Emails can become the avidance.?
asmita0009
(Querist) 27 October 2012
This query is : Resolved
my friend had done marraige through well known matrimonial site. she has All coorespondance in her mailbox. but now in court her husaband is not ready to accept that he had done such correspondance. so,how we can submit our evidance in court? is the cyber police can become helpful to present our case in court?
Dr V. Nageswara Rao
(Expert) 28 October 2012
E mails are admissible as evidence in India under Evidence Act and also IT Act.You may seek the help of cyber police.Please remember that forwarded e mails can be tampered with easily by the sender. Make sure that the mails are not forwards.
Guest
(Expert) 28 October 2012
Nice advice by Dr. V. Nageswara Rao! His later point about forwarded emails should be taken very well, as is quite important to note.
Devajyoti Barman
(Expert) 28 October 2012
E-mails are admissible in evidence. So whatever he is saying is sayings of desperation.
Just produce the print outs of the mails.
The Cyber Police has nothing to do with it.
So do not misdirect yourself.
Arvind Singh Chauhan
(Expert) 28 October 2012
I go with Barman Sir. Cyber police will not help. If any body challenges the veracity of e mail produced by you. You can request to court to send it for expert opinion.
R.K Nanda
(Expert) 28 October 2012
file emails printouts in court and they are admissible in evidence and exhibit them in ur
chief exam.
Kishor Mehta
(Expert) 28 October 2012
Sir/s,
With due respect, I have a query in the matter:
An email account can be opened by anybody giving misleading information to the USP, in such a case how to pinpoint the sender? How to prove that a particular person has sent the email? Unless scientific proof is available.
A person can open an email account in any name and send emails to himself/herself and claim the emails to have been generated by the person who may be absolutely unaware and innocent.
I humbly believe that some sort of corroboration is required, else innocent person may stand to be punished.
Please enlighten me in the matter and oblige.
Thanks,
Kishor Mehta
Dr V. Nageswara Rao
(Expert) 29 October 2012
1. As Mr Mehta points out correctly, e mail accounts can be manipulated in many ways.
2. Even if the sender is authentic the person who recieved it can forward it to somebody by completely changing it.
3.So, if there is any such possibility, cyber police has to be informed.Spams can be made even with regard to e mails with authentic origin.
4.Relevancy of e mails is different from their admissibility. If they are tampered they may not be admitted.
Ramanathan G
(Expert) 29 October 2012
Sir,
In the courts, the documents are admitted through the procedure of "Admission and denial of documents", which is a separate chapter in the CPC. In that, at the earliest instance all the documents are to be presented with the Plaint, if not in own custody, in whose custody etc are to be revealed. Just because the opponent admitted a document, that will not become an evidence, if that is an inadmissible document. In that manner the E-mails are to be taken print out and filed in the court and copy to be given.
Now i am at Kochi, kerala. Couple of years ago, while i had been at Delhi, i remember reading a Notification of Delhi High Court, in which there was programme to make "paper-less courts", in that one line i remember: "in case of E-mails, what is in the website is Original and print out is only a copy", i also remember reading that, prior to hearing, the pass word to be changed by both the parties, and during hearing the Judge will be able to open the websites, e-mail ID of parties, which can be viewed through various monitors in the court room.
There was another newsreport, about delhi high court, in which highly educated male and female, acquainted through social networking, now the female threats to commit suicide, the male filed petition in delhi HC, SUMMONS were served through e-mail for next day etc.
All these i write to re-assure that, e-mails are valid documents and frauds can be proved if false promises are made.
Wish you all the best.
Ramanathan.G
Advocate (D-1282/2000)
ramanathan2108@gmail.com
29-10-12 at 11.50 am
Ramanathan G
(Expert) 29 October 2012
Once it is the case of matrimonial matter, i beg to submit that, "tell thousand lies to get a marriage done" is the principle, because, you are not going to get an ideal partner in this world.
After the marriage, main problems can be by some relatives, who conduct "puppet show", and "thanks demand etc".
Better will be to consult a Psychiatrist and Sexologist, prior to commencing any legal proceedings. In fact, your consulting them prior to litigation will give a presumption that, you want to live peacefully and not a drama life.
You get life only once, then why to spoil that with litigations.
Kishor Mehta
(Expert) 29 October 2012
Sir/s,
Once again I would like to draw attention to the hackers of the email accounts, any account can be hacked, and number of emails can be sent purporting to have originated at the account, how can this be accepted as impeccable evidence. A man's innocence and prestige should not be put to risk on such a flimsy proof as an email. Corroborative evidence should be a must, and as I understand it the Courts of Law do not accept an email at its face value.
Regards,
Kishor Mehta
K.K.Ganguly
(Expert) 29 October 2012
At this stage the cyber police appears to search & prove the identity of the sender. The identity of the hackers also can be established.The cyber police contacts the service providers, who are mostly located at the USA and finally trace out the intruders.
Ramanathan G
(Expert) 30 October 2012
When you are producing the evidence, the rules of exemptions and loop holes get appeared and fill in then and there.
If you fear a lot, you will not be able to live for even one second - there are many a infections around you and no doctor can tell for howmany of such infections, your body had developed resistance till now.
Bye.
