shahzan (manager) 03 December 2012

Crminal case query

Dear Sir and Mam, i have some quires regarding IT Act 2000..

1- What is the proper evidence of hacking an email account to file a case in section 66.If an email id found in a computer could be an evidence or not, any email id could be store any computer as cookies if someone received or send any email.example i am sending you this email from my id abcd@gmail.com to xyz@gmail.com and you will received and read this email.. your email id has been store in my computer and my email id in your computer as cookies,after FSL both ids will be found in both computer...Then is it evidence of hacking or not....?

2- Section 66A. if any person send a threat via Email to a individual..then section 66A would be applicable or not..?There are many section available in IPC 1860 for threat.. email could be an evidence. a person could get only 1 charge for 1 crime section 66A and IPC section 385 or 506 both could be frame or not..? why section 66A is necessary in this case...?

Sir i will be highly obliged please revert my queries.

Regards

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4 Replies

DISHA D. SHAH (lawyer) 03 December 2012

you first topic cookies is not proof but your email id abcd@gmail.com xyz@gmail.com have saved in inbox or outbox there is proof of sending communicating mail

2, section 66a for offence using email so when thereat via email specifially included under definition of 66a

*[ 66A. Punishment for sending offensive messages through communication service, etc..- Any person who sends, by means of a computer resource or a communication device,-

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

shall be punishable with imprisonment for a term which may extend to tthree years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

[* Inserted vide Information Technology Amendment Act, 2008]

kartikeya (lawyer/cyber law consultant/cyber crime investigator) 08 December 2012

the main thing in your case will be IP address... if you receive or send any mail FSL 1st need to analyze the header.... because just by Computer Mac adress you cant prove that this has been used by some person... apart from this there are many things to consider... so far sections or IT act Or IPC concerned one need to check if other sections can be frame or not...

shahzan (manager) 11 January 2013

i send and received email with my friend but my friend claimed that i hacked her email account.In CFSL report of my laptop they found cookies of her email account because i received and sent email from my laptop.but they did not have any IP detail (login and logout)of email service provider. now they said that cookies stored because i access her email account (hack)magistrate could frame section 66 on the basis of cookies..? where will i get evidence details for section 66 on internet..?

shaan ali 14 August 2016

if i attached a document or folder and sent/forward it to someone, that time i would be originator, whether aforesaid document or folder must be present in my computer.... I am doing a NIA case i need help