

@ Author  

Emails can be sumbitted with the headers 

Amendements in the evidence act 2000 and passing of the information technology act 2000The condition for admissibility of electronic records as per section 65 B is as follows The computer was regularly used by the person having lawfull control over the use of the computer .

1.       The information required or derived was regularly used fed into the computer  I the ordinary course of the said activities .

2.       The computer was operating properly or if not did not affect the electronic record or the accuracy of the record and its contents .

Section 88 A states that an email sent  , by the originator is the same as the one that is received

The entire emphasis is on the computer . and not on the data that is retrieved from it .Email data is not stored on the computer but on the server and now that torrents have come into use the data exists only on the internet and not on any specific  computer .The second problem is accepting email as analogues compared to ordinary mail .Mail is not stolen diverted or lost but spontenously deletes itself due to virus.Between one letter and the next the sorting office deltes itself and relocates to another country .( Hence jurdiscation ) A mail is altered its envelope changed the post mark tampered  and no physical evidence is produced as the ip addres may vary from place to place .A single letter is delivered to multiple recipients and hence may appear different to two different viewers .Hence  Its is very difficulty  to prove emails as evidence although accepted .

True service provide, ISP etc, can provide the clues.

Regards,

service provider of your wife's internet  and IP address of the service provider can give you a better clue.

Still not clear If Emails can be used as Evidence in 498a case?

If the scenerio is like this ...she might going to Cafe' to send mails?

How is she can deny emails of her sended by her?

even though she did password  cannot be known to anyone...these days emails are protected with OTP(one time password) which exclusively sent to their mobiles when they want to login. 

Yes, emails can be used in 498a and all cases in India. The only thing is that it should be admitted as per the provisions of Indian Evidence Act relating to admission of Electronic Evidence.

The person who sent email can not deny that they have not sent emails, because as for all electronic evidences, emails also leave a strong undeletable  footprints.

Regards,

What if the emails are Corporate emails? then we dont have Service Provider.

How do we go about in cases like these?

The emails are sent from one corporate email address to another corporate email address, I need help or any information pertaining to law where such emails can be used as proof.

Please advise.