Email hack to prove mental cruelty

Bekaaar

Wife and MIL are scheming and talking ill against husband and his family.

Wife, writing love-letters to ex-BF.

Wife inviting stange men over chat to house when husband not at home.

Wife lying to her friends and defaming husband.

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Obviously, asking wife, would make her alert and she would delete all evidence.

Have two questions :-

1) Will it be considered a crime to hack wives email account, to gather proof regarding the same ?

2) Using software to capture screenshot of computer (without hacking into her account) , regarding her chatting, still be considered a crime ?

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Husband needs to counter false allegations of mental torture to wife, and already has all the mentioned evidences, while both were living together. Would producing these evidence be a crime, although its used only to couter the fasle allegations, and point towards the real guilty.

 
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Advocate

Yes, it is crime to hack or using SW to screenshot of computer without hacking under Information Technology Act. It is a crime regadless of who has done it and are punishable under IT  Act.

 
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Bekaaar

Do you mean, in this case, there is no way one can prove mental cruelty based on the evidence ?

 
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Advocate

Yes, hacking is a crime under IT Act. But, when husband produces these evidences beofre the Court, if the wife is found at fault, it is rare that she will file a case under IT Act. In any case, husband should be ready to face the consequnces. And under IT Act allegations, he can take the defense of the necessity of his act for the sake of the present case. 

 
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Advocate

Yes, hacking is a crime under IT Act. But, when husband produces these evidences beofre the Court, if the wife is found at fault, it is rare that she will file a case under IT Act. In any case, husband should be ready to face the consequnces. And under IT Act allegations, he can take the defense of the necessity of his act for the sake of the present case. 

 
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Bekaaar

Thanks for the reply Suchitra.

I think its worth taking the risk, than to accept false allegations :-)

At times, we need to make a crime, to stop criminals.

 
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lawyer

 Using software to capture screenshot of computer is not  come within the meaning of hacking under it act, because both r living in one home and using software is just like JASUS (investigate) type

 
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lawyer

if husband have password given by wife  then not come within meaning of HACKING

 
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NA

If there is hacking, the evidence remians dubious and in my opinion it would be difficult to establish its authenticity as hacked mail can be manipulated too. 

If husband has password, then husband himself can write N number of misleading messages from wife's account. It is very easy to demolish the authenticity of hacked or shared password mail. Thus the screenshot of your wife's e-mails also become dubious; 

Remember, there would be defence from wife also and it would not be easy to defend the credibility of hacked mails. 

 
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Advocate

Hacked mails can be cross checked if they are manipulated. A copy from the  IP addres can be taken again  from which the mail is retrieved and that gives the authenticated mail version even if it is manipulated later. Each and every word typed can be retrieved as it is even if they get deleted. 

There is a chance of wife defending herself by saying her husband has written those mails in her name. But then, these electronic evidences alone cannot decide the fate of a case. One has to provide other corrroborative evidences to prove the facts. 

 
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