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Yash (Manager)     30 March 2015

Emails from incognito mode

I am being charged for abeting suicide. But I have an email from the person who committed suicide saying that she is doing so because of her parents.

But the problem is that she created a new gmail account to send this (as her parents took away her phone before she committed suicide) and she sent it from Incognito mode (in Chrome browser) from her mom's phone using their home wifi.

Will the court believe that she sent it? Is there a way to ascertain that it was sent from her home wifi or something?



Learning

 11 Replies


(Guest)
Yes court will believe But we need more info.

(Guest)
Yes court will believe But we need more info.

SAINATH DEVALLA (LEGAL CONSULTANT)     31 March 2015

  1.  The webpages you open and the files you download in incognito mode aren’t recorded in your browsing and download list .All new cookies are deleted after you close all incognito windows. Your extensions are automatically disabled in incognito windows because Chrome doesn’t control how extensions handle your personal data. Hence not a valid evidence in the court.

cyberlawyer (barrister)     31 March 2015

Taking away the phone from her doesnt prevent her from using her gmail account. I smell something fishy here

R.G. Singh (Intern)     01 April 2015

@Yash, if it was sent using the home wi-fi, the same could be proved in the court as every mail which is sent/received has IP address embedded in the message and under section 67c of the IT ACT 2000, an application needs to be moved immediately for Preservation of records of the Broadband provider and Google. Please understand that the onus of proving that you abetted the suicide is on the prosecution, and they will have to prove

(i)             the deceased committed suicide

(ii)                you abetted/instigated her for suicide

(iii)               your direct involvement in the abatement and instigation is necessary

 

 

You may take help of an experienced lawyer in your city/state immediately. 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 April 2015

Yash,

I have given the technicalities of the browser. Ofcourse  everything sent through the pc will invilve the IP address, either wifi or modem. U need a good lawyer well versed in cyber laws.

Yash (Manager)     01 April 2015

If I can prove that these emails were sent by her, there is no case against me. I consulted an IT security person and it seems that there ip address in mails sent from Incognito mode also.


@Cyberlawyer: Sir, I understand she could have logged in from her own account and sent me the email. I don't know why she created a new account. Can you tell me what seems fishy to you?

R.G. Singh (Intern)     01 April 2015

 

Mr Yash, that's what I had mentioned in my post that IP address is traceable and can be mapped back. But for that there needs to be a coordinated effort needed between identifying from Gmail that which IP address was used and by broadband service provider that the same IP address was allocated to the area (as most homes have dynamic IP allocated).

 

The only thing which may be proved is that the mail was sent from this place, it’s going to be a matter of trial that who had sent and has circumstantial evidentiary value, which is not the same as conclusive evidence.

 

 

As mentioned in my earlier post, the onus of proving is on them and not on you to prove yourself as innocent, until you are going for a discharge/quash. Thus my suggestion to consult an experienced lawyer, who is well versed in criminal as well as cyber law in your city/state.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 April 2015

If U can send the charge sheet copy, I can better advise U, as the entire case depends on the charge sheet.There could be some technical legal points, which could be of help in determining UR case.

Mr.R.G.Singh has also come out with the legal aspects.Is the chargesheet filed or registered?

T. Kalaiselvan, Advocate (Advocate)     03 April 2015

All the technical details are to be discussed in the court with the help of authentic evidences that you possess. The burden of  proof of its authenticity will certainly lie on the person who relies on it, moreover it is a matter of trial, engage a prudent lawyer and defend the case on its basis.

mahendra limaye (Cyber Legal Consultant)     05 April 2015

As advised earlier if charge sheet is filed and you are one of the suspect then share the same for further advice.


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