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ABHISHEK B (Bekaaar)     15 May 2011

Email hack to prove mental cruelty

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.



Learning

 17 Replies

Suchitra. S (Advocate)     15 May 2011

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.

ABHISHEK B (Bekaaar)     15 May 2011

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

Suchitra. S (Advocate)     15 May 2011

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. 

ABHISHEK B (Bekaaar)     15 May 2011

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.

DISHA D. SHAH (lawyer)     15 May 2011

 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

DISHA D. SHAH (lawyer)     15 May 2011

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

Ambika (NA)     15 May 2011

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. 

Suchitra. S (Advocate)     15 May 2011

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. 

Suchitra. S (Advocate)     15 May 2011

The date and time will be recorded along with mails, chat sent from the IP address. If husband can prove that he was not there at the time and date when it was sent , he has a good defense. 

1 Like

Ambika (NA)     15 May 2011

 

Thank you Suchitra ji for clarifying. Apart from the querist, the readers also get educated by such informative clarifications as not many of us may know the complexity involved in the issues of cyber crime. 

one more clarification, just for my own education, 

I believe account like gmail do not give an IP address of the sender, do they? I came to know about it while browsing for some information. So supposing some one writes the mail in the name of husband or wife, if spouses are in the habit of sharing passwords, how this verification would be done?

Sorry Andy, I am perhaps diverting attention from you query, but I suppose the reply to my query would be useful guide for you also....

 

Suchitra. S (Advocate)     15 May 2011

Every devise, laptop or PC will have one IP address. So, when any mail or chat conversation is required to be retreived, we have to get the IP address from which it has been sent, irrespctive of any service providers. Common people will not be having all such knowledge and may not know anything about IP address. 

People start using PC or laptop as an entertainment device most of the times, without knowing how we can be trapped so easily. As you have raised the doubts about authenticity of hacked mails, I had to write all this. It is always better to think twice before we type anything. Even deleted mails can be retrieved. I hope this much is enough info and I stop this topic at this. 

It becomes unnecessary and diverted topic altogether if we continue like this. :)

3 Like

(Guest)

thank you suchitraji..


(Guest)


Suchitra. S

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.

The date and time will be recorded along with mails, chat sent from the IP address. If husband can prove that he was not there at the time and date when it was sent , he has a good defense.

Every devise, laptop or PC will have one IP address. So, when any mail or chat conversation is required to be retreived, we have to get the IP address from which it has been sent, irrespctive of any service providers. Common people will not be having all such knowledge and may not know anything about IP address.

People start using PC or laptop as an entertainment device most of the times, without knowing how we can be trapped so easily. As you have raised the doubts about authenticity of hacked mails, I had to write all this. It is always better to think twice before we type anything. Even deleted mails can be retrieved. I hope this much is enough info and I stop this topic at this. "

I am surprised suchitraji?How you get these knowledge ,Tell me?

You have a very good software(PC) knowledge + legal knowledge = Expert.:P

Thanks...

 

@Andy

I agree with Suchitra. S view

Electronic evidences alone cannot decide the fate of a case. One has to provide other corrroborative evidences to prove the facts. And it is a crime too.

Emails hacking requires software knowledge,it is  through these methods:

Password Guessing

password Recovery Page

Spy+Keylogger Software

Hardware keylogger

Torjan Lastdoor with Embed in Xls or Pdf file

Phishing

Remote hacking by mail tacking using readnotify.com( now these system is used world wide so beware if you have received fack or unknown mails dont opened it)

Sniffing on same network  Etc.

 

And after the person(hacker) caught by police the punishment if proved is this;

Section 66 of IT Act -Hacking ( punishment upto 3 yrs/fine of 2 lakhs)

 

Precaution:

# Don't talk to strangers online. You never know what might go wrong
# Be prudent in disclosing your email ID anywhere on the Internet
# Frequently change your password and your answer to the ‘secret’ question
# Do not use a password that also happens to be the answer to your secret question
# Do not disclose your password to anyone, not even your friends




Ambika (NA)     16 May 2011

Thank you Suchitra ji, this is really informative....


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