rinki 25 October 2015

Watsapp messages

Does watsapp messages can be counted as evidence in court if the watsapp details are taken by hacking the phone illegally. And whats their reliablity. My husband used my phone and created fake evidence by sending messages thru it and then he hacked the phone and took out all other details too to prove that whatever messages he has,,, were sent by me. How can I prove that those messages were not sent by me.

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23 Replies

(Guest)

Now he only has to agree in court that he did it, its in hand of your laywer now to make him confess about this, there is no other option for you. Issliliye mobile should be kept with encrypted. Password protected. samjhi.

rinki 26 October 2015

it was password protected but he hacked that as well. one of the documents he has submitted claarly shows that he had access to the passwords as well. what if he doesn't confess?? can he prove adultery just because of the watsapp messages.

kunal 26 October 2015

Dear Rinki,

Its easy to show the messages but very difficult to prove it in the court that has been sent by you. Messaegs are not valid and court take it on granted way. Let him prove himself that he has not sent those messages to you.

Good luck ..

Anil Upadhyay (Lawyer) 26 October 2015

It may be considered as electronic evidence and court will not accept your averment that password was with your husband.

Thanks

(Guest)

Moral of story? Dont use smartphone, its better not to use mobile phone at all.

rinki 26 October 2015

Sir he himself has accepted in the petition that he was monitoring my phone, emails , fb account and was also doing my call recordings as he installed a software in the phone which he gifted me after breaking my own phone...but he is saying that it was a " LEGAL " software. He used the word monitoring instead of hacking. Also he has sent proofs that he had access to my phone passwords,

Attached is the picture....this was the software he installled....

Attached File :

downloaded: 79 times

rinki 26 October 2015

(Guest)

As I told its totally the capability of your lawyer to make your husband confess during cross. Nothing much can be done in your case.

Dont forget, above all there is conscience. Nothing beats it and nothing above it.

rinki 26 October 2015

But is it legal what he has done. Being his wife, I never thought that he can misuse my phone. I trusted him and did not know that he was creating fake evidences. Its true that husband has full right to know what his wife is doing. But my husband had bad intentions as his family was after breaking our relationship and under their influence he did all this. I have already filed a complaint against him for hacking my privacy.

rinki 26 October 2015

prabhakar advocate (advocate) 26 October 2015

Do not worry. What you have to prove in this case is that your husband has got access to your phone and you say on oath that you did not send those messages those alleged by him and that is enough to prove the messages sent through your phone were not actually sent by you. The same is the case in the matter of SMS. Your advocate has to fishout appropriate citations on this particular point.

rinki 26 October 2015

Thank you prabhakar sir...

Anil Upadhyay (Lawyer) 26 October 2015

Dear Rinki,

As suggested by Mr. Prabhakar ji, you should contact a good lawyer and give him all the details about the facts of the matter. Your Lawyer will be able to give you perfect advise and there are many factors involved in the cases, such as clear facts before lawyer, law, citations, knowledge of lawyer, etc.

Further, now technology is very vast and cyber police is capable to track cyber crimes. So, be clear while you put facts before your lawyer to get proper relief.

Thanks

shakeebahmad 26 October 2015

I had gone through your case #Its no a case of Hacking, but its a case of cracking Reason - Hacking is a crimes in which a programmer uses his skills and Destroyes or steals the data or Information Whereas cracker is someone who Breaks into someone's computer, bypasses passowd or licence into someone's computer . So its a complete case of Cracking Section 43 of IT act states that any act of destroying or altering or Damazing Data without the permission of owner is liable for a payment made to owner for Damage . Note- If you have any electronic evidence Court will definitely consider it as a evidence under Section 463, 464, 468 and 469 Of IPC or 43 and 46 of ITA .