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Shreya (Homemaker)     03 August 2009

Adultery

What proves adultery? do smses prove adultery? can the content of sms be retrieved from the AIRTEL's database? is this admissible in court as evidence?



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 3 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     03 August 2009

Section 497 of IPC

Adultery.--Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man,such

s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

From above definition U can understand that sms do not constitute adultery

I don't think anyone can get the sms data retrieved from AIRTEL's database for personal gains/use. 

But if retrieved, yes they are admissible and can be used as evidence in court.

 

Kiran Kumar (Lawyer)     03 August 2009

Dharmesh g is right mere sms can not be proof of adultery, the essential ingredient is s*xual intercourse.

 

the sms record can be summoned by the court if appropriate application is made during trial.

Sandeep (Business)     04 August 2009

The main phrase here is "s*xual intercourse not amounting to rape". This does not include sms, mail or chat. These can be used as supporting eveidence. However, for adultery it has to be proved that s*xual intercourse has taken place with the willingness of the married woman.


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